Section 1 – Provider
(1) The provider and contracting party for the content presented on the website is cosmetri, Bülowstraße 66, 10783 Berlin, phone +49 (0)30 2241 0567, e-mail firstname.lastname@example.org (hereinafter referred to as “cosmetri”).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the provider and the respective customer. cosmetri objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
(3) Products and services offered by cosmetri are aimed at commercial customers according to § 14 BGB (German Civil Code) only. cosmetri does not enter into any contracts with consumers. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(4) Any contractual offer, conclusion of a contract and its fulfilment will be handled in English language.
Section 2 – Service
(1) cosmetri internet-based software as a service (SaaS) for cosmetics businesses. The software runs on a server operated by the provider and can be accessed by the customer over the internet using a web browser. system requirements, please refer to https://www.cosmetri.com/system-requirements/ cosmetri does not provide downloadable software.
(2) The service includes features to support and optimize workflows and compliance in cosmetics and personal care businesses, including, but not limited to, manufacturing, inventory management, PI files (PIFs), batch protocols, and packaging information, quality assurance. For details, please refer to the features overview at https://www.cosmetri.com/features/
(3) The cosmetri service is not intended to replace the services offered by a certified safety assessor, cosmetic formulator or specialised laboratory service, or to evaluate the compliance of cosmetic products with the Cosmetics Regulation (EC) 1223/2009 or any other legal regulations or directives outside of the EU. It is the customer's responsibility to input accurate data. cosmetri does not check the data input by the customer for errors or inconsistencies.
(4) cosmetri uses the CosIng cosmetic regulatory and directive ingredient data provided by the European Commission, as accessible at http://ec.europa.eu/growth/tools-databases/cosing/ cosmetri cannot and does not check this third-party data for accuracy.
(5) The cosmetri service is not intended for use in medical or healthcare contexts.
(6) cosmetri may introduce changes in functionality, layout and user experience at any time as long as the functionality agreed upon initially remains generally available.
(7) cosmetri provides a service availability of 98% per month.
Section 3 – Conclusion of contract
(1) For the conclusion of the contract, the customer completes the “Sign up” form on cosmetri's website and chooses a service plan, or upgrades to a paid service plan while logged in to the cosmetri trial version. The order will be conclusively placed with cosmetri by clicking on the button “Submit Payment”. Until the order is transmitted to cosmetri, the customer has the opportunity to review, at any time, the data inputted when placing the order, to modify this or to completely discontinue the order.
(2) cosmetri will save the content of the contract concluded on its EDP system and will transmit a copy to the customer's e-mail address (contract confirmation). cosmetri recommends printing or saving this contract confirmation for later reference.
Section 4 – Payment, failure to pay
(1) Payments can be made by credit card only. cosmetri accepts VISA, MasterCard and American Express. Credit Card payments will be processed by Stripe Inc., 3180 18th St., San Francisco, CA 94110, USA, on behalf of cosmetri. cosmetri itself will neither collect nor process customers' credit card details.
(2) Payment, according to the chosen service plan, is due immediately with the beginning of the term of contract and again with each contract extension.
(3) If the customer is in default with his payment, cosmetri can refuse performance and block the customer from logging in until payment is made. If the the customer is in default more than four weeks, cosmetri can terminate the contract with immediate effect.
Section 5 – Duration and termination
(1) Any service provided by cosmetri is limited to the term of contract chosen by the customer. cosmetri offers various initial contract periods – e.g. one month, three months or one year.
(2) The contract will automatically be extended by the initial contract period as long as neither of the two contract parties terminates the contract.
(3) For a termination by the customer, the notice period is one calendar day, with termination effective to the end of the current contract period. For a termination by cosmetri, the notice period is six weeks. For both parties, the right to immediate termination for good cause remains unaffected.
(4) To terminate a contract, the customer must login to their cosmetri account using their main admin account credentials, by selecting ‘Billing’ from the user menu and then checking the checkbox under ‘Cancel Subscription’.
Section 6 – Customer's data
(1) Although cosmetri processes data provided by the customer in its EDP, any intellectual property regarding customer data – e.g. formulations – will remain with the customer. cosmetri keeps all data confidential and will not share it with a third party.
(2) In the “Enterprise” plan, the customer may choose to store their data on their own database and file server. If they do so, it is the customer's responsibility to regularly back up their server and database to prevent possible loss of data.
(3) cosmetri shall delete all data provided by the customer with the termination of the service contract. It is the customer's responsibility to download, export and/or print all data necessary before the contract period ends.
Section 7 – Warranty
(1) For customers with their data hosted on the cosmetri server, backups are made once every 24 hours. In the case of loss of data or damaged data, cosmetri will restore the customers’ data using the latest backup. In case of minor negligence, further claims based on the loss of data or damaged data are excluded. cosmetri does not provide a free restoration service for inadvertent loss of data caused by the customer, though this may be agreed as a paid service.
(2) cosmetri offers a trial version of its services free of charge. This trial version is intended for testing with sample data only. cosmetri does not back up any data and cannot be held liable for any loss or damage of data inputted while using the trial version.
(3) In all other regards, warranty claims shall be governed by the statutory regulations.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on the International Sale of Goods (UNCISG) and excluding the provisions of the law on conflict of laws under international private law.
(2) Where the customer is a merchant according to § 1 HGB (German Commercial Code), an entity under public law or special assets (Sondervermögen) under public law, the parties agree that cosmetri's seat – Bülowstr. 66, 10783 Berlin, Germany – shall be the place of jurisdiction.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.