Terms of service

General terms and conditions with customer information

Table of contents

  1. scope
  2. conclusion of contract
  3. right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. retention of title
  7. Liability for defects (warranty)
  8. Redeeming promotional vouchers
  9. Redeeming Gift Vouchers
  10. Applicable Law
  11. place of jurisdiction
  12. Alternative Dispute Resolution

1) Scope

1.1‚ÄČThese general terms and conditions (hereinafter "GTC") of CUhealthy GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the seller's online -Shop completes illustrated goods. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2‚ÄČThese General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.

1.3‚ÄČA consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1‚ÄČThe product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2‚ÄČThe customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3‚ÄČThe seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4‚ÄČIf you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.√† r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that concludes the ordering process.

2.5‚ÄČWhen submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6‚ÄČBefore submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7‚ÄČGerman and English are available for the conclusion of the contract.

2.8‚ÄČThe order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

3.1‚ÄČIn principle, consumers are entitled to a right of withdrawal.

3.2‚ÄČFurther information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1‚ÄČUnless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2‚ÄČThe payment option(s) will be communicated to the customer in the seller's online shop.

4.3‚ÄČIf you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.4‚ÄČIf you select a payment method offered via the "mollie" payment service, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. Mollie can use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information about "mollie" is available online at https://www.mollie.com/de/.

5) Delivery and shipping conditions

5.1‚ÄČGoods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2‚ÄČIf delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3‚ÄČPickup is not possible for logistical reasons.

5.4‚ÄČVouchers are given to the customer as follows:

- per Download

6) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1‚ÄČIf the purchased item is defective, the statutory liability for defects applies.

7.2‚ÄČNotwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, reducing the liability period to one year does not apply

  • for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • for claims for damages and reimbursement of expenses by the customer, as well as
  • in the event that the seller has fraudulently concealed the defect.

7.3‚ÄČIf the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1‚ÄČVouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

8.2‚ÄČIndividual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

8.3‚ÄČPromotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

8.4‚ÄČOnly one promotional voucher can be redeemed per order.

8.5‚ÄČThe value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.6‚ÄČIf the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7‚ÄČThe balance of a promotional voucher is neither paid out in cash nor does it earn interest.

8.8‚ÄČThe campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

8.9‚ÄČThe promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9) Redeeming Gift Certificates

9.1‚ÄČVouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

9.2‚ÄČGift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.

9.3‚ÄČGift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4‚ÄČOnly one gift voucher can be redeemed per order.

9.5‚ÄČGift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.

9.6‚ÄČIf the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7‚ÄČThe balance of a gift voucher is neither paid out in cash nor does it earn interest.

9.8‚ÄČThe gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.

12) Alternative Dispute Resolution

12.1‚ÄČThe EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2‚ÄČThe seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.