Terms of Service

1. Scope

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

The following applies to Germany: According to § 13 BGB, consumers are any natural person who concludes a legal transaction for purposes that are predominantly
cannot be attributed to either their commercial or their self-employed professional activity.

The following applies to Austria: In the following conditions, "consumer" means "consumer" within the meaning of the Consumer Protection Act (KSchG).

The following applies to Switzerland: In the following conditions, under
"Consumer" means "consumer" under Swiss law.

Entrepreneurs are all natural and legal persons who are not consumers.

The following applies to entrepreneurs: the entrepreneur uses it
conflicting or supplementary general terms and conditions
whose validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Akbari & Vespermann GbR.

By placing the products in the online shop, we enter
binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of Delivery

Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.

We only deliver by mail. Unfortunately, a self collection of the product is not possible.

5. Payment

The following payment methods are generally available in our shop:

Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver
the goods after receipt of payment.

Credit card
When you place your order, you enter your credit card details. Your card will be charged immediately after placing the order.

SEPA Direct Debit
By submitting the order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called pre-notification). A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. The account will be debited after the goods have been shipped.

Immediately by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe SCA 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment order. The payment transaction is carried out within one bank business day after placing the order. You will receive further information during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.

6. Right of Withdrawal

Consumers have a right of withdrawal, as in the cancellation policy
described, too. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of Title

The goods remain our property until full payment. For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register. The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed 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. We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Damage in transit

The following applies to consumers: Are goods with obvious
Transport damage delivered, so please complain about such errors
as soon as possible to the deliverer and please contact us immediately. The failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance
be able.

9. Warranty and Guarantees

​​​​​​​9.1 Right to Liability for Defects

The following applies to consumers based in Germany and Austria:
The statutory liability for defects applies.

The following applies to consumers based in Switzerland :

As soon as it is possible in the normal course of business, you should check the condition of the item received and, if there are defects for which the seller has to provide a guarantee, notify the seller immediately. If the consumer fails to do this, the purchased one applies
item as approved, unless there are defects that were not recognizable in the usual examination. If such defects arise later, the notification must be made immediately after discovery, otherwise the item is also considered approved with regard to these defects.

Send in the defective product with a description of the defect
us back. You bear the transport costs incurred. We provide a guarantee by correcting defects. This is done at our discretion either by removing the defect (repair) or by delivering a defect-free item (replacement delivery). If the supplementary performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.

The following applies to entrepreneurs and merchants:
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

The following restrictions and shortening of deadlines do not apply
for claims due to damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the case of intentional or grossly negligent breach of duty and fraudulent intent
• In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed, or
• as far as the area of ​​application of the Product Liability Act is open.

Restrictions on Entrepreneurs

To entrepreneurs apply as an agreement on the
Quality of the goods only our own information and the
Manufacturer's product descriptions included in the contract; for public statements by the manufacturer or others
We assume no liability for advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

regulations for merchants

The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Warranties and After-Sales Service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer Service :

You can reach our customer service for
Questions, complaints and complaints on weekdays from 8 a.m. to 5 p.m. by calling 0176 34840110 or by email at
info@elyfe-nutrition.com

10. Liability​​​​​​​

For claims of damage caused by us, our
legal representatives or vicarious agents, we are always liable without limitation for injury to life, limb or health, for intentional or grossly negligent breach of duty, for promises of guarantees, if agreed, or if the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and
the contractual partner may regularly rely on compliance with this (cardinal obligations) due to slight negligence on our part, ours
legal representatives or vicarious agents, the amount of liability is limited to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.

11. Dispute Resolution​​​​​​​

The European Commission provides a platform for online dispute resolution (OS), which you can find here . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

12. Final provisions​​​​​​​

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

Are you a merchant within the meaning of the Commercial Code, legal
Person under public law or public law
Special fund, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is ours
place of business.