For the use of the Foodpunk Shop and the Foodpunk App.
1. scope
1.1 For the business relationship between Foodpunk GmbH, Arastraße 2, 85579 Neubiberg, Germany (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the booking / order.
1.2 You can reach our customer service for questions, complaints and claims by phone at 089 35762016 and by e-mail at info [at] foodpunk.de.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
1.4 Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
2. offers and service descriptions
2.1 Contractual Partner and Subject Matter of the Contract
These General Terms and Conditions form the basis for the contract of use, which is concluded between the consumer and Foodpunk GmbH, Arastraße 2, 85579 Neubiberg (hereinafter referred to as “Foodpunk”). The subject matter of this Agreement is the free or paid use of the services offered by us under the name Foodpunk App via our website foodpunk .de, go.foodpunk.de other Foodpunk websites or via our software applications. In addition, this Agreement governs purchases of food and other goods from the Foodpunk Shop, which can be found at foodpunk.com/shop.
2.2 Foodpunk App & Nutrition Programs
Foodpunk creates customized nutrition programs that can be used as part of a membership. All Foodpunk GmbH nutrition plans and eBooks are reserved for private use. Duplication, forwarding and/or distribution as well as commercial use of the recipes and calculations only with the express and written permission of Foodpunk GmbH. Granting access to the Facebook group is not part of the offered scope of services. Foodpunk GmbH reserves the right not to allow individual users to participate or to exclude them from participation in the group for reasons of discretion. Use of the Foodpunk App requires an active subscription. After the subscription is terminated, access to the app and its content will be disabled. There is a possibility to pause the membership.
2.3 Foodpunk store for food and goods
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee. All offers are valid “while stocks last” unless otherwise noted with the products. In all other respects, errors are excepted.
3. order process and conclusion of contract
3.1 Foodpunk App Membership Booking Process
To use the Foodpunk App, an active membership is possible, which can be concluded via foodpunk.de, go.foodpunk.de or other sites.
During the booking process, you will be asked to accept the General Terms and Conditions and the Privacy Policy. For a successful booking, the consumer must also agree that the execution of the contract can begin before the end of the statutory withdrawal period, so that Foodpunk can create and transmit the customized nutrition plan.
After the booking has been made, Foodpunk will send an order confirmation to the email address provided, in which the booking and subscription will be confirmed once again. The membership is renewed for a further term after the specified term at the specified price.
3.2 Order process Foodpunk Shop for food and goods
The Customer may select products from the Seller’s assortment without obligation and collect them in a so-called shopping cart by clicking the “add to cart” button. Subsequently, the customer can proceed to the completion of the order process within the shopping cart via the button “Proceed to checkout”. By clicking the “Buy” button, the customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*). The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is concluded only when the seller sends the ordered product to the customer within 2 days or confirms the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice. If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in case of advance payment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1. Prices Foodpunk App Membership
The valid price and subscription models are listed on the respective booking page. All prices quoted are inclusive of the applicable sales tax. Membership begins at the time of booking and is automatically renewed at the end of a term for another interval of the selected term (e.g. 1 year, 1 month, 3 months, 6 months).
4.2. Prices Foodpunk Shop for food and goods
All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process. There are no shipping costs for digital products (PDF download).
5. delivery, availability of goods
5.1 Order processing Foodpunk App
After booking, a Foodpunk employee creates a user account in the Foodpunk app with the name and email address data provided. Then, the nutrition plan is created individually by an expert at Foodpunk. The consumer then receives an email with important content and gets access to the Foodpunk app, the nutrition program with individually calculated recipes and knowledge content.
5.2 Delivery and availability of goods Foodpunk Shop
5.2.1 If payment in advance has been agreed, delivery shall be made after receipt of the invoice amount.
5.2.2 If not all ordered products are in stock, the Seller shall be entitled to make partial deliveries at its own expense, provided that this is reasonable for the Customer.
5.2.3 If the delivery of the goods fails due to the fault of the Buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.2.4 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will immediately inform the customer and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately refund to the customer any consideration already paid.
5.2.5 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.2.6 Digital products such as eBooks will be made available as a download link upon completion (this does not apply to the nutrition programs in the Foodpunk App.
6. cancellation foodpunk app
Foodpunk App membership automatically renews depending on a term. The term (e.g. 1 year, 1 month, 3 months, 6 months), is selected when booking for the first time.
You can cancel your membership at any time HERE. There is no notice period. After cancellation, the account will be deactivated at the end of the term.
7. payment modalities
7.1. The customer can choose from the available payment methods within the framework and before completion of the ordering process. Customers are informed about the available means of payment on a separate information page.
7.2. If third-party providers are commissioned with payment processing, e.g. Paypal. their general terms and conditions apply.
7.3. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.
7.4. The customer’s obligation to pay interest on arrears does not preclude the seller from claiming further damages caused by the delay.
7.5. The customer shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
8. retention of title
Until full payment, the delivered goods remain the property of the seller.
9 Warranty for material defects and guarantee
9.1. The warranty is determined according to legal regulations.
9.2. A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers are informed about the warranty conditions before initiating the order process.
10. liability
10.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory prerequisites for claims.
10.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
11. storage of the contract text
11.1. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. Together with the order confirmation, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
12. data protection
12.1. The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
12.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by the seller for the fulfillment and execution of the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
12.3. The customer has the right to receive, upon request and free of charge, information about the personal data stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, provided that there is no legal obligation to retain such data.
12.4. Further information about the nature, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
13 Jurisdiction, Applicable Law, Contract Language
13.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
13.2. Contract language is German.
14. disclaimer and general note on medical topics
The contents presented here are intended exclusively for neutral information and general further education. They do not constitute a recommendation or advertisement of the diagnostic methods, treatments or drugs described or mentioned. Nutrition plans are created to the best of our knowledge and belief. They are merely a recommendation that the user must check for himself and, if necessary, coordinate with his doctor. The text does not claim to be complete, nor can the timeliness, accuracy and balance of the information presented be guaranteed. The text is in no way a substitute for the professional advice of a physician or pharmacist and it should not be used as a basis for independent diagnosis and initiation, modification or termination of treatment of any disease. Always consult your trusted doctor if you have any health questions or complaints! Foodpunk GmbH and authors assume no liability for any inconvenience or damage resulting from the use of the information presented here.
15. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes.
Status: 21.07.2021