Terms and Conditions

§ 1 General, scope

  1. These business General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between egg.de GmbH (hereinafter referred to as “Supplier”) and its Customer in the version that was in effect upon execution of the contract.

  2. Any business terms and conditions of the Customer that deviate from the present document shall not apply.

  3. Both consumers and businesses are deemed to be Customers under §1 (1). A consumer is any natural person for whom the purpose of the order is not attributable to a commercial trading, self-employment, or freelance activity. A business, however, is a natural or legal entity, or a legally capable partnership that places orders for purposes of commercial trading, self-employment, or freelance activities.

§ 2 Orders for one-time deliveries and effective date of contract

  1. The presentation of the products in the internet shop does not constitute a binding offer on the part of the Supplier resulting in the establishment of a sales contract. The Customer is thereby merely requested to make an offer by placing an order. The Customer may view previous orders in his/her user account.

  2. When one or more products are selected, they are placed in the virtual shopping basket. All of the selected products may be viewed in the shopping basket. The number of products being ordered may also be changed there; and a product that has been included in the order may be removed. When you click the “Checkout” button, you will be asked to enter the information needed for delivery and to select a payment method. Before the order is concluded, you will see a summary of all the information that is relevant to the order. When you press the “Buy Now” button, the ordering process will be ended and the order will be sent.

  3. By submitting an order in the internet shop the Customer is making a binding offer with the aim of concluding a sales contract for the merchandise in the shopping basket. By submitting an order the Customer also affirms that solely these General Terms and Conditions govern the legal relationship with the Supplier.

  4. The Supplier shall confirm receipt of the Customer's order by sending a confirmation email. However, this order confirmation does not yet constitute acceptance of the contract offer by the Supplier. It merely serves to notify the Customer that the order has been received by the Supplier. Notification that the contract offer has been accepted shall be provided within two days by shipping the merchandise or by giving express notice of acceptance.

  5. In contrast to §2 (4), when the purchase is made by prepayment, the order confirmation simultaneously constitutes the acceptance of the contract offer.

§ 3 Orders, notice of termination, and execution of the contract in the case of subscriptions

  1. The presentation of the merchandise in the form of a subscription in the internet shop does not constitute a binding offer on the part of the Supplier resulting in the establishment of a subscription. The Customer is thereby merely requested to make an offer by placing an order. The Customer may examine the GTC at any time at www.foodspring.de/agb.html.

  2. After the survey in the “Body Check” area has been completed and one or more products have been selected, the Customer is given the opportunity to order various subscriptions, which differ with regard to the purchase price and length of the subscription. The products covered by the subscription may be viewed in the shopping basket. When you click the “Checkout” button, you will be asked to enter the information needed for delivery and to select a payment method. Before the order is concluded, you will see a summary of all the information that is relevant to the order. When you press the “Buy Now” button, the ordering process will be ended and the order will be sent.

  3. By submitting an order in the internet shop the Customer is making a binding offer with the aim of concluding a sales contract for the merchandise in the shopping basket. By submitting an order the Customer also affirms that solely these General Terms and Conditions govern the legal relationship with the Supplier.

  4. The subscriptions that may be selected by the Customer differ in length as follows.

    • 3-month subscription

      • Monthly delivery of the merchandise that has been ordered

      • The term of the contract is three months. In other words, the contract automatically ends after three months, and notice of termination does not also need to be given by the Customer.

      • Beginning on the date that the subscription starts, the packages are shipped each month on the same day of the month provided that this day does not fall on a weekend. (Example: If the subscription starts on 12 November, shipping of the next packages is scheduled for 12 December, 12 January, etc.)

    • 12-month subscription

      • Monthly delivery of the merchandise that has been ordered

      • The term of the contract is 12 months. In other words, the contract automatically ends after 12 months, and notice of termination does not also need to be given by the Customer.

      • Beginning on the date that the subscription starts, the packages are shipped each month on the same day of the month provided that this day does not fall on a weekend. (Example: If the subscription starts on 12 November, shipping of the next packages is scheduled for 12 December, 12 January, etc.)

  5. The Supplier shall confirm receipt of the Customer's order by sending a confirmation email. However, this order confirmation does not yet constitute acceptance of the contract offer by the Supplier. It merely serves to notify the Customer that the order has been received by the Supplier. Notice that the contract offer has been accepted shall be given within two days via the first shipment of the merchandise selected in the subscription or via an express notice of acceptance.

  6. Notices of termination can be sent anytime to service@foodspring.de or to the following address.

    egg.de GmbH
    Subject: Notice of termination
    Chausseestraße 8E
    10115 Berlin

    The terms of cancellation per §14 of this G TC shall apply.

§ 4 Prices

  1. The prices listed for the products at the time and order is placed apply to orders. All of the stated prices include the German statutory value-added tax but do not include shipping costs. Additional costs shall be stated separately in the invoice.

§ 5 Terms of delivery

  1. For deliveries to destinations in Sweden, shipping costs in the amount of 59 kr shall be billed for merchandise values less than 599 kr. For merchandise values greater than 599 kr, shipping to destinations in Sweden will be free of charge.

  2. For deliveries to destinations in Finland, shipping costs in the amount of €6,90 shall be billed for merchandise values less than €59.00. For merchandise values greater than €59.00, shipping to destinations in Finland will be free of charge.

  3. For deliveries to destinations in Denmark, shipping costs in the amount of 49 kr shall be billed for merchandise values less than 499 kr. For merchandise values greater than 499 kr, shipping to destinations in Denmark will be free of charge.

  4. For deliveries to destinations in the UK, shipping costs in the amount of £5.90 shall be billed for merchandise values less than £49. For merchandise values greater than £49 shipping to destinations in the UK will be free of charge.
  5. The Supplier may make partial shipments and perform partial services. The Supplier shall bear the resultant costs.

  6. Delivery within Scandinavia and the UK shall be via UPS. The Supplier ships merchandise from Monday through Friday noon.

  7. If a buyer does not accept the merchandise, the Supplier may sell the merchandise to a third party after a period of 2 weeks and may hold the original buyer responsible for any resultant losses that may result.

  8. If the merchandise cannot be delivered as a result of force majeure or product discontinuation, or if the Supplier cannot procure the products that were ordered at reasonable terms and conditions, and if such circumstances do not occur until after a contract has taken effect and the Supplier is not accountable for them, the Supplier shall be released from the obligation to deliver the merchandise. If events that make it significantly more difficult or impossible for the Supplier to deliver merchandise - for example: strikes, lockouts, actions by regulatory agencies, etc. - the Supplier shall not be responsible for delays, even in the case of contractually agreed grace periods and dates.

  9. If you exercise your right to cancel a purchase, the Supplier shall bear the normal costs of the return shipment.

§ 6 Terms of payment

    1. In the case of one-time orders that do not constitute subscriptions, we offer prepayment, pay by invoice after delivery, pay by credit card (Visa, MasterCard), bank withdrawal (Direct Debit), PayPal, and SOFORT Überweisung as payment methods. We reserve the right to exclude certain payment methods.

    2. For orders that constitute subscriptions after a Body Check has been completed, we offer the payment methods: credit card (Visa, MasterCard) and bank withdrawal (Direct Debit). We reserve the right to exclude certain payment methods.

    3. In the case of payment via prepayment, the payment is due immediately when the contract takes effect. Please send the total amount to the following banking connection

       

      Account holder: Payone
      Account number: 225 201 20
      Bank routing number: 210 700 20
      IBAN: DE87 2107 0020 0022 5201 20
      BIC: DEUTDEHH210
      Bank: Deutsche Bank

       

       

    4. If you pay by credit card, the amount is reserved when the order is placed; the account is debited when the merchandise is shipped.

      PAYONE GmbH
      Fraunhoferstraße 2-4
      24118 Kiel, Germany
      Registered Office: Kiel
      Local Court Kiel HRB 6107
      Managing Directors: Carl Frederic Zitscher, Jan Kanieß
      A member of the Sparkasse Finance Group

 

  1. In the case of a subscription, the account is debited monthly when the merchandise is shipped.

  2. Pay after Delivery (Klarna)

    • In cooperation with Klarna we give you the option to Pay after Delivery. Please note that Klarna only offers the Pay after Delivery method for consumers, and that payment must always be made to Klarna.

    • With Klarna's Pay after Delivery method, you always receive the merchandise first and always have a grace period of 14 days to pay the invoice. You can view the complete general terms and conditions for Pay after Delivery here. For purchases via Pay after Delivery with Klarna, the online shop charges a fee of 0 euros per order.

       

    • Data protection information: Klarna reviews and evaluates your data and exchanges data with other companies and credit reference agencies if there is a justified interest and reason for doing so. Your personal data will be treated in compliance with applicable data protection regulations and in accordance with the information stated in the Klarna Privacy Statement.

  3. The Supplier also utilizes reliable third parties to process payments. The Supplier accepts payments to such third parties if they are necessary in order to meet contractual obligations (§364 II BGB). Specifically, this is currently the payment process services provider PAYONE GmbH & Co. KG., which already serves a large number of large and small businesses and which processes payments for the Supplier. Address: PAYONE GmbH & Co. KG Fraunhoferstraße 2-4 24118 Kiel, Germany

§ 7 Transfer of risk

  1. In the case of Customers, the risk of an unforeseeable loss and an accidental deterioration of the ordered merchandise is transferred to the Customer, or a consignee designated by the Customer, upon handover. This applies regardless of whether or not the shipment was insured. In all other cases, the risk of an unforeseeable loss and an accidental deterioration of the ordered merchandise is transferred to the Customer, or a consignee designated by the Customer, upon handover; in the case of merchandise shipped by the seller to the buyer, this risk is transferred to the buyer when the merchandise is delivered to the carrier or to the person or organization that is otherwise selected to transport the consignment.

§ 8 Retention of title

  1. In the case of consumers, we retain ownership of the merchandise being purchased until the invoice amount is fully paid. If you are a business engaged in a commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we retain ownership in the purchased merchandise until all outstanding accounts receivable arising from the business relationship with the ordering party are settled. The corresponding security interests may be assigned to third parties.

§ 9 Due dates

  1. The payment of the purchase price is due when the contract takes effect

§ 10 Warranties/deficiencies

  1. The provisions of law relating to warranties apply.

    Important notice: Please consult your physician in the event of known intolerances. This also applies to possible interactions with other products that you are consuming at the same time.

§ 11 Liability disclaimer

  1. Must otherwise agreed below, the Customer has no right to claim for damages. The above liability disclaimer also applies to legal representatives and agents of the Supplier should the Customer make claims against them.

  2. Excluded from the liability disclaimer set forth in number 1 are claims for damages arising from injury to life, limb, health, and damage claims arising from the violation of essential contractual obligations. Essential contractual obligations are those that must be performed in order to achieve the purpose of the contract. For example, the Supplier must provide the merchandise to the Customer free of material defects and defects of title. Also excluded from the liability disclaimer is the liability for damages based on wilful or grossly negligent violation of the duties of the Supplier, its legal representatives, or agents.

§ 12 Prohibition of assignment and pledging

  1. Customers are prohibited from assigning or pledging claims or rights of the Supplier without the permission of the Supplier if the Customer cannot demonstrate that it has a legitimate interest in said assignment or pledging.

§ 13 Offsetting and retention rights

  1. The Customer only has a right to offset if its claim that is to be offset was found to be res judicata or is undisputed. Furthermore, you only have a right of retention if and insofar as your counter-claim is based on the same contractual relationship.

  2. If the Customer is late in making any required payments, all existing amounts payable shall be due immediately.
    If you have any questions regarding the collection, processing, or use of your personal data, regarding the disclosure, correction, blocking, or deletion of data, and regarding the retraction of any consents that have been granted, please contact: service@foodspring.at

§ 14 Cancellation policy

You have the right to cancel this contract within fourteen days without stating the reason(s) why.

This cancellation time limit is 14 days:

  1. In the event of a sales contract, beginning with the day on which you or a third party designated by you, who is not the carrier, will take possession or has taken possession of the merchandise.

  2. In the event of a contract pertaining to a number of merchandise items that were ordered in a single order and that are delivered separately, beginning with the day on which you or a third party designated by you, who is not the carrier, will take possession or has taken possession of the last merchandise.

  3. In the event of a contract for the regularly scheduled delivery of merchandise during the course of a specified time period, beginning with the day on which you or a third party designated by you, who is not the carrier, will take possession or has taken possession of the first merchandise.

To exercise a right of cancellation, you must inform us (foodspring, a trademark of egg.de GmbH, Chausseestraße 8E, 10115 Berlin, service@foodspring.at) by means of a clearly stated declaration of your decision to cancel this contract (for example, a letter sent by surface mail or an email). You may use the attached sample cancellation form for this purpose, however it is not required that you use this form. [3]

To comply with the cancellation time limit, it is sufficient if you send the notification regarding the exercise of your cancellation right before the cancellation time limit has expired.

Consequences of the cancellation

If you cancel this contract, we must pay back all payments that we have received from you, including the delivery charges (with the exception of additional charges that result if you selected a form of delivery that differs from the most economical standard delivery offered by us) promptly and at the latest within 14 days from the day on which we received the notification that you are cancelling this contract. We use the same payment method for this repayment as the one that you used in the original transaction, unless otherwise expressly agreed to with you; in no case will you be charged for expenses arising from this repayment. We may refuse repayment until we have received the merchandise or until you have provided documented verification that you have returned the merchandise, whichever takes place first.

You must return or transfer possession of the merchandise promptly - in any event no later than within 14 days from the day on which you informed us of the cancellation of this contract - to

RHIEM Services GmbH
Tor 5-7 oder 10-13
Zunftweg 16/20
46562 Voerde
Germany

The time limit is granted when you send back the merchandise before the time limit of 14 days has passed.

You only need to pay for any loss in the value of merchandise when this loss of value is attributable to handling of the merchandise that is not necessary to check the condition, properties, and proper operation of the merchandise.

§ 15 Cancellation form

If you want to cancel the contract, please fill out this form and return it to us.

To:
egg.de GmbH,
Chausseestraße 8E
10115 Berlin
service@foodspring.at

I/we (*) hereby cancel the contract that I/we entered into regarding the purchase of the following merchandise (*) / the performance of the following services (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s):

- Address of the consumer(s):

______________________________

______________________________

______________________________

- Address of the consumer(s) (only when communicated on paper):

______________________________

- Date:

(*) Draw a line through any items that do not apply.

§ 16 Statutory liability for defects

  1. Statutory liability for defects applies to all of our products.

§ 17 Money-back guarantee

  1. Extending beyond the statutory cancellation time limit, the Customer may return the products within 16 days with the right to reimbursement of the purchase price. This period of limitation begins following receipt of the goods after the statutory cancellation time limit has expired.

  2. In this case, the customer is only entitled to the money-back guarantee if not more than one third of the original contents of the product has been consumed and the downloadable document, which is available at the following link, has been filled out. This document contains all of the additional details needed to carry out this procedure correctly. The product must be returned at the customer's expense.

    Download: Money-back guarantee

  3. The money-back guarantee applies exclusively to the following products and their flavours. Bio Protein, Whey Protein, 3K Protein, Vegan Protein, Shape Shake, Creatine Powder, Creatine Capsules, BCAA Capsules, L-glutamine, L-arginine, L-carnitine, Daily Vitamins, ZN:MG, Shape Caps, Choline Inositol.

  4. After the product has been successfully received by the Supplier within the limitation period of 16 days, and if all of the requirements referred to above have been met, the full purchase price will be paid back to the customer.

§ 18 Credit vouchers & Refer Friends

  1. Credit vouchers may not be purchased. Instead, they are distributed as part of advertising campaigns. There are only valid within the specified time limit. The voucher becomes invalid after it has been used one time or after the validity period has expired. Individual products may be excluded from the credit voucher promotion.

  2. When new customers are successfully recommended through the “Refer Friends” program, the registered user of foodspring.de shall receive a credit of €15. Only registered users who have already placed and paid for an order at foodspring.de can refer friends. The credit is granted exclusively for referrals to new customers, in other words customers who have not previously been foodspring.de customers, as soon as said new customers have completely placed and paid for an order. New customers acquired through the Refer Friends program also receive a credit in the amount of €15 upon registration. This credit cannot be claimed until a minimum order amount of €40 is reached, and it cannot be claimed in connection with a credit voucher. Furthermore, it cannot be paid in cash. The credit is valid for one year.

  3. For administrative reasons, it is not possible to pay any unpaid balances from credit vouchers or credits. If the value of a credit voucher or of the credit is not sufficient for the order, the remaining amount can be settled by means of the available payment methods.

  4. Credit vouchers and credits may only be claimed before the ordering process is completed. They cannot be claimed retroactively.

  5. Credit vouchers and credits may not be assigned to third parties. Multiple credit vouchers cannot be combined.

  6. Credit vouchers are not granted when products are partially or completely returned. foodspring.de is not liable for the loss or theft of promotional vouchers.

§ 19 Applicable law & jurisdiction

  1. The laws of the Federal Republic of Germany shall apply to the contractual relationships between the Supplier and the customer. The mandatory consumer protection requirements of the country in which the Customer has his/her customary residence are excluded from this selection of applicable law. The application of the United Nations Convention on Contracts for the International Sale of Goods is prohibited.

  2. The jurisdiction for all disputes arising from the contractual relationship between the Customer and the Supplier is the Supplier's principal place of business if the Customer is a merchant, a legal entity under public law, or a special fund under public law.

§ 20 Data protection

  1. The provisions of our Privacy Statement apply to data protection.

§ 21 Access to text of the contract

  1. We store the text of the contract and send you the ordering data via email. You can view past orders in your customer account.

§ 22 Severability clause

  1. If a provision of these General Terms and Conditions becomes invalid, the validity of the remaining provisions is not affected thereby.


    egg.de GmbH
    Chausseestraße 8E
    10115 Berlin
    Email: service@foodspring.at

    Commercial registration number: HRB 151002 B, Amtsgericht Charlottenburg
    General Managers Philipp Schrempp, Tobias Schüle

    Last revised: May 2016

    The provisions of the Bürgerlichen Gesetzbuchs (BGB) [German civil code] referred to in this GTC may be found at http://bundesrecht.juris.de/volltextsuche.html