Terms of service

General Terms and Conditions

(As of: January 1, 2023)

1. Scope
2. Contracting Parties
3. Conclusion of Contract
4. Right of Withdrawal
5. Prices and Shipping Costs
6. Delivery
7. Payment
8. Retention of Title
9. Warranty for Material Defects
10. Dispute Resolution

General Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all deliveries from HyEx Nutrition UG (limited liability) (hereinafter HyEx Nutrition) to consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity.

2. Contracting Party

The purchase contract is concluded with HyEx Nutrition UG (limited liability), owner: David Martinis, Lehmgrubenweg 11, 78549 Spaichingen, Commercial Register: Stuttgart District Court, HRB 797109.

3. Conclusion of Contract

3.1. The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to order.

3.2. By clicking the [Buy/order for a fee] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending an order confirmation via email immediately after receiving your order.

4. Right of Withdrawal

4.1. If you are a consumer (i.e., a natural person placing the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

4.2. If you, as a consumer, exercise your right of withdrawal in accordance with Section 4.1, you will be responsible for the regular costs of return shipment.

4.3. Furthermore, the provisions set out in detail in the following section apply to the right of withdrawal.

Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must notify us [enter name of the entrepreneur, address, telephone number, and email address] of your decision to withdraw from this contract by means of an unambiguous declaration (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically complete and submit the sample cancellation form or another unambiguous declaration on our website (insert internet address). If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g., by email).

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of Cancellation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. 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 earlier.

You must return or hand over the goods to us or to (where applicable, the name and address of the person authorized by you to receive the goods must be inserted here) promptly and no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties, and functioning.

- End of the cancellation policy –

 

4.4. HyEx Nutrition provides information about the model cancellation form in accordance with statutory regulations as follows:

Model Cancellation Form

(If you wish to cancel the contract, please fill out this form and return it.)

- To [the name, address, and email address of the entrepreneur must be inserted here by the entrepreneur]:
–I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
–Ordered on (*)/received on (*)
–Name of consumer(s)
–Address of consumer(s)
–Signature of consumer(s) (only if notification is made on paper)
–Date __________
(*) Delete as appropriate

5. Prices and Shipping Costs

5.1. The prices stated on the product pages include statutory VAT and other price components.

5.2. In addition to the stated prices, we charge a flat rate of €3.99 per order for delivery within Germany. The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system, and on the order page.

6. Delivery

6.1. Delivery is only possible within Germany by post.

6.2. Delivery time is up to 3 days. Any deviations in delivery times will be indicated on the respective product page.

7. Payment

Payment can be made using one of the payment methods selected by the buyer. These are:

1. PayPal

2. Sofortüberweisung

3. Advance payment

4. Credit card: Visa, Mastercard, American Express

5. Apple Pay

6. Google Pay

7.1 If you use PayPal or Sofortüberweisung as your payment method, you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system.

If you are redirected to the respective payment system, enter your data accordingly or select the appropriate data. The data and details of the order will then be displayed on the payment service provider's website or after you have been redirected back to our online shop.

Before placing your order, you have the opportunity to review your details in the order overview, make changes, or even cancel the order process.

7.2 If you use the prepayment payment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.

7.3 If you use a credit card as your payment method, by providing your credit card details you consent to the actual invoice amount, including any applicable delivery and shipping costs, being charged by the respective credit card company when due. At the end of the ordering process, you will be asked to enter your credit card number, the expiration date of the credit card used, and the security code in the form provided. Depending on the payment amount and/or the type of delivery, you may be asked for a second authentication feature (e.g., password, PIN, TAN, facial scan, or fingerprint) after the respective credit institution's website is displayed. You must verify the payment process with your personal second authentication feature using a dedicated app. The type of identification may depend on the respective payment service provider. You initiate the debit of the invoice amount with the order confirmation.

7.4 If you use the Apple Pay or Google Pay payment systems to place your order, you pay directly via your own account with the respective payment service provider. After submitting the order, you will be redirected to the respective service provider to authorize payment of the order amount. Once the seller receives authorization information, the ordered items will be shipped. Shipping depends on the delivery time specified for the respective item. The payment method used with the respective payment service will be charged after authorization or after the ordered items have been shipped, in the amount of the actual invoice amount, less any applicable discounts.

8. Retention of Title

The goods remain our property until full payment is received.

9. Warranty for Material Defects

9.1 HyEx Nutrition is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

9.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

9.3 If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed upon if you were informed of this before we concluded the contract and the deviation was expressly and separately agreed upon between the contracting parties.

10. Dispute Resolution

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

The EU Commission has created an internet platform for online dispute resolution. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr