Terms of Service
1. Scope of application
1.1 These General Terms and Conditions of Sale (hereinafter: T&C) apply to all contracts concluded via our online shop www.yoursuper.eu between ourselves, the
Your Superfoods GmbH,
Grünberger Straße 44a,
Managing Director Michael Küch
Local Court Charlottenburg (Amtsgericht Berlin-Charlottenburg), HRB 175643
Phone number: +49 (0)30 3982023-00
and you as our customer. The offers on our website www.yoursuper.eu are aimed exclusively at consumers, which means that you conclude purchases for purposes that can be attributed neither to a commercial nor a self-employed professional activity.
1.2 The content of all agreements made between you and us in connection with the purchase contract are governed by these T&C and our written order confirmation.
1.3 The version of the T&C valid at the time of the conclusion of the contract is authoritative.
1.4 We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
2. Conclusion of contract, subscription
2.1 The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
2.2 We deliver to all member countries of the European Union, the United Kingdom and Switzerland. If you live outside these areas, please contact email@example.com. We will then try to connect you with a reseller.
2.3 By clicking the button "Buy" you place a binding order for the items in the shopping cart. We will confirm receipt of the order immediately by e-mail.
2.4 A contract is only concluded if we accept your order by an order confirmation or by the delivery of the ordered articles.
2.6 All our products can also be purchased by subscription with a 15% discount on each delivery. The products are then delivered free of shipping costs every 30, 60 or 90 days. There is no minimum contract period and the subscription can be cancelled at any time. The delivery dates can be flexibly adjusted by you at any time, monthly deliveries can be suspended or skipped.
2.7 If the delivery of the ordered goods is not possible, for example, because the corresponding goods are not in stock, we refrain from an order confirmation. In this case, a contract is not concluded. We will inform you of this immediately and refund any payments already received without delay.
2.8 The contract language is English.
3. Legal right of revocation
3.1 If you are a consumer, you have a right of revocation in accordance with the following statutory provisions.
Information regarding the right of revocation
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of revocation, you must inform us, Your Superfoods GmbH, Grünberger Straße 44a, 10245 Berlin, e-mail: firstname.lastname@example.org, by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received information of your revocation 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 any fees because of this repayment. We can refuse the 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 case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall 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 testing the quality, characteristics and functioning of the goods.
(If you want to revoke the contract, please fill out this form and send it back)
To Your Superfoods GmbH, Grünberger Straße 44a, 10245 Berlin, E-Mail: email@example.com I/we (*) hereby 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 in the case of notification on paper)
(*) Delete where inapplicable
- End of information regarding the right of revocation
3.2 The right of withdrawal does not apply to distance 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.
4. Voluntary return policy up to 30 days after receipt of goods, 30-day money back guarantee and loyalty programs
4.1 Without prejudice to your statutory right of revocation, we offer you the option of returning the delivered products within 30 days of you receiving them. With this right of return, you can also withdraw from the contract after expiry of the 14-day cancellation period (see cancellation policy in § 3) by returning the goods to us within 30 days of receipt.
4.2 Although we are not legally obliged to do so, we also grant this voluntary right of return if you have opened our mixes, i.e. removed the seal after delivery.
4.3 We also offer a 30 day money back guarantee in case you don't like our products. To make a refund within the 30 day money back guarantee period as easy as possible, we have three options for you:
1. Donate: As a company, we work hard to make our superfoods and healthy food as simple as possible and also within everyone's reach. We would love for you to drop off the mixes to a food bank (in Germany: “Die Tafel” www.tafel.de) as a food donation. After you donate it, email firstname.lastname@example.org and we will refund to you the purchase amount as well as the shipping cost you paid. It is easy! Find locations near you here.
2. Give away as a present: We would be happy if you give the mix to one of your friends or relatives. Just send us an email to email@example.com and we will refund you the amount including shipping costs.
3. Return: And of course you can also send the mixes back to us. Simply pack them together with the order number and send them back to us within 30 days:
Your Superfoods GmbH
Grünberger Str. 44a
Hinterhof, 3. OG
Following the return (no. 3), please send us a photo of your shipping confirmation by email to firstname.lastname@example.org so that we can initiate a refund. Please note that we do not cover shipping costs according to our T&C.
4.4 Our voluntary right of return does not limit your statutory warranty rights.
4.5 If you register with our bonus program, you will receive credit points for every purchase. When you have collected enough credit points for the desired reward, you can redeem them online in the customer area.
4.6 If you participate as a customer in our "Recommend us to a friend" - program, you will receive a voucher worth 10 EUR for each newly recruited customer. You can redeem this within three months in our online shop.
4.7 Each customer is responsible for ensuring that all personal information is accurate and up to date. We reserve the right to block redemptions if a customer's information is incorrect or incomplete.
5. Terms of delivery
5.1 We are entitled to partial deliveries, as far as this is reasonable for you.
5.2 All orders will be dispatched on the same day if ordered and confirmed before 12:00 Central European Time (exception in the UK: 12:00 GMT). Orders for the UK will be shipped from our UK warehouse. All other EU orders are shipped from our German warehouse. Our estimated delivery times can be found at the following link: https://www.yoursuper.eu/pages/shipping
5.3 All orders can be tracked by you from dispatch to delivery. Shipments with delivery addresses outside Germany are forwarded to local courier companies and can usually be tracked via a local courier link.
5.4 We will deliver to you if you have your usual place of residence in one of the following countries and provide a delivery address in the same country: Germany, all member states of the European Union, Switzerland and Great Britain.
6. Prices and shipping costs
6.1 All prices listed in our online shop are gross prices including the statutory value added tax (VAT) and do not include shipping costs.
6.2 Shipping costs are listed separately in our online store. The shipping costs are calculated according to the weight of your products and the location of your place of residence. The price including VAT and applicable shipping costs is also displayed in the order mask before you send the order. You can find an overview of the shipping costs under the following link: https://www.yoursuper.eu/pages/shipping
6.3 The goods are shipped by mail. We bear the shipping risk towards you as a consumer.
6.4 If we fulfil your order according to 6.1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
6.5 If you effectively revoke your contractual declaration in accordance with 3. or 4., you may, under the statutory conditions, demand reimbursement of costs already paid for the shipment of the goods to you (shipping costs) (compare on other consequences of revocation § 3 para. 1).
7. Terms of payment, set-off and right of retention
7.1 We generally accept the following payment methods: credit card, PayPal, “Klarna Sofort zahlen” and invoice (with Klarna). For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods.
- In case of purchase by credit card, your credit card account will be charged upon receipt of the order. If you purchase on account, we will inform you about the due date of the purchase price on the order overview page before conclusion of the contract.
- You agree that you will receive invoices and credit notes exclusively in electronic form.
7.2 You are not entitled to offset against our claims unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
7.3 As a buyer, you may only exercise a right of retention (in German: “Zurückbehaltungsrecht”) if your counterclaim arises from the same purchase contract.
8. Retention of title
The delivered goods remain our property until full payment of the purchase price.
We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB (German Civil Code).
10.1 We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
10.2 In other cases we are only liable - insofar as not otherwise regulated in 10.3 - in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you as the customer may regularly rely (so-called cardinal obligation, in German: “Kardinalpflichten”), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in 10.3.
10.3 Our liability for damages arising from injury to life, body or health and under the German Product Liability Act (in German: “Produkthaftungsgesetz”) remains unaffected by the above limitations and exclusions of liability.
We have copyrights or rights of use to all images, films and texts published in our online-shop. Any exploitation or public reproduction of the images, films and texts is not permitted without our express consent (see §§ 3, 15 et seq. German Copy Right law; in German: “Urhebergesetz”).
12. Further information
12.1 The offers available on our website www.yoursuper.eu can be used by persons who are at least 18 years old.
12.2 Each customer is entitled to maintain one customer account. We reserve the right to delete multiple registrations.
12.3 The European Commission provides a platform for online dispute resolution (OS), which you can find under the link to the platform of the European Commission. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. Applicable law and place of jurisdiction
13.1 The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you as a consumer have your usual place of residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
13.2 The contract remains binding in its remaining parts even if individual points are legally ineffective. The invalid points are replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one party, however, the contract as a whole becomes invalid.
Berlin, 14 October 2021