Terms of service
General Terms and Conditions
1 Scope of application
These General Terms and Conditions (GTC) apply to all orders placed via our online store by consumers and companies.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB). An entrepreneur 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 (Section 14 BGB).
These General Terms and Conditions shall also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2 Contractual partner, conclusion of contract
The purchase contract is concluded with MySpirulina GmbH, Schauenburgerstr. 116, 24118 Kiel, represented by the managing director Ben Schwedhelm.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by e-mail immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate e-mail.
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our GTC by e-mail. You can view the terms and conditions here on this page at any time. For security reasons, your past orders are no longer accessible via the Internet.
3. prices, shipping costs, payment, due date, invoice
- The prices quoted include statutory VAT and other price components. Any shipping costs are added. The consumer has the option of paying by PayPal, Klarna, prepayment, instant bank transfer, credit card and other options specified in the store.
Invoices can be sent by post or e-mail, at our discretion. The customer agrees to receive invoices electronically. Electronic invoices are sent to the customer by e-mail in PDF format to the e-mail address provided. At the express request of the customer, invoices can also be sent by post at any time.
4. delivery
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the object of performance shall pass to the customer as soon as the goods are handed over for transportation. This applies irrespective of whether the shipment is made from the place of performance and who bears the transportation costs. If the customer is in default of acceptance, thenthe risk is transferred from the time of notification of readiness for shipment.
The provider shall deliver ordered goods either itself or by commissioning third parties to the delivery address specified by the customer.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to packing stations.
The following applies to products marked as “pre-order”:
- Shipping takes place from the date specified in the product description
- We reserve the right to adjust the delivery date appropriately in the event of production or delivery delays. In this case we will inform you immediately.
- For pre-orders, the purchase price is due either immediately on completion of the order or on dispatch, depending on the payment method selected.
5. Widerrufsrecht
Consumers are entitled to the statutory right of withdrawal in accordance with § 355 BGB, as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
6. reservation of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7 Warranty and guarantees
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. If the delivered goods are defective, the customer shall be entitled to the statutory warranty rights, according to which he is initially limited to the right to subsequent performance, within the scope of which he can choose between rectification of the defect or delivery of a defect-free item. However, the provider may refuse the chosen type of supplementary performance if it involves disproportionate costs for the provider. If the customer is an entrepreneur, the provider shall choose the type of subsequent performance. If the type of supplementary performance to which the customer is entitled fails or is unreasonable for him, he is entitled to reduce the purchase price, withdraw from the contract in the case of a not insignificant defect and/or claim damages.
The customer is requested to notify the provider in text form of any obvious defects in the goods, in particular transport damage, as soon as possible, but within two weeks of receipt of the goods. If such notification is not made or not made in due time, this shall not affect the customer's contractual rights. For commercial transactions with merchants, the provisions of Section 377 of the German Commercial Code (HGB) on the commercial obligation to give notice of defects shall apply by way of derogation.
If the customer or a third party commissioned by him has attempted to remedy the defect himself, but has thereby increased or caused further defects, liability for defects shall be excluded in this respect.
8. final provisions
Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For contracts with consumers, this choice of law shall only apply insofar as it does not withdraw the protection of mandatory provisions of the law of the country in which the consumer has his habitual residence.
