GTC and right of revocation

The General Terms and Conditions and right of revocation of PhytoLife Nutrition GmbH for menoelle.com

The following terms of contract apply in the scope of contracts that are concluded via the platform menoelle.com between Phytolife Nutrition GmbH – hereinafter “Provider” – and their respective contractual partner – hereinafter “Customer”.

§ 1 Scope, definitions

(1) The following General Terms and Conditions in the version applicable at the time of the order apply exclusively for the business relationship between the Provider and the Customer. No deviating conditions of the Customer will be accepted. This also applies if the Provider does not expressly object to the incorporation.

(2) All information that you provide during the order process must be up to date and accurate. You must not pass on your password to third parties. You must keep it safe from third-party access and inform us of any lost passwords or transfers immediately in text form. You will be liable in accordance with the statutory provisions for any misuse, e.g. for any unauthorised orders by third parties using your password and the resulting claims.

(3) The Provider may change the GTC with future effect, particularly regarding payment methods, shipping and shipping costs, if legal amendments, changes to legal judgments, changes to the market situation and organisational reasons require it and the changes are reasonable to the Customer, if the Customer does not object to the change within four weeks after receiving a text-form notification in which the Provider informs the Customer of the intended changes and has expressly informed them that the Customer can object to the change within four weeks after receiving the notification. If the Customer does not object within the set period, the changes to the GTC will become effective once this period expires. In the event of an objection to the intended changes, the Provider reserves the right to terminate the contract.

(4) The services of the Provider are exclusively intended for consumers. Consumers are natural persons who make use of the services of the provider for purposes that cannot be assigned to their commercial, professional or business activity. Non-consumers can contact the provider directly to find out about offers or conditions available to them.

§ 2 Conclusion of contract

(1) The depiction of the products in the online shop does not represent a legally binding offer to conclude a purchase agreement. The Customer can select products from the provider’s range and gather them in a shopping basket using the button “Add to basket”. Once the Customer has reviewed their selection in the shopping basket again and made any changes (e.g. regarding the number of products desired), they confirm this and reach the settings for purchase settlement using the button “Go to checkout”. There, the Customer can register as a new customer and will then have a customer account in the online shop or log into an existing customer account with the relevant information (email address and password). After logging into the online shop, the Customer selects the payment method (cf. § 7 T&Cs) and can edit their product selection and data entered once again. By clicking the button “Submit binding order”, the Customer submits a binding request to buy the goods in the shopping basket. However, the order can only be submitted and transmitted if the Customer first accepts the existing contractual terms by clicking the box “I have read the GTC of your shop and agree that they will be applied” and this has been included in their order.

(2) The Provider will then send the Customer an automatic confirmation of receipt via email, in which the Customer’s order is again listed, and which contains a link to our GTC and which the Customer can print out. The order confirmation is also displayed on the website and can be printed out there by clicking the button “Print order confirmation now!”. Registered customers can also view their orders later via the customer login at any time.

(3) The automatic confirmation of receipt only documents that the Customer’s order has arrived with the Provider and does not represent acceptance of the order. The contract will only come into effect with the submission of the acceptance declaration by the Provider, who will send a separate email (order confirmation/invoice) usually within three working days or – if the delivery is to take place at an early time than the order confirmation is usually received – with the delivery of the ordered goods.

(4) The Customer is responsible for receiving or having an adult authorised by them receive the goods.

(5) The Customer can save or print out these General Terms and Conditions at any time by clicking the “Save” or the “Print” button. The contractual text will be saved after contract conclusion and is accessible to the Customer.

(6) The contractual language is exclusively German.

(7) Order processing and contact initiation usually take place via email and automated order processing. The Customer must ensure that the email address they have provided for order processing is correct so that they can receive emails send by the seller at this address. In particular, if using spam filters, the Customer must ensure that all emails sent by the seller or by a third party commissioned with order processing by them can be delivered.

§ 3 Delivery of subscription products

(1) Individual products may, depending on availability, be delivered monthly over a fixed period (hereinafter: “menoelle subscription”). §§ 3 and 4 of these General Terms and Conditions only apply for the menoelle subscription product.

(2) The provisions of § 2 apply for the first delivery of the subscription. All further deliveries are usually delivered at 30-day intervals. If, for example, the first delivery is delivery on 10 April, the subsequent delivery will be delivered on the 10th day of each month.

(3) The purchase price for the menoelle subscription will be due in equal monthly instalments, 5 days before the next planned delivery. If there is a delay with payment, the purchase price for the entire contractual term will be due for payment immediately. Until the proportionate or, with a delay with payment, complete payment of the purchase price, the Provider will not be obligated to deliver the product. Claims of the Provider beyond this remain unaffected.

(4) Unless otherwise intended, the minimum term of the contracts for the menoelle subscription is 6 months.

§ 4 Term of subscription and termination of subscription

(1) menoelle subscription contracts are, unless otherwise stated, concluded for a minimum term of 6 months. The contract will expire automatically unless the Customer renews the contractual relationship before expiration of the ongoing contractual term. The Customer will receive instructions to renew the contract in good time via email and can view these on the Provider’s website at any time.

(2) menoelle subscription contracts cannot be terminated prematurely.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) Terminations require at least text form to be effective (§ 126b BGB). The Customer can terminate the contract via the contact form at menoelle.com/subscription-termination. The Customer can reach the contact form directly via the menoelle.com homepage.

§ 5 Retention of title, condition precedent with vouchers

(1) Delivered goods (reserved goods) remain the property of the Provider until the complete and final payment of all claims from the respective contract, including the shipping costs.

§ 6 Prices, shipping costs and delivery restrictions

(1) All prices specified on the Provider’s website are shown in euro and include the respectively applicable statutory VAT.

(2) Any incurred shipping costs will be shown on the Provider’s website and during the order process and will be borne by the Customer.

(3) The Provider delivers within the following regions: Germany, Austria, Switzerland.

(4) The Provider bears the risk for shipping.

§ 7 Availability and delivery times

(1) Delivery will take place within the delivery period stated for the respective product during the order process. It begins – subject to the regulation pursuant to (5) – with conclusion of contract.

(2) In the event of delivery delays, the Customer will be informed immediately after the Provider has become aware of these. The Provider is entitled to make partial deliveries and partial settlements at any time if this is reasonable for the Customer.

(3) Unless otherwise agreed, the goods will be shipping to the delivery address provided by the Customer. The Customer is obligated to keep the data on the delivery address in their customer account up to date and to record any change in their customer account to ensure delivery.

§ 8 Payment methods

(1) The Customer has the option to select from different payment methods unless a specific payment method is stipulated.

(2) The individual payment options are described on the website as well as during the order process.

(3) The Customer is obligated to ensure that the respective account or payment method has the necessary funds and, if they have a customer account, to keep the data on the payment method, in particular account number, credit card number, etc. up to date and to record any change in their customer account to ensure payment. If a payment cannot be made due to reasons for which the Customer is responsible, they must bear or reimburse any resulting costs to the Provider.

(4) Payment of the purchase price for individual orders is due immediately upon conclusion of contract. Payments for menoelle subscription contracts are due in line with § 3.

(5) The Customer is entitled to change the payment method during the term of a contract. This is possible at any time with effect on the delivery date following the change, if the change is made at least 15 days before the next delivery date. Otherwise, the payment method will be changed with the shipping date that follows. The Customer can request a change in payment method via the Provider’s support team.

(6) If the due date of the payment is determined according to the calendar, the Customer will be considered already in arrears if this date is missed.

In this case the Customer, who is a consumer, will pay the Provider interest on arrears of 5 percentage points above the respective base interest rate. Further claims of the Provider remain unaffected.

(7) The Customer will only be entitled to a right of retention if their counterclaim has been legally established or is undisputed. The Customer is only entitled to enforce a right of retention due to counterclaims from the same contractual relationship.

§ 9 Warranty for material defects, guarantee

(1) The Provider will be liable for material damages, unless set out otherwise in § 9 of these GTC, in line with the applicable legal provisions. The regulations under § 10 apply for any claims for damages.

(2) Towards companies, the warranty obligation for the items delivered by the Provider is 1 year.

(3) An additional guarantee will exclusively exist for the goods delivered by the Provider if this has been expressly granted in the order confirmation on the respective item under presentation of the respective guarantee terms.

§ 10 Liability

(1) In the event of intent and gross negligence according to the legal provisions, the Provider will be liable towards the Customer to compensate for damages or replace futile expenses.

(2) In other cases, the Provider will be liable – unless set out otherwise in (3) – only with a breach of contractual duty, whose fulfilment actually enables proper performance of the contract and on whose compliance the Customer can regularly depend on (known as a cardinal obligation); this will be limited to reimbursement of the foreseeable damage typical for contract. In all other cases, liability of the Provider is excluded, subject to the regulation in (3).

(3) The liability of the Provider for damages arising from injury to life, body or health and in line with the Product Liability Act remains unaffected by the above liability restrictions and exclusions.

§ 11 Right of revocation

Consumers are entitled to a right of revocation, depicted below:

Revocation instruction

(1) Right of revocation for individual orders
You have the right to revoke this contract without specifying a reason within fourteen days. The revocation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, has received the last goods.

To exercise your right of revocation, you must inform us,

PhytoLife Nutrition GmbH Winsstrasse 59, 10405 Berlin, Germany,
represented by Patrick Schmick, Morris Hille,
Contact Telephone: +49 30 89649087 Fax: +49 30 85974061 Email: info@phytolifenutrition.de,
Register entry in the commercial register Register court: Berlin Local Court Register number: HRB 191624 B,
VAT identification number in accordance with §27 a Umsatzsteuergesetz [German VAT Act]: DE 319210446

of your decision to revoke this contract by way of a clear declaration (e.g. a letter sent by post, fax or email). You can use the online sample revocation form for this purpose; however, this is not a requirement. You can find the sample revocation form following these GTC.

To uphold the revocation period, it is sufficient to send the notification on the exercise of the right of revocation before the revocation period expires.

(1) Right of revocation for individual orders

You have the right to revoke this contract without specifying a reason within fourteen days. The revocation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, has received the last goods.

To exercise your right of revocation, you must inform us of your decision to revoke this contract by way of a clear declaration (e.g. a letter sent by post, fax or email). You can use the online sample revocation form for this purpose; however, this is not a requirement. You can find the sample revocation form following these GTC.

To uphold the revocation period, it is sufficient to send the notification on the exercise of the right of revocation before the revocation period expires.

Consequences of revocation

If you revoke this contract, we must reimburse you all payments that we have received from you, including shipping costs (with the exception of the additional costs incurred if you have chosen a delivery method other than the cheapest standard delivery form we offer), immediately and no later than within fourteen days from the day on which we receive the notification on your revocation of this contract. For this reimbursement, we will use the same payment method that you used with the original transaction unless otherwise has been expressly agreed with you; under no circumstances will you be charged for this reimbursement. We can reject reimbursement until we have received the goods again or until you have provided proof that you have returned the goods, depending on which is the earlier point in time.

You must return or transfer the goods immediately and in any case, no later than within fourteen days from the day on which you inform us of the revocation of this contract, to Phytolife Nutrition GmbH, Winsstrasse 59, 10405 Berlin. The period will be upheld if you send the goods before the period of fourteen days has expired. You will bear the immediate costs for the return of the goods. You will only have to pay for any loss of value to the goods if this loss of value is attributed to handling of the goods not necessary for inspecting the condition, properties and function of the goods.

Exclusion of right of revocation

There is no right of revocation in the following contracts:

– Contracts on the delivery of goods that can spoil quickly or whose expiration date would be exceeded quickly.

– Contracts on the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

(2) Right of revocation for the “menoelle subscription” products

To exercise your right of revocation, you must inform us,

of your decision to revoke this contract by way of a clear declaration (e.g. a letter sent by post, fax or email).

You can use the online sample revocation form for this purpose; however, this is not a requirement. You can find the sample revocation form following these GTC.

To uphold the revocation period, it is sufficient to send the notification on the exercise of the right of revocation before the revocation period expires.

Consequences of revocation

You must return or transfer the goods immediately and in any case, no later than within fourteen days from the day on which you inform us of the revocation of this contract, to

PhytoLife Nutrition GmbH, Winsstrasse 59, 10405 Berlin

The period will be upheld if you send the goods before the period of fourteen days has expired. You will bear the immediate costs for the return of the goods. You will only have to pay for any loss of value to the goods if this loss of value is attributed to handling of the goods not necessary for inspecting the condition, properties and function of the goods.

Exclusion of right of revocation

There is no right of revocation in the following contracts:

– Contracts on the delivery of goods that can spoil quickly or whose expiration date would be exceeded quickly.

– Contracts on the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

Sample revocation form

To:

I/we1 hereby revoke the contract concluded by me/us1 on the purchase of the following goods1/the provision of the following service1:

(please enter name of goods or service here) …

Ordered on … / received on …

Name of consumer: …

Address of consumer …

Signature of consumer (only with notification on paper) …

Date: …

(1) Cross out where not applicable.

§ 13 Dispute arbitration body

The European Commission has set up a European online dispute resolution platform for the alternative out-of-court resolution of disputes on purchase and service contracts between consumers and entrepreneurs concluded on the internet. This can be reached via the external link https://ec.europa.eu/consumers/odr/. We will not take part in dispute resolution proceedings before a consumer arbitration body as defined by the Consumer Dispute Resolution Act (VBSG).

§ 14 Closing provisions

(1) The law of the Federal Republic of Germany applies to contracts between the Provider and the Customer, under exclusion of the UN Convention of Contracts for the International Sale of Goods. This choice of law will only apply towards a consumer to the extent that it does not restrict any mandatory legal provisions of the state in which they reside or have their usual place of residence.

(2) If the Customer is a merchant, a legal person of public law or a public-legal special asset, the place of jurisdiction for all disputes arising from contractual relations between the Customer and the Provider is Berlin.

(3) Should individual provisions of this contract be or become void or invalid in whole or in part, this will not affect the validity of the remaining provisions. Statutory law (§ 306 (2) BGB) will replace any provisions of this contract which are not incorporated or ineffective. If this statutory law is not available in the respective case (gap in regulation) or would lead to an intolerable result, the Parties will enter into negotiations to make an effective regulation to replace the non-incorporated or ineffective provision that comes as close as possible to its economic intention.

Version: January 2019