GTC

General Terms and Conditions

Webshop and distance selling GTC

Contractual conditions within the framework of purchase contracts which are concluded via the platform

between

supernutural GmbH, Westermühlstraße 30 in 80469 Munich, registered in the commercial register of the Munich Local Court under HRB 262308, represented by Amelie Sperber, Timo Sperber and Tobias Brix, VAT identification no.: DE 318188275

- hereinafter referred to as "Provider" -

and

the customers specified in § 2 of the contract

- hereinafter referred to as "Customer" -

be closed.

§ 1 Scope of application, definitions

1. The business relationship between supernutural GmbH (hereinafter referred to as the "Supplier") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognized unless the supplier expressly agrees to their validity in writing.
2. The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract

1. The customer can select products from the provider's range (machine for making nut cream, nuts and chocolate) and collect them in a so-called shopping cart using the "Add to cart" button. By clicking the button "order with obligation to pay", the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and thereby included them in their application.
2. The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text is sent to the customer by us (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
3. The contract is concluded in German.

§ 3 Delivery, availability of goods

1. Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it is approx. 4-6 weeks.
2. If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
3. If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
4. It is generally possible to collect the goods from supernutural GmbH, Westermühlstraße 30, 80469 Munich, Germany during the following business hours: Mon-Fri: 9:00 am to 5:00 pm.
5. Delivery to a packing station is not possible.

§ 4 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§ 5 Prices and shipping costs

1. All prices stated on the provider's website include the applicable statutory value added tax.
2. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of withdrawal.  
3. The goods are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
4. In the event of revocation, the customer shall bear the direct costs of the return shipment.

§ 6 Payment modalities

1. The customer can make the payment by:
   • Credit card: Your card will be charged immediately after placing the order.
   • PayPal/PayPal Express: In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.
   • Apple Pay; or
   • Invoice.
2. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
3. The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.

§ 7 Proper use, warranty for material defects, guarantee, transport damage

1. The customer is responsible for the proper use of the machine to produce the nut cream. Only the cartridges with nut/chocolate mixtures provided by the supplier may be used for the proper use of the machine. The customer may not use any other cartridges with nut/chocolate mixtures for the machine, as otherwise the quality of the nut cream and the functionality of the machine cannot be guaranteed. The reason for this is that the nut/chocolate mixture must have a certain degree of ripeness and moisture in order for the nut cream to be successful. In addition, the supplier's nut/chocolate mixes are matched to the grinder of the machine; a different mix with a different nut size can block and damage the grinder of the machine. The nutritional value tables for the nut cream also only refer to the nut/chocolate mixes provided by the supplier. Furthermore, any refilling of the provider's cartridges with a nut/chocolate mix that does not originate from the provider constitutes a copyright and trademark infringement by the provider and is therefore prohibited.
2. The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434ff. BGB (GERMAN CIVIL CODE). The supplier shall not assume any warranty for defects caused by improper use of the machine, in particular by the use of cartridges with nut/chocolate mixes that are not provided by the supplier or by the use of cartridges that do not originate from the supplier.
3. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months. This does not affect special statutory provisions on the limitation period (in particular §§ 438 Para. 1 No. 3, 438 Para. 3, 444, 445b BGB). Claims for damages by the customer arising from culpable injury to life, limb or health, from intentional or grossly negligent breaches of duty by the provider as well as claims for damages under mandatory law shall lapse exclusively in accordance with the statutory limitation periods.
4. An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
5. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store. Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 9:00 a.m. to 5:00 p.m. by calling +49 (0)89-2020 84740 or by e-mail at hey@supernutural.com
6. If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

§ 8 Liability

1. Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of material contractual obligations, the provider shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
4. The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation policy

1. Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Cancellation policy Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took 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 (a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.Consequences of withdrawalIf you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of 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 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.you must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired and you bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. The right of withdrawal does not apply to the following contracts: Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

1. The provider provides the following information about the model withdrawal form in accordance with the statutory provisions:

Sample revocation form(If you wish to revoke the contract, please fill out this form and send it back.)To supernutural GmbH, Westermühlstraße 30, D-80469 Munich - hey@supernutural.comHiermit I/we [●] revoke the contract concluded by me/us [●] for the purchase of the following goods: [●]Ordered on [●]/received on [●]Name of the consumer(s): [●]Address of the consumer(s): [●]Signature of the consumer(s) (only for notification on paper) Date: [●]

§ 10 Force majeure

In the event that we are unable to provide the service owed due to force majeure (in particular natural disasters), we shall be released from the obligation to perform for the duration of the impediment. If we are unable to execute the order or deliver the goods for longer than one month due to force majeure, you are entitled to withdraw from the contract.

§ 11 Reviews

1. By submitting your review through the Provider's website or through the services and applications of others, you grant the Provider (a) the non-exclusive, royalty-free, perpetual, transferable, irrevocable right, licensable to third parties, to use, reproduce, publish, publicly distribute and translate such content worldwide in any media now known or hereafter developed; and (b) the right to use the name/trade name you submit in connection with such content. You acknowledge that the Provider may use your Content for promotional purposes using the name you used for the review or anonymized. You acknowledge and agree that your content is non-confidential and non-proprietary. You confirm that you are the owner of your content.
2. You expressly agree not to upload, transmit, post, distribute, store, create or otherwise publish any of the following content by you on the Provider's website or through the services and applications of others:
   • Content that is false, illegal, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd or suggestive, discriminatory (or advocates discrimination against another person), threatening, invasive of privacy or publicity rights, or offensive, inflammatory, fraudulent or otherwise objectionable;
   • Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical violence against any group or person;
   • Content that constitutes a communicative assault on children/young people, impairing children/young people in their personal integrity;
   • Content that may infringe any patent, trademark, copyright, proprietary right, trade secret or other intellectual property right of any party;
   • Content that constitutes mass mailings, chain letters or any form of "spam";
   • Content in and through which you impersonate another person or entity or otherwise misrepresent other content;
   • Viruses, corrupted data or other disruptive and destructive files;
   • Content that provides instructions for unlawful activities such as manufacturing or purchasing prohibited weapons, violating the privacy of others, or providing or creating computer viruses;
   • Content that represents political campaigns or otherwise contains advertising.

We reserve the right to remove content without notice if we believe in good faith that it violates this agreement in order to protect the rights of the provider and/or all users of our websites. If you do not agree to the removal of your content, you can contact us and raise your objections. You are entitled to subsequently change or delete your content in compliance with this agreement.

§ 13 Final provisions

1. The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
3. The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.