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Terms of service

 

General Terms and Conditions (GTC)

(The following GTC also contain statutory information on your rights under the rules on distance contracts and electronic commerce.)

Our email address is: kundenservice@superfood.de

§ 1 Scope of the GTC and Provider

  1. These General Terms and Conditions (“GTC”) apply to every purchase contract concluded via the Superfood.de web shop between consumers within the meaning of Section 13 German Civil Code (BGB) and entrepreneurs/business customers within the meaning of Section 14 BGB, and Superfood.de, Proprietor: Martin Gayer, Auf dem Brühl 1, 72658 Bempflingen, Germany, Contact: kundenservice@superfood.de, Tel.: +49 1575 2348728 (hereinafter “Superfood.de”), as the provider, for the products displayed in the web shop.

  2. Superfood.de renders all services and deliveries exclusively on the basis of these GTC in their respective current version. Any deviations require express written confirmation to be valid.

§ 2 Subject Matter of the Contract

The subject matter of the contract is the product bindingly ordered by the customer with the characteristics and dimensions stated in the product description. Images in the web shop serve general product information in purely illustrative form and make no claim to completeness or accuracy.

§ 3 Offers / Product Presentation / Conclusion of Contract

  1. The presentation of products in the online catalogue of the web shop does not constitute a legally binding offer, but an invitation for the customer to submit a purchase offer.

  2. When placing an order in the web shop, the customer makes a binding offer to Superfood.de to purchase the contents of the shopping cart and, by clicking the “Buy” button, accepts these GTC as part of the contract. Superfood.de is not obliged to accept the contract. Superfood.de may accept the order by sending a separate order confirmation by email within five (5) business days at the latest (Mon–Fri, excluding public holidays in Baden-Württemberg and excluding 24 and 31 December). The contract between Superfood.de and the customer is concluded upon receipt of the order-confirmation email by the customer. Acknowledgement of receipt of the order by Superfood.de is provided by an electronic notice, which does not yet constitute acceptance of the order and therefore does not conclude the purchase contract.

§ 4 Customer’s Duty to Provide Information

  1. The customer must provide personal information truthfully. If their data change during the term/performance of the contract, they are obliged to notify Superfood.de of such changes without undue delay. If they fail to do so or provide false data from the outset, Superfood.de is entitled to withdraw from the contract free of charge. Costs arising from misdirection of goods due to incomplete or incorrect addressing may be charged to the customer.

  2. As Superfood.de’s contracting party, the customer must ensure that the email account, fax line or telephone number they have provided is reachable. It must be ensured that receipt of emails is not prevented by forwarding, deactivation or an overfilled mailbox.

§ 5 Right of Withdrawal for Consumers

  1. Consumers have a 14-day right of withdrawal for orders in the web shop in accordance with the following provisions:

Cancellation Policy (Right of Withdrawal)

Right of Withdrawal
You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.

The withdrawal period will expire after 14 (fourteen) days from the day on which

  • you, or a third party other than the carrier and indicated by you, acquire physical possession of the goods, if you ordered one good or several goods under a single order and the goods are delivered together;

  • you, or a third party other than the carrier and indicated by you, acquire physical possession of the last good, if you ordered several goods under a single order and the goods are delivered separately;

  • you, or a third party other than the carrier and indicated by you, acquire physical possession of the last partial shipment or the last piece, if you concluded a contract for the delivery of goods in multiple consignments or pieces.

To exercise your right of withdrawal, you must inform us (Superfood.de, Auf dem Brühl 1, 72658 Bempflingen, Germany; Email: kundenservice@superfood.de; Tel.: +49 1575 2348728) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for 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 (fourteen) days from the day on which we receive notice of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 (fourteen) days from the day on which you communicate your withdrawal from this contract to us. Returns must be sent exclusively to: Superfood.de, Auf dem Brühl 1, 72658 Bempflingen, Germany. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct cost of returning the goods. If, due to their nature, the goods cannot normally be returned by post, we will collect the goods at our expense.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the Cancellation Policy

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To
Superfood.de
Auf dem Brühl 1
72658 Bempflingen
Tel.: +49 1575 2348728
Email: kundenservice@superfood.de

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*):

Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

(*) Delete as appropriate.

  1. Unless otherwise agreed by the parties, the right of withdrawal does not apply to contracts for the supply of: goods that are not prefabricated and for which an individual selection or decision by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs; goods which are liable to deteriorate rapidly or expire quickly; sealed goods which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery; goods which, after delivery, are inseparably mixed with other items due to their nature; alcoholic beverages whose price was agreed at the time of the conclusion of the contract, which can only be delivered after 30 days and whose current value depends on market fluctuations beyond the trader’s control; audio or video recordings or computer software in a sealed package, if the seal was removed after delivery; newspapers, periodicals or magazines, with the exception of subscription contracts.

  2. In the event of returns, customers are requested—where reasonably possible—to send the goods back in the original packaging with all accessories and packaging components to Superfood.de. Protective outer packaging should be used. If the original packaging is no longer available, the customer should use suitable packaging to ensure adequate protection against transport damage.

  3. Goods should be returned as a prepaid parcel, and the posting receipt should be retained.

  4. Customers are advised that the modalities referred to in the two preceding paragraphs 3 and 4 are not a precondition for the effective exercise of the right of withdrawal. The use of the model withdrawal form is likewise not a precondition for the effective exercise of the right of withdrawal.

§ 6 Prices

The prices indicated in the Superfood.de web shop are final prices in euros and include the statutory VAT applicable in each case (shown separately for each item), plus shipping costs. Packaging is included in the price. The prices displayed at the time of the order apply.

§ 7 Terms of Payment

  1. The purchase price owed to Superfood.de is due immediately and payable without deduction.

  2. Payment for the goods shall be made according to the payment methods offered in the web shop. Payment by sending cash or cheques is not possible. Superfood.de accepts no liability for loss in such cases.

§ 9 Delivery Terms

  1. Shipment is preferably carried out by DHL and GLS.

  2. In the event of delivery delays, Superfood.de will inform the customer without undue delay by telephone or email, provided that Superfood.de has been given a correct email address by the customer. Where reasonable for the customer, Superfood.de may make partial deliveries. No additional postage or packaging costs will arise for the customer as a result.

  3. Should items be permanently or temporarily unavailable, Superfood.de will likewise inform the customer without undue delay. In such a case, Superfood.de is entitled to withdraw from the contract. If the purchase price has already been paid, Superfood.de will, of course, refund it without delay and compensate any damage where required by law.

  4. If Superfood.de incurs additional shipping costs due to an incorrect delivery address or addressee, these costs shall be borne by the customer.

§ 10 Shipping Costs

The shipping costs can be found on the page “Delivery and Shipping Costs.”

§ 11 Retention of Title

Until payment of the purchase price has been made in full, the goods remain the property of Superfood.de. Before title passes, pledging, transfer by way of security, processing or transformation is not permitted without the consent of Superfood.de.

§ 12 Warranty / Remedy of Defects

Superfood.de provides remedy of defects in accordance with the following provisions:

  1. In transactions with consumers, Superfood.de fulfils its obligations to remedy defects on the basis of the statutory provisions.

  2. If the customer placed the order as a merchant, they are obliged to inspect the goods without undue delay upon receipt with the care reasonably required under the circumstances and to notify Superfood.de in writing without undue delay of any defects discovered. Defects that are not initially detectable must also be notified to Superfood.de without undue delay upon discovery, in compliance with the notification requirements in sentence 1. If the customer fails to comply with these obligations, the goods shall be deemed approved with respect to the defect in question, with the result that the assertion of claims for defects is excluded. This does not apply in cases of fraudulent concealment.

  3. In the context of subsequent performance owed, Superfood.de has the right to choose—with respect to entrepreneurs/business customers—whether to effect subsequent performance by rectification or replacement delivery. If subsequent performance fails, the customer may—subject to the statutory requirements—withdraw from the contract or reduce the agreed price and, where applicable, claim damages.

§ 13 Liability

  1. Regardless of the legal basis (e.g., breach of duty, tort) and subject to § 12, Superfood.de shall be liable for damages or reimbursement of futile expenses as follows:

  • in cases of intent or gross negligence, in the absence of an assumed guarantee, and in cases of fraud, without limitation;

  • in cases of simple negligence, where a duty has been breached the observance of which is of essential importance for achieving the purpose of the contract (cardinal duty). In such cases, liability is limited, for each individual case of damage, to the foreseeable damage typical of the contract at the time of conclusion. Otherwise, liability for other damage caused by simple negligence and liability towards entrepreneurs/business customers for lost profits, additional personnel expenses on the customer’s side, loss of use and/or loss of turnover is excluded. The provision in § 11(2) remains unaffected.

  1. Liability for the absence of an assumed guarantee, for fraud, and for injury to life, body or health shall be governed by the statutory provisions.

  2. The customer, where a merchant, is obliged—where possible—to notify Superfood.de in writing without undue delay of any damage within the meaning of the above liability provisions, or to have such damage recorded by Superfood.de, so that Superfood.de is informed as early as possible and, if applicable, can cooperate with the customer concerned in mitigating the damage.

  3. Before using the products, the instructions for use should be read. Products may be incompatible with medicinal products being taken or applied. The products of Superfood.de are not medicinal products and do not serve as a substitute for them. Products may, in individual cases, cause allergic reactions. In case of doubt, seek medical advice. Use of the products is at the user’s own risk. No liability is assumed for damage caused by misuse of the products.

§ 14 Limitation Periods

  1. For customers who are consumers, the limitation period for claims to remedy defects relating to new goods and for any claims for damages is two years from delivery of the goods.

  2. If the customer is an entrepreneur within the meaning of Section 14 BGB, the limitation period for new goods is one year from delivery. For used goods, remedy of defects is excluded subject to the restrictions set out in § 13 of these GTC. In cases of intent and gross negligence, the statutory limitation periods apply.

§ 15 Set-off / Right of Retention

  1. The customer shall have a right of set-off only if their counterclaims have been finally adjudicated, are undisputed, or have been acknowledged in writing by Superfood.de.

  2. The customer may exercise a right of retention only to the extent that the counterclaim on which the right of retention is based is undisputed, finally adjudicated or ripe for decision, and arises from the same contractual relationship.

§ 16 Applicable Law / Place of Jurisdiction

  1. These GTC and purchase contracts concluded on their basis between Superfood.de and the customer are subject to the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the legal system of the state in which the customer has their habitual residence remain unaffected.

  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, or relocates their residence abroad after conclusion of the contract, or if their residence is unknown at the time legal action is brought, the place of jurisdiction for all contracts concluded incorporating these GTC shall be the court having jurisdiction over the seller’s place of business in Bempflingen (Germany).

§ 17 Written Form / Final Provisions

  1. All agreements that involve an amendment, supplement or specification of these GTC, as well as special assurances and arrangements, must be set out in writing.

  2. Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this respect, the content of the contract and the GTC shall be governed by the statutory provisions.

Customer Information

Information on the Availability of the Contract Terms
Superfood.de stores the contract text and sends you the order data and the Superfood.de GTC by email. The GTC can be accessed at any time here. Past orders can be viewed in the customer login area.