GENERAL TERMS AND CONDITIONS
§1 GENERAL/SCOPE OF APPLICATION
Provider and contractual party for all deliveries, services and offers is
Detox Delight GmbH & Co.KG
(registered at the local court of Munich under HRA 92945),
represented by AMP Beteiligungsgesellschaft mbH
(registered at the local court of Munich under HRB 175022),
represented by Astrid Purzer (manager)
Falkenstr. 7a / RG
Tel: + 49 (0)89 4524 0772
Fax: 49 (0) 89 45240773,
hereinafter referred to as "Detox Delight" or "we".
Any agreements and offers are exclusively based on the following terms and conditions in the version valid at the time of the conclusion of the contract. Any contradicting condition of customers does not constitute a part of the contract unless expressly admitted by Detox Delight.
§ 2 CONCLUSION OF CONTRACT
Sending the order form provided on our website represents a binding offer to conclude a contract with us. An order is made by filling out all information requested during the order procedure and by subsequently sending the order form to us by clicking the button "Buy". A contract between you and Detox Delight will come into effect with the order confirmation with which we confirm the receipt of your order via email and once the ordered goods have been delivered to you by us.
Orders by Other Means of Telecommunication
The contract with us will come into effect once we have expressly accepted the offer submitted to us via any means of telecommunication by a respective notice send to you (order confirmation by email) or with the immediate delivery of the goods to you.
Contractual language is German or English.
A cancellation without charge is only possible if it is received by us at least 10 working days before you are due to start your chosen program (starting date).
- received 5-9 working days prior to the start of the program will be charged at 50% of the price,
- received less than 5 working days prior to the start of the program will be charged at 100% of the price.
The right of revocation under § 4 of these Terms and Conditions remains unaffected.
§ 4 RIGHT OF REVOCATION
In case of a distance contract the customer, provided that he is a consumer, is entitled to the following right of revocation: You can revoke your contractual declaration within 14 days without stating any reasons in written form (e.g. by letter, fax, email) or, in case the goods are delivered to you before this time limit has expired, by returning the goods. The time limit starts with the receipt of these instructions in written form, but not before the goods have been received by the receiver (in case of recurring deliveries of similar goods, not before the first partial delivery has been received) and also not before our obligations to inform in accordance with Article 246 Section 2 in conjunction with Section 1(1) and (2) of the Introductory Act to the German Civil Code (EGBGB) and our obligations in accordance with Section 312g(1) sentence 1 German Civil Code (BGB) in conjunction with Article 246 Section 3 EGBGB have been fulfilled. The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period. The revocation shall be given to:
Detox Delight GmbH & Co.KG
Falkenstr. 7a / RG
Consequences of Revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable to restitute the received performances and emoluments (e.g. advantage of using) to us in whole or in parts or can only restitute it in a deteriorated condition, you are obligated to compensate us for the lost value. Compensation of lost value for deterioration of the goods and for emoluments shall only be made if the emoluments or the deterioration can be attributed to a handling of the goods which exceeds the examination of their quality and functionality. "Examination of quality and functionality" refers to the examination and testing of the respective goods as it is possible and common practice in a retail store. An obligation for compensation can be avoided by not using the goods like an owner and refraining from any actions influencing the value of the goods. Things that can be shipped by parcel are to be returned on our risk. The regular costs for returning the goods shall be borne by you provided that the delivered goods match the ordered goods and that the price of the things to be returned does not exceed an amount of Euro 40 or, in case of a higher price, if you have not yet made the consideration or contractually agreed partial payment at the time of the revocation. In any other case the return shall be free of costs for you. Things that cannot be shipped by parcel will be picked up. All reimbursement obligations must be fulfilled within 30 days. For you, the time limit starts with the giving of the declaration of revocation or the returning of the goods, for Detox Delight, it starts with the receipt thereof.
Exclusion of Revocation
The right of revocation does not apply to distance contracts for the delivery of goods which are to be prepared in accordance with customer specifications or which are clearly customized to personal requirements or which are unsuitable for returning due to their character or which can decay quickly or the expiration date of which has been passed.
Your order data is saved by us but cannot be retrieved directly due to security reasons. Each customer is granted personal and password protected access (mydelight account). In the account, address information can be managed, order history and status of current orders can be viewed and you can subscribe or unsubscribe to our newsletter. The customer undertakes to treat the personal access data as confidential and not to grant access to unauthorized third parties. We are not liable for abusively used passwords.
Your data is collected, processed and saved in order to process your order and for the purposes of our customer service. Our subcontractors contracted by us for the order processing (logistics and courier services) also receive the respective necessary data. Your correct address data is generally necessary for the order processing. Your telephone number is required for further inquiries. Your email address is required for the confirmation of the receipt of your order and for any further correspondence with you. At the end of your order you will receive all data related to the contract for you to file and print.
SSL (Secure-Socket Layer)
The data sent by you as a customer to the server via internet is protected by SSL. SSL allows triple security.
1. Any information submitted to us is encrypted. 2. The protocol ensures that the form is only sent back to the server by which it is opened. 3. The protocol verifies whether the information reaches its respective receiver in complete and unchanged form.
Your order at Detox Delight can be paid via Paypal, Sofortüberweisung or credit card. We accept MasterCard, Visa and American Express. All payments are made solely in Euros.
Payment via Credit Card
1. You enter your credit card information on our secure check out page.
2. After your card has been verified and charged by our online payment service provider, you will receive a transaction confirmation via email.
Payment via Sofortüberweisung/Paypal
Detox Delight reserves the right to only affect the order against advance payment in individual cases or if payment is rejected by the provider of the respective payment method. In such case, the customer has the right to either accept that or to revoke his order. Any costs incurred by a reverse of a payment transaction due to a lack of coverage or incorrect information given by the customer will be charged to the customer. In case of a default of payment, Detox Delight has the right to charge default interest in the amount of at least 5 percent above the then valid base lending rate in accordance with the German Discount Rate Transition Act (Diskontsatzüberleitungsgesetz), however at least 5% p.a.
1. Our menu options "Juice Delight" and "Juice & Soup Delight" are delivered to any destination in Germany and Austria, "Botanical Delight" and "Juice & Dinner Delight" are only delivered within Munich (urban area including outer suburbs like Grünwald). Under certain conditions and against a delivery surcharge, we may also deliver to postcode areas in the greater area of Munich. In order to discuss the possibility of an exceptional delivery, you need to contact us under email@example.com by stating the complete address of your desired delivery destination. We will, of course, inform you about the amount of the delivery surcharge prior to your order.
2. The delivery will be carried out by a transport company contracted by us. We reserve the right to refuse a delivery if the delivery address is not located within the valid delivery area, a preceding delivery could not be delivered after various delivery attempts or if the customer is unable to pay.
3. We will have the goods delivered to the address given as delivery address in the respective order. We reserve the right not to deliver to all destinations and will inform you upon your registration in case we will not deliver to your address.
4. You bear the responsibility of taking appropriate steps to ensure that the delivery can be made properly and the goods received accordingly. You shall also ensure that we are provided with appropriate instructions to carry out the delivery. If a personal delivery is not possible, an explicit permission to leave the package needs to be granted in the course of the order procedure.
5. We do not assume any liability and will not render any compensation for lost or damaged goods left at your front door or at another location designated by you upon your request.
6. In case we cannot deliver your goods to your designated location for any reason, we will try to contact you to arrange an alternative delivery option. We will therefore contact you under the telephone number provided by you in your mydelight account. It is in your responsibility to ensure that you are reachable at this number. Should it in such case not be possible for us to deliver your goods, Detox Delight has the right to nonetheless charge you for the delivery.
7. You can change the delivery address and the time of your daily delivery or grant an additional permission to leave the package within 36 hours prior to the respective delivery via email to firstname.lastname@example.org, provided that such changed delivery address is located within the stated delivery areas and such new delivery time is within the stated delivery time frame. We will take our best efforts to meet your delivery requests. However, we cannot guarantee that the deliveries will be made exactly within the requested or stated delivery time frame every day. We do not assume any liability for late deliveries. The delivery date is not part of this contract.
8. We do not assume any liability for inconveniences or loss incurred by late or not delivered goods due to force majeure.
9. Wrong deliveries or delivered products which are not in compliance with our General Terms and Conditions will not be charged. With regard to any wrong delivery, our liability shall be limited to the price of the incorrect products.
10. It is your responsibility to check all deliveries for completeness and correctness as soon as possible after receiving them and to immediately inform us via telephone or email about any missing or incorrect goods.
11. In case you do not inform us about incomplete or incorrect deliveries until 12:00 a.m. on the day of the delivery, we reserve the right not to refund or replace the delivery, but to treat the respective delivery as fulfilled for that day, unless we agree otherwise. Guarantee claims are not affected hereby.
§8 INFORMATION REGARDING HEALTH & NUTRITION
1. We cannot guarantee compliance with specific nutritional or dietary instructions. We do not take account of individual dietary needs and must refer you to your doctor in such cases. Although it is our goal to offer nutritionally balanced meals, our products do in no way replace a comprehensive personal consultation with a qualified nutritionist.
2. Detox Delight programs are not suitable for everyone to the same extent and should not be carried out if you have severe impairment of the digestive tract or if you are pregnant or breast feeding. If you are on long-term medication, suffer from diseases such as diabetes mellitus, severe cases of cancer or AIDS or have any other medical concerns, please consult your doctor prior to beginning a detox program.
3. We regret that we are currently unable to deliver to persons suffering from allergies carrying the risk of anaphylactic shock or those who are reliant on insulin on a regular basis.
4. The general information on health, detoxification and nutrition provided on our website and in other informative material are not comparable to obtaining medical advice and are not specifically designed to suit your individual requirements.
5. Detox Delight produces its juices and dishes in a kitchen where nuts are also processed. It can therefore not be excluded that traces of nuts are contained in apparently nut-free dishes. By placing your order, you acknowledge that we cannot be held responsible for possible reactions to nuts or any other ingredient.
6. Please feel free to contact us should you wish to discuss any specific dietary requirements. In specific cases, we might be able to fulfill individual requirements fully or in part. We do not assume any responsibility for any unsuccessful attempt to fulfill specific requirements.
§ 9 GUARANTEE
Should the delivered goods be defective, we have a right for supplementary performance (removal of defects or replacement delivery). In case the supplementary performance is not made within an appropriate period of time or is denied, you have the right to withdraw from the purchase contract in case of a serious deficiency, or to request an appropriate reduction of the purchase price or compensation. The guarantee period is two years starting with the delivery of the goods, provided that the customer is a consumer. Should the purchaser be a businessman, a corporate body under public law or a special fund under public law, the guarantee period is one year starting with the delivery of the goods.
1. In case of a slightly negligent breach of duty and provided that the customer is a consumer, Detox Delight's liability shall be limited to the foreseeable and direct standard loss typical for this kind of contract. This shall also apply to slightly negligent breach of duty by employees, representatives or servants of Detox Delight.
2. Should the customer be a businessman, a corporate body under public law or a special fund under public law, any claims for compensation shall be excluded, irrespective of the kind of breach of duty, including tort, unless in case of a deliberate act or grossly negligence. In case of a breach of material contractual obligations, Detox Delight shall be liable for each negligence, however, limited to the amount of the foreseeable loss. Claims for loss of profit, saved expenses from third party claims for compensation and for other indirect damages or consequential damages cannot be asserted.
3. To the extent the liability of Detox Delight is excluded or limited under Sec. 10.2, this shall also apply to employees, representatives and servants of Detox Delight.
4. The exclusions and limitations of liability under Sec. 10.1, 10.2 and 10.3 shall not apply to claims based on fraudulent behavior of Detox Delight, as well as to a liability for guaranteed characteristics of state, to claims in accordance with the German Law on Product Liability (Produkthaftungsgesetz) and to damages arising out of injury of life, body or health.
§ 11 RETENTION OF TITLE
Delivered goods remain our property until fully paid.
All contents on this website (including all text, graphics, illustrations, photographs, animations) are subject to copyright. Any usage requires our prior explicit authorization in writing.
§13 FINAL PROVISIONS
1. The contract is subject to German law under the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The customer may only offset such claims against our own as are undisputed or legally valid. An assignment of claims by the customer vis-à-vis Detox Delight is not permitted.
3. Should the purchaser be a businessman, a corporate body under public law or a special fund under public law, Munich shall be exclusive place of jurisdiction for all disputes directly or indirectly arising out of the contract.
4. Should one provision of these Terms and Conditions or a provision of any other agreement be or become invalid, the validity of all other provisions or agreements shall not be affected thereby.