Terms & Conditions

General Terms & Conditions

1. Scope
2. Offers and services
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. Payment
7. Retention of title
8. Warranty
9. Liability
10. Saving the contract text
11. Data protection
12. Jurisdiction, applicable law, contractual language
13. Disclaimer and general note on medical topics
14. Dispute settlement

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 “Customer”), the following general terms and conditions shall apply in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints via the contact form as well as by e-mail at hello [at] foodpunk.com.
1.3. Consumers within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can not be predominantly attributed to his commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.

2. Offers and services
2.1. The presentation of the products in the online shop is not a legally binding offer, but a request for an order. Performance descriptions in catalogs as well as on the websites of the seller have not the character of an assurance or guarantee.
2.2. All offers are valid as long as stocks last, unless otherwise stated. Errors and omissions are reserved.

3. Ordering process and conclusion of contract
3.1. The customer can select from the assortment of the seller products without obligation and collect these by clicking the “add to cart” in a so-called shopping basket. Afterwards, the customer can go to the end of the ordering process by clicking on the button “Continue to Checkout”.
3.2. Via the “Buy” button, the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time. Required fields are marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail in which the order of the customer is re-listed and which the customer can print out using the function “print” (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within 2 days, has confirmed to the customer within two days with a second e-mail, order confirmation or delivery of the invoice.
3.4. If the seller allows a prepayment, the contract comes with the provision of the bank data and payment request. If, despite the due date, the payment has not been received by the seller up to 10 calendar days after dispatch of the order confirmation, the seller reverts from the contract with the result that the order is lapsed and the seller does not have a delivery obligation. The order is then canceled for the buyer and seller without further consequences. A reservation of the article with prepayment payments therefore takes place for for 10 calendar days.

4. Prices and shipping costs
4.1. All prices shown on the website of the seller are inclusive of the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller will charge shipping for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
4.3. For digital products (PDF download) no shipping charges will be charged.

5. Delivery, product availability
5.1. If advance payment has been agreed, delivery will be made upon receipt of the invoice amount.
5.2. Should not all ordered products be in stock, the seller is entitled to partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.3. Should the delivery of the goods fail due to fault of the buyer despite three attempts to deliver the goods, the seller can withdraw from the contract. Payments will be reimbursed to the customer without delay.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier without his own fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If a comparable product is not available or if the customer does not wish to deliver a comparable product, the seller will immediately refund the customer already compensated.
5.5. Customers are informed of delivery times and delivery restrictions (for example, restrictions on deliveries to specific countries) on a separate information page or within the respective product description.
5.6. Meal plans and other digital products are delivered via Download Link oder file transfer.

6. Payment
6.1. The customer can choose from the available payment methods within the framework and before the completion of the order process. Customers are informed about the available funds on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without any deduction.
6.3. If third parties are charged with payment processing, e.g. Paypal. Their general terms and conditions of business apply.
6.4. If the payment is due according to the calendar, the customer is already in default by default. In this case, the customer shall pay the statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not preclude the seller from asserting further default damages.
6.6. The customer is only entitled to set off his counterclaims if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. Retention of title
The delivered goods remain the property of the vendor until full payment has been received.

8. Warranty
8.1. The warranty is determined by law.
8.2. There is a guarantee for the goods supplied by the seller only if this has been expressly given. Customers are informed about the warranty conditions before the initiation of the ordering process.

9. Liability
9.1. The following exclusions and limitations of liability apply to a liability of the seller for damages without prejudice to the other statutory requirements.
9.2. The seller is liable without limitation, insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfill the proper execution of the contract at all and which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Saving the contract text
10.1. The customer can print the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address specified by him. With the order confirmation, the customer also receives a copy of the GTC, including instructions for revocation and the instructions on shipping costs, as well as terms of delivery and payment. If you have registered in our shop you can see your orders placed in your profile area. We also store the text of the contract but do not make it available on the Internet.

11. Data protection
11.1. The seller processes personal data of the customer according to the legal requirements.
11.2. The personal data (such as name, e-mail address, address, payment data) for the purpose of ordering goods are used by the vendor to fulfill and process the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right, on request, to receive information about the personal data that has been stored by the seller about him / her free of charge. In addition, he has the right to correct incorrect data, block and delete his personal data, in so far as no statutory retention is required.
11.4. For further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller, please refer to the data protection statement.

12. Jurisdiction, applicable law, contractual language
12.1. Jurisdiction and place of performance shall be the place of business of the seller if the customer is a merchant, a legal person of public law or a public special fund.
12.2. The contract language is English.

13. Disclaimer and general note on medical topics

The contents presented here serve exclusively for neutral information and general advanced training. They do not constitute a recommendation or application for the described or mentioned diagnostic methods, treatments or medicinal products. Nutritional plans are drawn up to the best of our knowledge and belief. They are merely a recommendation, which the user himself has to check and, if necessary, to consult with his doctor. The text does not claim to be complete nor can the actuality, correctness and balance of the information provided be guaranteed. The text does not replace expert advice from a physician or pharmacist and should not be used as a basis for the independent diagnosis and start, modification or termination of a disease treatment. Always consult your doctor if you have any health problems or complaints.Foodpunk GmbH and authors assume no liability for inconvenience or damage resulting from the use of the information presented here.

14. Dispute settlement

he European Commission provides a platform for online dispute resolution (OS), which can be found here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of their disputes.

Last edited: 16.08.2017