1. Scope of Application

 

These General Terms and Conditions (GTC) apply to all deliveries made by Cosmic Labs UG to a consumer. A consumer, in the context of these terms, is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

 

Contracting Party

 

The purchase agreement is concluded with Cosmic Labs UG, which is registered at the following address: Ercüment Türer Markgrafenstr. 62 40545 Düsseldorf Germany

The company is listed in the Commercial Register of the Düsseldorf Local Court under number HRB 108610. The VAT identification number is DE454215167.

 

2. Formation of the Contract

 

The product display in the Cosmic Labs UG online shop does not constitute a legally binding offer, but merely an invitation to place an order (invitatio ad offerendum). By clicking the "Buy/Order with obligation to pay" button, you are placing a binding order for the goods listed on the order page. The purchase contract is concluded as soon as we accept your order through an order confirmation sent to you by email immediately after your order is received. Please note that during the ordering process, you are required to provide an email address that you have access to.

 

3. Prices & Packaging

 

The prices shown in the offer at the time of the order apply. These are final prices and include the value-added tax legally required in Germany. If items are on sale at the time of purchase or a voucher has been redeemed, the corresponding reduced price is included in the final order offer. The packaging becomes the property of the customer upon receipt of the goods.

 

4. Payment

 

We generally offer PayPal and Google Pay as payment methods. We reserve the right, with every order, not to offer certain payment methods and to refer to the alternatives we provide.

 

PayPal

 

You can pay directly via your PayPal account. After submitting your order, you will be redirected to PayPal, where you authorize the order total. Shipping will take place as soon as our PayPal account is informed of your authorization. Your PayPal account will be charged with the actual invoice amount, after any discounts or vouchers, immediately after authorization.

 

Google Pay

 

If you choose the "Google Pay" payment method, provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), payment processing is handled via the Google Pay application on your mobile device (minimum Android 4.4, NFC-enabled) by charging a linked payment card or a verified payment system (e.g., PayPal). A prior verification (facial recognition, password, fingerprint, or pattern) is required to approve a payment over €25. For the purpose of payment processing, the information you provide during the order process, as well as your order information, will be forwarded to Google. Google then transmits your payment information stored in Google Pay in the form of a one-time transaction number that serves to verify the payment. This transaction number does not contain real payment data but is created and transmitted as a unique numerical token. In all transactions via Google Pay, Google acts merely as an intermediary. The transaction is carried out exclusively between the user and the originating website by charging the payment method stored in Google Pay. If personal data is processed in the described transmissions, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) (b) GDPR. Google reserves the right to collect, store, and evaluate certain transaction-specific information for each transaction made via Google Pay. This includes the date, time, transaction amount, merchant location and description, goods/services descriptions provided by the merchant, any added photos, the name and email address of the seller and buyer or sender and recipient, the payment method used, your description of the reason for the transaction, and, if applicable, the offer associated with the transaction. According to Google, this processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of the legitimate interest in proper accounting, verification of transaction data, and the optimization and functional maintenance of the Google Pay service. Google also reserves the right to combine the processed transaction data with other information collected and stored when using other Google services. The Google Pay terms of use can be found at: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de. Further information on data protection with Google Pay can be found at: https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de.

Please note that we only accept payments from accounts within the European Union (EU). You are responsible for any costs incurred from a money transaction.

 

5. Vouchers and Codes

 

Vouchers can only be redeemed for the purchase of items on our website with a specific minimum value. If the voucher credit is not sufficient for the order, the remaining difference can be paid using the available payment options. Vouchers can only be redeemed before the checkout process is completed. A cash payment of the voucher balance is not possible.

 

6. Right of Withdrawal

 

 

Right of Withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving any reason. 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 goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement. The declaration can be made in writing by letter, fax, or email. In this notice, you must provide your name (or the name of the company, if applicable), your address, and, if available, your telephone number, fax number, and email address. You may use the sample withdrawal form provided below this instruction, but you are not obliged to do so. If you exercise your right of withdrawal, we will send you an immediate confirmation of receipt of the withdrawal by email. The withdrawal period is met if you send the notification of the exercise of the right of withdrawal before the expiry of the period.

 

Consequences of Withdrawal

 

If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us). This reimbursement must be made without undue delay and at the latest within fourteen days from the day we received the notification of your withdrawal. For this repayment, we will use the same payment method that you used for the original transaction, unless something different has been agreed upon in writing. In no case will you be charged any fees for this repayment. We reserve the right to refuse the repayment until we have received the goods back or you have provided proof that you have sent the goods back.

You are obligated to return or hand over the goods to us or a person authorized by us to receive them without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You must bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the condition, properties, and functionality of the goods. This right of withdrawal does not apply to the separate delivery of goods.

 

7. Voluntary Right of Return

 

In addition to the statutory right of withdrawal described above, we grant you a voluntary right of return for a total of 30 days from the receipt of the goods. You can also withdraw from the contract after the 14-day withdrawal period has expired by returning the goods to us within 30 days of their receipt. The prerequisite for this is that the goods are complete and in their original packaging, unused and undamaged, and are not goods that are excluded from return in accordance with § 312g of the German Civil Code (BGB). The return of the goods must be addressed to Cosmic Labs UG. This voluntary right of return does not affect your statutory rights and claims, in particular your statutory right of withdrawal and your statutory warranty rights, and remains fully available to you.

 

8. Delivery and Delivery Time

 

Deliveries are also possible abroad. Items are sold only in standard household quantities and exclusively to end consumers.

 

9. Shipping Costs

 

At Cosmic Labs UG, shipping costs for the delivery of goods range from €5.00 to €10.00 EUR. Shipping is free for orders with a value of €75.00 EUR or more.

 

10. Warranty

 

If delivered items show obvious material or manufacturing defects, including transport damage, we kindly ask you to report these defects to us or the transport service provider's employee without delay. Failure to make this immediate complaint does not affect your legal rights. For all defects of the purchased item that occur within the statutory warranty period, you have the choice of legal claims for subsequent performance, defect rectification/new delivery, and—if the legal requirements are met—further claims for a reduction in price or withdrawal from the contract, as well as for compensation for damages, including compensation for damages in lieu of performance and compensation for your futile expenses. The warranty period for new goods is two years. This does not apply to goods that fall under § 312g (2) of the German Civil Code (BGB).

 

11. Retention of Title

 

The delivered goods remain the property of Cosmic Labs UG until full payment has been received.

 

12. Liability

 

We are liable without limitation for intent and gross negligence, as well as under the provisions of the Product Liability Act. In cases of slight negligence, our liability is generally limited to injuries to a person's life, body, and health. If slight negligence does not result in such injuries, we are only liable for the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on which the contracting party can reasonably rely. Liability for the breach of a material contractual obligation is limited to the typical, foreseeable damage that we would have had to expect at the time the contract was concluded based on the circumstances known at that time. The above limitation of liability also applies in favor of our vicarious agents.