Terms of service

General Terms and Conditions (GTC)

of

SugaBeast GmbH & Co. KG
Friedrich-Ebert-Str. 37
64342 Seeheim-Jugenheim
Germany

• 1 Scope

These General Terms and Conditions (GTC) apply to all contracts concluded between you and us, Sugabeast GmbH, represented by Mr. Matthias Niegel, Friedrich-Ebert-Str. 37, 64342 Seeheim (Email: contact@sugardad.eu, via this online shop.

• 2 Contract Language and Storage of Contract Text

(1) The language available for concluding the contract is exclusively German.

(2) The contractual provisions including information about the ordered goods will be sent to you by email upon acceptance of the contractual offer or notification thereof. We do not store the contractual provisions.

(3) All agreements made between you and us in connection with the purchase contract result in particular from these GTC, our order confirmation and our declaration of acceptance.

• 3 Conclusion of Contract

(1) The presentation of goods and services in our online shop does not constitute a legally binding offer but an invitation for the customer to submit an offer or place an order (invitatio ad offerendum).

(2) By clicking the “Order with obligation to pay” button in the final step of the ordering process, you submit a binding offer to purchase the goods and/or services displayed in the order overview (shopping cart). Immediately after submitting the order, you will receive an order confirmation which, however, does not yet constitute acceptance of your contractual offer.

(3) A contract between you and us is concluded as soon as we accept your order by a separate email or dispatch the goods. Please regularly check the SPAM folder of your email inbox. Reference is made to § 4 para. 3 lit. b.

By way of deviation, a purchase contract is concluded:

a) in the case of payment via Giropay, PayPal or Sofortüberweisung upon confirmation of the payment instruction to us, or
b) in the case of payment by credit card upon completion of the ordering process.

(4) If delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you of this without undue delay and reimburse any consideration already received without undue delay. If the product ordered by you is only temporarily unavailable, we will inform you of this in the order confirmation.

• 4 Subscription Contracts

You have the option of concluding contracts with us for the recurring delivery of product boxes (subscription contracts). After concluding the subscription contract, you will receive a product box every month for a period previously defined in months.

(1) Content of the Product Boxes

A product box contains various products from our assortment.
The selection and specific composition of the products contained in a product box as well as their quantity ratio within a product box are at our sole discretion and depend in particular on our stock levels and the availability of individual products on the market.
In particular, you have no entitlement to the inclusion of specific products or product categories within a product box.

(2) Fees for Subscription Contracts

To receive the product boxes, you are obliged to pay the agreed monthly subscription fee.
The amount of the monthly subscription fee depends on the term of the subscription contract selected by you at the time of conclusion and will be displayed in the order overview when concluding the subscription contract, including any applicable VAT, shipping costs and other price components.
The subscription fee must be paid monthly and on time using one of the payment methods offered by us. § 8 of these conditions applies accordingly.

(3) Term of Subscription Contracts

Subscription contracts are offered with different terms. You may conclude subscription contracts with a term of one, three, six or twelve months.
The term of the subscription contract begins at the time the contract is concluded, but at the earliest upon receipt of an order confirmation for the subscription contract by you, and at the latest upon delivery of the first product box to you by us.

(4) Termination of Subscription Contracts

After expiry of the term defined at the time of conclusion of a one-month subscription contract (one month), the subscription contract is automatically extended for an indefinite period (extended term), unless terminated by either party with a notice period of two weeks prior to the end of the term. Subscription contracts with a term of three, six or twelve months end automatically upon expiry of the term.

During the extended term, the subscription contract may be terminated by either party at any time with two weeks’ notice.

The statutory right to extraordinary termination without notice for good cause remains unaffected. Lit. c, sentence 1 applies accordingly. A good cause exists in particular in the breach of essential obligations under these GTC. Provided that we have previously unsuccessfully requested compliance with the respective contractual obligation, at least in text form, such good cause shall exist for us in particular if:

• you are in default with payment of the contractually owed subscription fee or part thereof for a period of two consecutive months;
• you intentionally provide false information during registration or ordering and/or later changes to your data or repeatedly violate these GTC.

(5) Consequences of Extraordinary Termination Without Notice for Good Cause

If we terminate the subscription contract extraordinarily without notice for good cause before the expiry of the contractually agreed term and you are responsible for this cause, you are obliged to reimburse us:

the difference between the monthly subscription fee in the subscription contract concluded and the monthly subscription fee that would have applied if the contractual period already elapsed at the time of termination had been decisive for the term of the subscription contract and thus the amount of the fee.

• In the case of termination within three months after conclusion of the contract, this is the difference between the monthly subscription fee in the concluded subscription contract and the subscription fee in the one-month subscription contract.
• In the case of termination after expiry of three months after conclusion of the contract, this is the difference between the subscription fee in the concluded subscription contract and the subscription fee in the three-month subscription contract.
• In the case of termination after expiry of six months after conclusion of the contract, this is the difference between the subscription fee in the concluded subscription contract and the subscription fee in the six-month subscription contract.
  

• 5 Technical Steps and Correction of Input Errors

(1) During the ordering process, you first place the desired goods in the shopping cart. There you can change the desired quantity at any time or remove selected goods completely.

(2) If you have placed goods in the shopping cart, by clicking the “Next” buttons you will first be taken to a page where you can enter your data and then select the shipping and payment method.

(3) Finally, an overview page opens where you can review your details. You can correct input errors (e.g. regarding payment method, data or desired quantity) by clicking “Edit” in the respective field. If you wish to completely cancel the ordering process, you can simply close your browser window. Otherwise, after clicking the confirmation button “Order with obligation to pay”, your declaration becomes binding within the meaning of § 3 para. 2 of these GTC.

• 6 Registration in Our Online Shop

(1) You may order goods in our online shop as a guest or as a registered user. As a registered user, you do not need to enter your personal data each time but can log into your customer account before or during an order using your email address and the password you freely chose during registration.

(2) Registration alone does not create any obligation to purchase the goods offered by us.

(3) For information on the processing of your data, please read our privacy information which can be accessed at the following link ?????. When registering, you choose a personal username and password.

• 7 Right of Withdrawal

(1) As a consumer, you are entitled to a right of withdrawal in accordance with the instruction set out in the annex.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

(3) However, you cannot withdraw from the order vis-à-vis us insofar as it concerns contracts:

• for 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 (§ 312g para. 2 no. 3 German Civil Code), or
• for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature (§ 312g para. 2 no. 4 German Civil Code).

8 Payment Conditions

(1) The purchase price for our goods and services is due immediately upon ordering; in the case of the subscription fee, on the third working day of each month of the subscription contract. All prices stated in our online shop are gross prices including statutory VAT and are exclusive of applicable shipping costs and other price components.

(2) The total amount (purchase price including statutory VAT plus shipping costs and other price components) must be paid without deduction at the latest within 14 days from receipt of our invoice.

(3) Payment for the goods is made via our online payment service providers. You may pay the purchase price and shipping costs at your choice to the account specified in the online shop:

• via Sofort transfer,
• via PayPal,
• via EC/Maestro or credit card.

By placing the order, you provide your credit card details. After your authentication as the legitimate cardholder, the payment transaction will be carried out automatically immediately after dispatch of the goods and your card will be charged.

• by cash on delivery / payment on invoice.

You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on invoice only after a successful credit check.

(4) In the case of payment by EC/Maestro or credit card, we will initiate the debit from your account no earlier than the time specified in paragraph 2.

(5) If the due date of payment is determined by the calendar, you are already in default simply by missing the deadline. Furthermore, we may assert additional damages caused by default.

• 9 Retention of Title

The goods remain our property until full payment has been made.

• 10 Delivery Conditions

(1) We deliver the goods in accordance with the agreements made with you.

(2) Any shipping costs incurred are listed in the product description and will be shown separately on the invoice.

(3) The delivery period is indicated on the respective product page as well as during the ordering process.

(4) The deadlines specified by us for dispatch of the goods begin on the day of receipt of the full purchase price (including VAT and shipping costs) or, if payment by credit card or on invoice is agreed, on the day the purchase contract is concluded.

(5) Force majeure in the sense of unforeseeable, unavoidable and non-culpable events as well as other circumstances beyond our control which make delivery of the goods impossible release us from the obligation to perform our contractually agreed services. In such cases, we will notify you immediately of the occurrence and the cessation of the force majeure. We are entitled to postpone delivery until the expiry of a reasonable period after the impossibility or inability to deliver has been remedied or to release ourselves from our delivery obligations.

(6) If delivery becomes impossible for the reasons stated above, both parties shall have the right to withdraw from the contract after three months have elapsed from the original delivery date. However, if you are in default of acceptance or the risk of accidental loss of the goods has already passed to you, you remain obliged to provide consideration. In this case, you shall not have a right of withdrawal.

• 11 Warranty for Sale of Goods

(1) If the goods purchased and delivered via our online shop are defective, you are entitled within the scope of statutory provisions to demand subsequent performance, withdraw from the contract or reduce the purchase price.

(2) The limitation period for warranty claims for delivered goods is two years from receipt of the goods. Claims due to defects that we have fraudulently concealed shall become time-barred within the regular limitation period.

(3) An additional guarantee for the goods supplied by us exists only if this was expressly given in the order confirmation for the respective item.

• 12 Limitation of Liability

(1) We are liable without limitation for damages and reimbursement of expenses in the event of culpable injury to life, body or health as well as in cases of intent and gross negligence. The same applies to the liability of our legal representatives or vicarious agents.

(2) We are also liable in the event of slightly negligent breach of an essential contractual obligation (cardinal obligation). Essential contractual obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose compliance you may rely. In the event of a breach of essential contractual obligations, liability is limited in amount to compensation for the damage typically foreseeable under the contract.

(3) Any further liability for damages and reimbursement of expenses — regardless of the legal grounds — is excluded; in particular, liability without fault is excluded. Liability under the Product Liability Act remains unaffected.

(4) The above provisions also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.

• 13 Copyrights

All copyrights or other industrial property rights to images, films and texts published in our online shop belong exclusively to us. The purchase contract with you does not grant such rights. Use of images, films and texts is not permitted without our express consent.

• 14 Set-Off and Right of Retention

(1) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.

(2) As a buyer, you may exercise a right of retention only if your counterclaim arises from the same purchase contract.

• 15 Final Provisions

(1) If at the time of conclusion of the contract you had your place of residence or habitual residence in Germany and either moved it outside Germany at the time the action is brought by us or your place of residence or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Dortmund.

(2) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

(3) The EU Commission has created an internet platform for online dispute resolution (ODR). The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at: http://ec.europa.eu/consumers/odr. Our address can be found above under § 1. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) We are neither obliged nor willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).

(5) Should individual provisions of this contract be invalid, the remainder of the contract shall remain unaffected.