General Terms and Conditions (GTC)

General Terms and Conditions (GTC) of her1 GmbH

Conditions in the context of contracts concluded via the platform https://www.her.one between her1 GmbH, Brunnenstraße 196, 10119 Berlin (Managing Director: Ms. Chanyu Xu, Register Court, Charlottenburg Local Court, Register Number: HRB 189949 B, VAT identification number according to §27 a, Value Added Tax Act: DE313590458) - hereinafter referred to as "Provider" - and the users of this platform designated in § 2 (2) of these GTC - hereinafter referred to as "Customer".

§1 Scope

(1) The following General Terms and Conditions shall apply exclusively to the business relationship between the Supplier and the Customer in the version valid at the time of the order. The offer is directed exclusively to end consumers within the meaning of § 13 BGB.

Contractual terms with customers who are not acting as consumers will be communicated separately and upon request.

(2) All agreements concluded between the Customer and the Supplier regarding the delivery of goods shall result in particular from these General Terms and Conditions, our written order confirmation and our declaration of acceptance. Conflicting, deviating or supplementary general terms and conditions of the customer are not recognized.

(3) Insofar as the female form is used in the provisions of these GTC, this is merely for linguistic simplification. The provisions shall apply equally to male participants.

§2 Conclusion of contract

(1) The Customer can select products and the desired delivery frequency from the Provider's assortment on the www.her.one page. By clicking on the button provided for this purpose, products are placed in the shopping cart.

(2) At any time before placing an order, the customer has the opportunity to check the product selection and the data provided (e.g. delivery address or payment method) and to change them if necessary. By clicking the "Buy now" button, the customer makes a binding offer to purchase the products in the shopping cart.

(3) The Provider shall confirm receipt of the order to the Customer electronically without delay. The order confirmation does not constitute an acceptance of the offer by the provider, but merely documents the receipt of the order and its content. The contract is concluded only by the acceptance of the provider transmitted by separate e-mail. The ordered goods or the ordered voucher is not intended for resale. Therefore, only orders in household quantities are accepted.

(4) In the declaration of acceptance or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order confirmation, order, tracking number of the goods, invoice, link to GTC) will be sent by us to the customer on a durable medium and in printable form. The customer receives separately to the declaration of acceptance another e-mail when the goods are shipped.

(5) All information provided by the customer in the order process must be current and truthful. The customer password may not be disclosed to third parties and must be kept inaccessible to unauthorized persons. Any loss or disclosure must be reported to the Provider in text form without delay. The customer is liable for misuse, for example when ordering with your customer password by third parties according to the legal provisions.

(6) The contract shall be concluded in the languages: German.

(7) The statutory right of withdrawal shall apply. In this respect, the Provider draws the Customer's attention to the instructions on the statutory right of withdrawal for consumers, which can be found below, after the end of the General Terms and Conditions.

§3 Electronic communication

(1) The Customer agrees that the contract-related communication may take place in electronic form.

(2) Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is functional so that e-mails sent by the Provider can be received at this e-mail address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Provider or by third parties commissioned by the Provider to process the order can be delivered.

(3) Registration with HER ONE via Facebook is only permissible if you use your correct first name and surname on Facebook as well as complete and accurate contact data for the purposes of order processing or communicate this to Her1 in text form immediately after completing the registration.

§4 Availability of goods, delivery, prices, payment methods

(1) The pictorial representations and descriptions used in the web store are non-binding unless they are expressly designated as binding. Minor deviations from the same are harmless for the fulfillment of the contract, unless they are unreasonable.

(2) A purchase contract is only concluded by sending an order. The customer has no right to products that were in the shopping cart before the order was completed. This applies especially to free gifts, which are subject to special conditions to be met. The final list of items will be shown in the order confirmation.

(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also notify the Customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer. The statutory right of withdrawal to which the customer is entitled remains unaffected.

(4) Delivery times are calculated from the time of debiting the payment owed under the contract and require prior payment of the purchase price. The following delivery restrictions apply: The provider delivers only to customers who can provide a delivery address in Germany within the delivery area shown on the website.

(5) The customer can make the payment via PayPal or credit card (Mastercard, Visa).

(6) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar (next order/debit), the customer is already in default by missing the deadline.

(7) The Customer shall only be entitled to offset if counterclaims have been legally established, recognized by the Provider or are undisputed.

(8) Issued (value) vouchers are generally valid for 3 years. This does not apply to other discount codes of any kind.

(9) Collected loyalty points from the loyalty program are not transferable.

(10) Loyalty points are subject to the same general conditions as discount codes. They are not applicable to subscriptions and cannot be combined with other discount promotions, discount codes & sales.

§5 Contract term and termination modalities

(1) In the case of contractual relationships with a fixed term or concerning a fixed number of agreed deliveries, the contract shall end upon expiry of the term or upon dispatch of the agreed deliveries. A separate notice of termination is not required in these cases. An automatic renewal of the contract is excluded.

(2) Subscriber contracts can be terminated as follows: The termination must be declared by appropriate setting in the customer account or, if necessary, by e-mail to [email protected], stating the name and e-mail address . If the cancellation is received by her1 no later than 21 days after the last debit, it shall already affect the next scheduled monthly debit and delivery. If the cancellation is received by her1 later than 21 days after the last debit, it shall only affect the next but one monthly debit and delivery.

For example, if a debit is made on January 1 and notice is received by January 22, the contract is terminated as of January 29 (i.e., no debit is triggered on January 29). If, on the other hand, the notice is received after January 22 and before February 19, the contract is terminated as of February 26 (i.e., no debit is triggered on February 26).

Cancellation before receipt of the first delivery is not possible. The cancellation must be in text form.

(3) Any amounts already paid for services that have been validly terminated shall be refunded. The right to extraordinary termination shall remain unaffected.

(4) If you only want to pause your subscription, please log in to your user account. Here you will find a button "Customize Box". When you click this button, you will be redirected to our contact form, where you can inform us about your wish to pause your subscription.

(5) The subscription has a minimum term, which is noted on the product page. There is no automatic termination. Cancellation requires a corresponding declaration in the customer account or by e-mail.

(6) In the event of early termination within the minimum term, all previous deliveries shall be invoiced as a single delivery and the difference invoiced accordingly.

(7) Returns within the agreed minimum subscription period are excluded. If the second or third delivery is returned, the conditions for early termination shall apply.

§6 Retention of title

(1) Until full payment of the purchase price ordered or delivered products remain the property of the supplier.

§7 Prices and shipping costs

(1) All prices stated on the website of the provider are inclusive of the applicable statutory VAT and, unless otherwise agreed, from an order value of 50€ including shipping costs.

(2) For shipments to non-EU countries, the local customs regulations apply. Customs duties are not included in the HER ONE shipping costs and are to be borne by the customer.

§8 Delivery and non-acceptance

(1) The provider regularly ships the goods after receipt of payment from the customer. The delivery time is 3 to 5 business days within Germany after successful debit.

(2) The Provider shall only deliver to Germany to addresses capable of delivery service within the delivery area specified on the Website. If the purchase contract refers to a voucher, the delivery will be made by e-mail.

(3) The Supplier shall deliver to the delivery address specified by the Customer when placing the order.

(4) The customer undertakes to ensure that the personal delivery of the goods at the delivery address specified by her is possible at the delivery time specified by her. If the shipment is not accepted, not picked up, returned to us due to an address error for which the customer is responsible or after several unsuccessful delivery attempts, the customer shall bear the costs of further delivery attempts if these are requested by the customer. If no further delivery is desired, the costs of the return shipment will be deducted from the customer's refund amount. The cost is 5 euros in Germany and Austria, 10 euros in other EU countries (+ Switzerland & UK) and 20 euros in all non-EU countries.

(5) The Provider shall not be liable for packages delivered as part of a desired location delivery. The agreements concluded between the deliverer and the customer in the course of the deposit contract shall apply.

(6) Orders that have been marked as "Delivered" by the shipping service provider but have not arrived can only be replaced if the customer contacts the Customer Support Team ([email protected]) within 7 days of the delivery date and also completes and returns the follow-up form. The form will be provided by the team.

(7) Operational disruptions - both in the Supplier's business and in that of a subcontractor or service provider - such as e.g. due to strike, lockout as well as all other cases of force majeure shall only entitle the Customer to terminate the contract if the Customer cannot reasonably be expected to wait any longer, otherwise the delivery period shall be extended by the duration of the delay.

§9 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4)The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

(5) The Customer is obliged to carefully read and observe the product, consumption and warning instructions for the delivered products before use. The products from the range of the provider are expressly not medical products or medicines. The provider does not guarantee that the purchased products are suitable for the goals pursued by the customer. In no case do the services offered by her1 represent pregnancy, nutritional or medical advice, or replace such advice. It is the customer's responsibility to coordinate the use of the products available through her1 with a physician before, during and after pregnancy.

(6) In all cases of improper use of the services offered, the customer undertakes to hold the provider harmless. In any case, the provider reserves the right to block user accounts without notice as soon as there is an indication of improper or abusive use. The customer also indemnifies the provider against all claims asserted by third parties against the provider for reasons attributable to the customer.

§10 Warranty for material defects, guarantee

(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions.

(2) Any material defects must be substantiated by appropriate evidence.

(3) An additional warranty exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.

§11 Notes on data processing

(1) The Provider shall collect data from the Customer in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the consent of the customer, the provider will not use data of the customer for purposes of advertising, market or opinion research. All further details are regulated in our data protection agreement, which is permanently available here.

§12 Dispute resolution for consumers

(1) The European Commission maintains a platform for online dispute resolution (OS) with further information, which is available on the Internet at the link (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE).

(2) Notwithstanding the foregoing, the Provider shall not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.

§13 Final provisions

(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.

(3) The Provider reserves the right to change these General Terms and Conditions for objective reasons (e.g. due to changes in the legal situation or the Provider's own offer, technical developments, etc.). This shall apply in particular if new offers of Her1 require new regulations. The amended GTC shall be sent to the customer in advance by e-mail. If the customer does not object to the amended GTC within six weeks, they shall be deemed accepted. In the event of an objection, Her1 may terminate the contract with the customer. Her1 will separately point out these legal consequences in the e-mail with the amended GTC.

Cancellation policy

Cancellation requests received between 23.12. and 01.01. cannot be accepted and/or processed. We ask for your understanding.

You have the right to withdraw from this contract within fourteen days. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the first goods. To exercise the right to cancel, you must inform us (her1 GmbH, Brunnenstraße 196, 10119 Berlin, E-Mail address: [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. You can also complete and submit the model withdrawal form or another clear declaration electronically on our website. Please fill in all the required information in accordance with the attached sample withdrawal form in the contact form. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail). In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

* Money back guarantee

The following conditions apply to the 60-day money-back guarantee:

The money-back guarantee only applies once per customer and per product. Different flavors count as the same product. For sets with several identical products (double/triple), only one product will be refunded.
The warranty applies exclusively to purchases made through www.her.one have been made.
To make use of the warranty, you must contact our Customer Support via e-mail at [email protected]. Warranty requests cannot be processed via any other channel. The team will then explain the next steps and send you a form which must be completed in full.
Contact must be made after 60 days at the latest from delivery of the goods. Any later contact is not permitted under the guarantee.
The refund will be made via the same payment method that was used when the order was placed.
The following products & categories are excluded from the warranty:
1. Accessories (straws, planners, bottles, etc.)
2. Vouchers
3. Subscriptions
4. No Waste Sale / Outlet
5. Fruit gums & sets containing the fruit gums
6. Nutri Juice & sets containing Nutri Juice
Products with a value of over €75 (after deduction of discount codes) will be refunded up to €75. The above conditions for excluded products in points 1 and 6 still apply.

(1) We reserve the right to refuse refunds under the warranty unless all conditions have been met or there are other valid reasons not to do so.

(2) We reserve the right to request the return of all products, whether sealed or opened, in individual cases. The return costs of €5 are to be borne by you if a return label has been created via the HER ONE website.

(3) As soon as we have received the completed form back, your warranty claim will be checked. If everything fits, a refund will be made. Refunds can take up to 7 working days from receipt of the form according to our terms and conditions. If something is not right, we will contact you by email.

(4 ) Used discount codes or vouchers from the original order will not be reissued.

(5) The guarantee applies exclusively to purchases made via www.her.one. Purchases via other stores & websites are excluded from the guarantee.

(6) Shipping costs of any kind will not be refunded under the guarantee.

Consequences of the revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. Please note, however, that we cannot guarantee that the order will be canceled before it is shipped. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. However, we reserve the right to deduct the shipping costs incurred by us for deliveries of goods within Germany in the amount of EUR 5.00, or a correspondingly higher amount outside Germany, from the refund amount or to subsequently charge the customer for such costs and deduct them from the refund amount. Costs for express delivery will not be refunded. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. Completion of the returns form is also mandatory, so we can refuse a refund until the form has been completed online. You must return or hand over the goods to Zenfulfillment / FIEGE, c/o her1 Retoure, Tor 19/20/21, Sülzenbrücker Str. 7, 99192 Apfelstädt, Germany immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You must bear the direct costs of returning the goods. The processing time is 14 working days from receipt of the return. We can provide customers from Germany with a returns label, which can be created in our returns portal. If this returns label is used, we will deduct 5 euros for the return shipment from your refund amount. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality. You are responsible for ensuring that the return shipment reaches us in perfect condition.

In the event of a full return, any free gifts that were sent as part of special promotions must also be returned in full and in perfect condition. In the case of a partial return, the free gifts that were sent for a certain value must also be returned in perfect condition if the return falls below the required purchase value. If the goods have not been returned or are not in perfect condition, we reserve the right to invoice the product and deduct the value of the goods from the refund amount.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to the following contracts:

- Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.

- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Cancellation form

If you want to cancel the contract, please fill out this form and send it back.

her1 GmbH

Brunnenstrasse 196

10119 Berlin

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):

_________________________________________________

Ordered on (*): ____________________________________

Received on (*): ___________________________________

Name of consumer(s): ________________________

Address of the consumer(s):______________________

Signature of the consumer(s) (only in case of notification on paper):

________________________________________________

(*) delete as applicable

End of the cancellation policy

Status: July 2024

General Terms and Conditions (GTC)Updated 3 months ago