Terms of service

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Conditions

  5. Delivery and Shipping Conditions

  6. Duration and Termination of Subscription Contracts

  7. Retention of Title

  8. Liability for Defects (Warranty)

  9. Customer Account

  10. Data Processing and Data Protection

  11. Applicable Law

  12. Disclaimer

  13. Jurisdiction

  14. Alternative Dispute Resolution

 

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of FACTS AND SUPPS SCI GmbH, Rheinpromenade 4a, 40789 Monheim am Rhein, Germany (hereinafter referred to as "Seller"), apply to all contracts for the purchase and delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller via its online shop. Deviating terms and conditions of the Customer are not recognized unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur within the meaning of these GTC is any natural or legal person or a legal partnership that acts in the exercise of its trade, business, or profession when concluding a legal transaction.

1.3 The subject of the contract may include both a one-time delivery of goods and a recurring delivery of goods (hereinafter referred to as a "Subscription Contract"), depending on the product description provided by the Seller. In a Subscription Contract, the Seller undertakes to deliver the contractually agreed goods to the Customer at the specified intervals for the duration of the contract.

 

 

2) Conclusion of Contract

2.1 The product descriptions listed in the Seller's online shop serve to provide the Customer with a binding offer and do not constitute a binding offer from the Seller.

2.2 The Customer can submit an offer via the online order form provided in the Seller's online shop. In doing so, the Customer places the selected items in the shopping cart, goes through the electronic ordering process, and submits a legally binding offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer and conclude the contract by sending the Customer a written confirmation or a confirmation in text form (e.g., via email).

2.4 When selecting a payment method offered by PayPal, the contract is concluded at the moment the Customer completes the ordering process and clicks the corresponding button. Payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under PayPal's applicable terms and conditions.

2.5 The contract text is stored by the Seller after the conclusion of the contract and is sent to the Customer in text form (e.g., via email or letter) after the order has been completed. Beyond this, the contract text is not accessible. Customers who have created a user account in the Seller's online shop can view their order details through their password-protected customer account.

2.6 Before submitting the binding order via the Seller's order form, the Customer has the opportunity to detect and correct input errors. The magnification function of the browser can be used to better detect input errors. The Customer can correct their entries until they click the button that concludes the ordering process.

2.7 The contract is concluded exclusively in the German language.

2.8 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them is correct, so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that spam filters do not block the Seller's emails.

 

 

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's cancellation policy.

 

 

4) Prices and Payment Conditions

4.1 The prices listed are total prices and include the statutory value-added tax (VAT). Any applicable delivery and shipping costs are shown separately.

4.2 The payment methods available to the Customer are communicated in the Seller's online shop.

4.3 The Customer independently selects the preferred payment method from the available options.

4.4 If payment in advance by bank transfer is agreed upon, payment is due immediately upon the conclusion of the contract unless otherwise agreed.

4.5 If the "PayPal Credit" payment method (installment payment via PayPal) is selected, the Seller assigns the payment claim to PayPal. Before accepting the assignment declaration, PayPal conducts a credit check. The Seller reserves the right to refuse the "PayPal Credit" payment method if the credit check is negative. If the "PayPal Credit" payment method is accepted, the Customer pays the invoice amount directly to PayPal under the terms specified in the Seller's online shop.

4.6 When paying by credit card, the Customer authorizes the credit card company to charge the full invoice amount, including delivery and shipping costs, upon maturity by providing their credit card details.

4.7 When paying by Klarna Invoice, the payment is made to Klarna according to their terms of use. Further information can be found in Klarna's terms of use.

4.8 When paying via Immediate Bank Transfer (Klarna Sofort), the Customer must have an online banking account with PIN/TAN functionality. At the end of the ordering process, the Customer enters the necessary bank details, and the transaction is immediately confirmed.

4.9 When paying with Apple Pay or Google Pay, the payment is made directly from the Customer's account. The invoice amount is charged after authorization is completed.

 

 

5) Delivery and Shipping Conditions

5.1 The delivery of goods is carried out exclusively within Germany to the delivery address specified by the Customer unless otherwise agreed. The delivery address provided by the Customer during the order process is decisive. When paying via PayPal, the delivery address stored with PayPal is relevant.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred as a result. This does not apply if the Customer effectively exercises their right of withdrawal.

5.3 The Seller reserves the right to withdraw from the contract if it is not properly or timely supplied with the goods, despite entering into a corresponding hedging transaction with the necessary care. The Seller will promptly inform the Customer of the unavailability of the goods and refund any payments made without delay.

5.4 Self-collection of the goods is not possible for logistical reasons.

5.5 The delivery time is specified separately for the respective items or in the product description on the item page.

 

 

6) Duration and Termination of Subscription Contracts

6.1 The Customer has the right to pause or terminate a Subscription Contract at any time without giving reasons. The Customer must use the corresponding function in the Seller's online shop. The change takes effect as soon as the Customer activates the function and confirms the change.

6.2 During a subscription pause, the delivery of the contractually owed goods is suspended. The Customer can reactivate the subscription at any time.

6.3 Upon final termination of the subscription, no further deliveries will be made, and no further costs will be incurred by the Customer from that point forward. However, a termination of the subscription is only effective for future deliveries. If the termination occurs after the monthly delivery has already been prepared or shipped, the Customer is obligated to accept the delivery and pay the due amount. Returning already shipped products is excluded in this case.

6.4 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, considering all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or the expiry of a notice period is not reasonable.

6.5 Terminations must be made in writing or in text form (e.g., via email) if the online shop function is unavailable due to technical reasons.

 

 

7) Retention of Title

The Seller retains ownership of the delivered goods until the purchase price has been paid in full.

 

 

8) Liability for Defects (Warranty)

8.1 The statutory provisions on liability for defects apply.

8.2 Consumers are requested to report any goods delivered with obvious transport damage to the carrier and to inform the Seller. Failure to make such a complaint does not affect the statutory or contractual defect claims.

 

 

9) Customer Account

9.1 The Customer may register for a customer account in the Seller's online shop free of charge.

9.2 When registering a customer account, the Customer must provide their personal data and guarantee its accuracy and currency. Incorrect or incomplete information may lead to additional costs that will be charged to the Customer.

9.3 After registration, the Customer receives a confirmation email and must confirm their identity by clicking on a link contained therein.

9.4 Each Customer may only have one customer account. In the case of multiple registrations, the Seller may exclude the Customer from using the online shop.

9.5 The contract for the customer account may be terminated by either party at any time without giving reasons with immediate effect.

 

 

10) Data Processing and Data Protection

10.1 The data protection provisions of the Seller's privacy policy apply, which can be accessed at https://factsandsupps.com/en/policies/privacy-policy.

 

 

11) Applicable Law

The law of the Federal Republic of Germany applies, excluding the laws governing the international sale of movable goods.

 

 

12) Disclaimer

The consumption and use of all products is at your own risk. None of the listed products are intended for the treatment or therapy of existing conditions. No medical advice is provided. If any side effects occur, you should discontinue use immediately and consult your doctor. The information regarding the products comes from the manufacturer or the package insert. Please adhere to the consumption recommendations and do not exceed the indicated dosage. Keep the products out of the reach of children. The products are not suitable for consumption by children, adolescents, or pregnant women. We assume no liability for any health damages of any kind. Changes to the ingredients or erroneous information are beyond our control. Dietary supplements do not replace a balanced diet.

Notice Regarding Allergens and Cross-Contamination

We are committed to ensuring that customers with food intolerances can safely use our products. Although we exercise the utmost care in the production processes, we would like to point out that, in accordance with EU Regulation No. 1169/2011, there is a possibility of cross-contamination with gluten-containing grains (such as wheat, barley, oats, spelt), as well as with eggs and egg products, soy and soy products, lupins and lupin products. These substances are not regular ingredients in the products (unless explicitly stated), but due to production conditions, a very minimal cross-contamination cannot be entirely excluded. We recommend that, in case of specific concerns regarding food intolerances or allergies, you carefully review the ingredient list and consult your doctor before using a new product.

 

 

13) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law and is domiciled within the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the Seller's place of business.

 

 

14) Alternative Dispute Resolution

14.1 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.