The small print

Terms & Conditions

Last updated: August 2026 · Draft for legal review

1 · Who you are dealing with

These terms apply to every order placed with Company name, Street and number, Postcode and city (“we”, “us”). Our contact details are in the imprint.

They apply to consumers and to business customers. A consumer is any natural person entering into a contract for purposes outside their trade, business or profession.

2 · How a contract comes about

At present ONETHIRD is not sold through a checkout. The buttons on our site open an email to us. That email is not an order in the legal sense — it is an enquiry.

A contract is formed only when we confirm your pre-order in writing, stating the product, the price, the payment method and the expected shipping date. Until then nothing is owed by either side, and you can withdraw your enquiry at any time without cost.

Open point for review. As soon as a real checkout goes live, this section has to be rewritten: order button labelling, obligation to pay, order confirmation, and the storage of the contract text all change. When does the shop go live? Which platform?

3 · Prices and shipping costs

All prices are total prices and include German VAT at the applicable rate. Shipping costs are shown separately before the contract is concluded and are listed on our shipping page.

The founding price of €54 instead of €69 applies to the founding batch. Is the founding price limited in time, in quantity, or both? The wording must match reality — see the note on the counter in our handover list

4 · Payment

Which payment methods? Invoice, card, PayPal, SEPA? When is payment due — before or after shipping?

5 · Delivery

We ship to the countries listed on the shipping page. Delivery of the founding batch is expected in Exact month, e.g. September 2026. If we cannot meet that date, we will tell you without delay and you may withdraw from the contract and have any payment refunded in full.

6 · Right of withdrawal for consumers

If you are a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The period begins on the day you, or a third party named by you, take possession of the goods.

To withdraw, it is enough to tell us clearly — by email to night@onethird.co or by post to the address in the imprint. You may use the model withdrawal form, but you do not have to.

If you withdraw, we will refund all payments received from you, including standard delivery costs, without undue delay and no later than 14 days after we receive your notice.

You never have to send the pouch back. We waive the return. Keep it, throw it away, give it to someone who sleeps worse than you — the refund does not depend on it. That applies to the statutory withdrawal above as much as to our 60-night promise below.

Loss of value: you are liable for any loss in value only if it results from handling the goods beyond what is necessary to establish their nature and properties. Opening a sealed food supplement generally goes beyond that.

Open point for review. Food supplements can fall under the exception in § 312g (2) no. 2 or no. 3 BGB (sealed goods, hygiene). Whether the right of withdrawal lapses once the pouch is opened must be assessed and stated precisely. Our 60-night promise in section 7 is separate from this and more generous. Lawyer to decide and phrase

7 · Our 60-night promise

Beyond the statutory right of withdrawal we give you a voluntary guarantee: if ONETHIRD does not work for you, tell us within 60 nights of delivery and we will refund the purchase price.

No return, no questions, no form. An opened, half-used pouch is fine — you can hardly judge whether something works for you without trying it. One email is enough. Two details to settle: does the promise apply once per customer, and do you want to ask for an order number or is the email address enough?

This promise is given voluntarily and does not limit your statutory rights.

8 · Statutory rights on defects

Your statutory rights on defective goods apply unchanged (§§ 434 ff. BGB). For consumers the limitation period is two years from delivery; for perishable goods it ends with the best-before date.

9 · The product

ONETHIRD is a food supplement, not a medicinal product. It does not treat, cure or prevent any disease. It is not a substitute for a varied and balanced diet or a healthy lifestyle. Keep out of the reach of small children. Do not exceed the stated daily dose.

Any groups to exclude — pregnancy, breastfeeding, under 18, medication interactions? A doctor or nutrition specialist should sign this off

10 · Liability

We are liable without limitation for intent and gross negligence, and for damage to life, body or health. For slight negligence we are liable only for breach of a material contractual obligation, and only up to the foreseeable damage typical for this kind of contract. Liability under the Product Liability Act is unaffected.

11 · Dispute resolution

We do not take part in dispute resolution proceedings before a consumer arbitration board. We are not obliged to, and we think we can do better: our 60-night promise settles the matter without a procedure, a fee or a waiting period. Write to night@onethird.co and you get your money back.

Lawyer to confirm whether a reference to the EU ODR platform is still required — it appears to have been shut down in mid-2025.

12 · Applicable law

German law applies. If you are a consumer resident in the EU, this does not deprive you of the protection of mandatory consumer law in your country of residence.

Draft, not legal advice. This text was written as a working draft for a lawyer to review. Every red field marks information only the company can supply. Nothing on this page should go live before that review.