Terms and Conditions

1. Scope

2. Conclusion of contract

3. Right of withdrawal

4. Prices and payment terms

5. Delivery and shipping conditions

6. Retention of title

7. Liability for defects

8. Redemption of promotional vouchers

9. Applicable Law

10. Place of jurisdiction

11. Information on online dispute resolution

1. SCOPE

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Nutriluv Health GmbH" (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller relating to all goods and services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These Terms and Conditions apply to the purchase of vouchers, unless expressly stated otherwise.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2. CONCLUSION OF CONTRACT

2.1 The product presentations contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

– by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending his order together with these general terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.5 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. Before submitting the binding order, the customer can continuously correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.8 When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is permitted to receive the goods.

3. RIGHT OF WITHDRAWAL

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4. PRICES AND PAYMENT CONDITIONS

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 Various payment options are available to the Customer, which are specified in the Seller’s online shop.

4.4 If you select the payment method “PayPal”, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.

5. DELIVERY AND SHIPPING CONDITIONS

5.1 Goods are usually delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided by the seller during the purchase process is decisive. In deviation from this, if the PayPal payment method is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the customer as follows:

by email

via download

By post

6. RESERVATION OF TITLE

If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.

7. LIABILITY FOR DEFECTS

7.1 If the purchased item is defective, the statutory liability for defects applies.

7.2 The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.

8. REDEMPTION OF PROMOTIONAL VOUCHERS

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

8.2 Promotional vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

8.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference

8.8 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.10 The promotional voucher is only intended for use by the person named on it. Transferring the promotional voucher to third parties is not permitted. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9. APPLICABLE LAW

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

10. JURISDICTION

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.

11. INFORMATION ON ONLINE DISPUTE RESOLUTION

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr . This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.