Terms of ServiceGeneral Terms and Conditions (GTC) of mh medical + science GmbH (as of December 15, 2021)
§ 1 Scope, subject matter of the contract, changes to the General Terms and Conditions(1) Diese Allgemeinen Geschäftsbedingungen (nachfolgend „AGB”) der mh medical + science GmbH, Kreuzbergstraße 28, 10965 Berlin, Deutschland, E-Mail: firstname.lastname@example.org hereinafter also "medimentum", "we" or "us") apply exclusively to orders and deliveries to the customer (hereinafter also "you" or "yours") made on the basis of these orders. Our current terms and conditions can be found at https://www.medimentumhealthfood.store/agb .
(2) The subject of the contractual relationship between medimentum and you is the recurring provision and delivery of goods such as groceries, ingredients and recipes in cooking boxes, including additional products (add-ons) or other goods. You can also order gift vouchers to redeem at medimentum. No interest or cash payment of the credit on a gift voucher will be paid either to you or to third parties. Our offer is aimed at end users in Germany. This means that the goods you have ordered or the gift voucher you have ordered are not intended for resale. Orders are only accepted in normal household quantities.
(3) medimentum reserves the right to change these GTC with effect for the future, e.g. due to adjustments to our offer, legal requirements, supreme court decisions or due to changed market conditions. For this purpose, we will inform you in advance of the planned changes by electronic communication, for example by e-mail, at least one month in advance and point out your right to object. You consent to the changes to these GTC if you do not exercise your right to object within the time limit and continue to purchase our goods after the changes have come into effect. If you object to the changes to these terms and conditions, medimentum reserves the right to terminate the contractual relationship.
§ 2 Registration of a customer account, no data transmission(1) The offers of medimentum, including the registration of a customer account, are aimed at people who have reached the age of 18. If you are under the age of 18, the supervision and consent of your legal guardian is required to use the medimentum offers.
(2) To use offers from medimentum, register with a customer account on the medimentum website.
(3) When registering a customer account, an e-mail address and a password of your choice (hereinafter: access data) must be provided. You agree to use an email address that you are authorized to use. During registration, you complete your user account with further truthful data, consisting of first and last name, delivery/billing address and a telephone number. Furthermore, a payment method such as a credit card or a PayPal account must be entered during the registration process. Other payment methods remain unaffected by the payment methods mentioned, which, if possible and available, can be activated and supplemented during registration or in the further contractual relationship. Your information in the registration process must be up-to-date and truthful and must also be kept up to date in the event of future changes in the contractual relationship with medimentum.
(4) Registration with medimentum using user accounts from third-party providers, e.g. Facebook, Google or Apple, is permitted if your correct first and last name and, for the purposes of order processing, complete and truthful contact data such as delivery/ Billing address and telephone number are used or these are truthfully communicated to medimentum during registration.
(5) The access data must not be passed on to third parties and must be kept safe and inaccessible to unauthorized persons. Medimentum must be notified immediately if the access data is lost or known to third parties. The customer is liable according to the statutory provisions for culpable misuse of his access data by third parties, e.g. for orders and the resulting claims.
§ 3 Non-binding information, product images, conclusion of contract(1) Information about our goods and prices before the conclusion of the contract is subject to change and non-binding.
(2) Our product images do not always have to match the actual appearance of the delivered goods. Likewise, after product range renewals by manufacturers or suppliers, there may be changes in the appearance and design of goods. In addition, depending on the season, e.g. due to weather conditions, individual items in the dishes you have selected may be exchanged before the meal box is delivered.
(3) A contract between medimentum and you comes about as follows: You can submit a legally binding offer by completely filling out and confirming the order form provided by medimentum after you have registered with your truthful data in your customer account. You specify the composition of the cooking box, including the size of the box, consisting of the number of people and the number of dishes per week. By clicking on the “Order with obligation to pay” button, you make a binding offer for the weekly purchase of the selected cooking box and the underlying subscription contract (see also Section 5 (1) of these General Terms and Conditions) or for an add-on, other goods or a gift voucher . Receipt of your order will be confirmed by an automated e-mail from medimentum. This order confirmation does not yet represent a declaration of acceptance by medimentum. medimentum can accept the offer either by sending a binding declaration of acceptance or by sending the ordered goods or the ordered gift voucher. A right to delivery of the goods or the gift voucher only arises once the offer has been accepted by medimentum. Before this point in time, medimentum can refuse to accept the offer at any time without giving reasons. The presentation of the respective goods in the online shop of medimentum does not represent a legally binding offer, but a non-binding online catalogue, which provides information about your options for submitting an offer.
§ 4 Reference to the statutory right of withdrawal for consumers(1) The food, ingredients or add-ons sold by medimentum in cooking boxes are perishable goods or goods whose expiry date is quickly exceeded. In this respect, the customer is not entitled to a right of revocation (§ 312g Para. 2 No. 2 BGB).
(2) This does not affect your right of withdrawal for gift vouchers (cf. § 1 Para. 2 of these GTC) or for goods that are not goods according to § 312g Para. 2 No. 2 BGB. If you make use of your right of withdrawal, you have to bear the regular costs of the return if the delivered goods correspond to the ordered ones. The right of withdrawal for consumers and the model withdrawal form are referred to below.
§ 5 Contract term, changes, scope of contract, termination, pause(1) The contract concluded with us for the recurring provision and delivery of goods in cooking boxes is concluded for an indefinite period (hereinafter also “subscription contract”). A contract with a fixed term or a fixed number of deliveries can only exist in separately identified cases, such as for sample boxes or vouchers intended for redeeming them.
(2) In the case of a contract with a fixed term or a fixed number of agreed deliveries, the contract ends when the term expires or when the agreed deliveries are sent. A separate termination is not required in these cases. Furthermore, the contractual relationship is not automatically extended in these cases.
(3) The subscription contract can be changed by you or medimentum for each new week as follows: For deliveries that are agreed to take place on Saturday in the same calendar week or Monday of the following week, by Tuesday, 11:59 p.m. German time, for deliveries, which are agreed to take place on Tuesday or Wednesday of the following week by Thursday 11:59 p.m. German time of the previous week and for deliveries which are agreed to take place on Thursday or Friday of the following week by Sunday 11:59 p.m. German time previous week. Deviations from this regulation can be communicated by medimentum in individual cases, for example due to public holidays.
(4) The scope of the subscription contract is based on the information you provide in the customer account, i.e. the type of composition of the cooking box according to your preferences, including the box size, consisting of the number of people and dishes per week. You choose the composition of your dishes in the cooking box from the predefined menu selection on a weekly basis, taking into account the deadlines specified in § 5 Para. 3 of these General Terms and Conditions. If you do not make a menu selection before the deadlines according to § 5 paragraph 3 of these terms and conditions have expired, you will receive a cooking box with goods that have already been preselected by medimentum on the basis of your specification, including the box size.
(5) You can change the specification and size of the cooking box before the start of each new week subject to the deadlines in Section 5 (3) of these GTC. In addition, you can increase the number of dishes selected once in a single week, depending on availability, or add extra dishes without them being carried over to future deliveries. You can also add add-ons to the cooking box once without these becoming part of further deliveries in the subsequent delivery intervals.
(6) Termination is possible on a weekly basis and takes place after the deadlines specified in Section 5 (3) of these General Terms and Conditions. The time of receipt of the termination is decisive in each case. Late terminations only take effect on the following delivery date. Cancellation before receipt of the first delivery of a meal box is not possible. The termination requires notification in text form to medimentum.
(7) In the event of a timely termination of the contractual relationship, the amount for any orders that may have already been paid for but not delivered will be refunded to you.
(8) Instead of termination, the delivery of a recipe box can be paused or stopped before each new week via the customer account. The respective deadlines according to § 5 paragraph 3 of these General Terms and Conditions for the receipt of the declaration apply accordingly. A pause only applies to the selected period and you must take it separately for each weekly delivery date.
§ 6 Delivery, delivery requirements, transfer of risk, retention of title(1) medimentum only ships orders for goods to addresses in Germany that can be delivered by a delivery service. A shipment to automated parcel or packing stations does not take place. If the contract concluded relates to a gift voucher, the gift voucher will be sent to an e-mail address that you have specified.
(2) medimentum sends the goods you have selected or preselected by us in a cooking box to the address you have saved in your customer account. A change of address is only possible within Germany. For the earliest possible point in time at which address changes can be taken into account, Section 5 (3) of these General Terms and Conditions shall apply accordingly.
(3) You ensure that the goods can be handed over personally to the delivery address you specified in the customer account on the delivery date and delivery time window you have selected. After registration and the first order, you can change the delivery date and delivery time window weekly in your customer account, taking into account the deadlines specified in Section 5 (3) of these General Terms and Conditions.
(4) If it is not possible to hand over the goods personally, the contract can also be fulfilled by delivering the goods to a neighboring household or business, insofar as you have expressly authorized us to do so for the individual case or permanently. Neighboring households or businesses are preferably recipients who are in the same building as the addressee. In addition, deliveries can be made to recipients in a neighboring household who are within walking distance of the delivery address (e.g. in the same residential complex, on the opposite side of the street or in neighboring houses). Alternatively, the goods can be delivered to a parcel shop if you have expressly authorized us to do so for an individual case or permanently.
(5) If you have given permission to deposit, the contract can also be fulfilled by depositing the goods at the delivery address you have specified, which is accessible to the delivering driver. In this case, you must ensure that you determine the drop-off location as precisely as possible. Any ambiguities when specifying the place of storage are at the expense of the customer. medimentum is not obliged to check the suitability of the storage location specified by the customer.
(6) The risk of loss and/or damage to the goods passes through the delivery to a neighboring household, company or parcel shop or the delivery according to instructions at the specified location of the delivery address (cf. § 6 Para. 4 and Para. 5 of these General Terms and Conditions). to the customer, insofar as the customer has expressly authorized the named delivery or collection for the individual case or permanently and the delivery of the goods has taken place within the delivery day and delivery time window specified by the customer.
(7) If it is not possible for the customer to hand over the goods personally at the delivery address or if the customer is not permitted to hand them over to a neighboring household, company or parcel shop, and there is also no parking permit, the customer is in default of acceptance if the goods are delivered within the period of customer-specific delivery day and delivery time window. medimentum is not obliged to make another delivery attempt. For the rest, the statutory provisions apply to the consequences of default of acceptance.
(8) If the goods are not paid for or not paid in full at the time of handover (§ 6 Para. 3 to 5 of these General Terms and Conditions), medimentum retains ownership until the purchase price has been paid in full.
§ 7 WarrantyIt is the statutory warranty.
§ 8 Prices, Due Date, Payment(1) Prices include the applicable sales tax and, unless otherwise agreed, exclude shipping costs within Germany. medimentum is entitled to make price adjustments during the term of the subscription contract in order to take account of changes in the total costs in the subscription contract. Such costs relate, for example, to changed production, manufacturing, delivery or shipping costs for goods, including the associated service costs for maintaining the subscription contract (including provision of the IT infrastructure, customer service, personnel, administration, sales, marketing, rent) and changes in taxes like sales tax. For this purpose, we will inform you about the reason and amount of the price adjustment at least one month in advance in text form, for example by e-mail. This does not affect your right to terminate according to Section 5 (6) of these General Terms and Conditions.
(2) The claims of medimentum are due immediately, without prejudice to a statutory right of withdrawal.
(3) You can pay with a provided payment method, such as credit card, PayPal or with another provided payment method. During the term of the contract, you must ensure that the information regarding the selected payment method is correct and up-to-date. You must inform us immediately of any changes in the selected payment method via your customer account.
(4) When concluding a contract, the payment method you have selected will be debited immediately before the goods or the gift voucher are shipped.
(5) With regard to further deliveries, the specified payment method will be charged continuously during the contract period, whereby the charging can begin up to seven (7) days before delivery, provided that you have not paused, stopped an order or terminated the contractual relationship. Due to discounts and special offers, there may be changing debit amounts during the contract period.
(6) You must ensure that you are authorized to use the specified payment method during the contract period and that you have sufficient funds so that the payment can be made. For technical reasons, the debiting of the payment method can only become visible to you a few days later than the actual time of debiting.
(7) In the event of a failed payment, medimentum may try to collect the payment again at a time when the order has already been delivered.
(8) If collection of the claim fails due to circumstances for which the customer is responsible - in particular due to insufficient funds, incorrect or invalid data or an objection - the customer is obliged to ensure that the payment disruption is remedied so that, in addition to the outstanding amount In addition, any bank charges incurred and any reminder costs can be paid by the customer after the onset of default. The customer is permitted to prove that medimentum has suffered no damage or less damage.
(9) If the customer has not paid the outstanding amount even after repeated payment requests, the required data can be passed on to a collection agency commissioned by medimentum.
§ 9 Redeeming vouchers and credit(1) The conditions for redeeming vouchers depend on the respective campaign. In the event of any inconsistencies between the terms and conditions of a promotion and these GTC, the terms and conditions of the respective promotion shall take precedence.
(2) Unless expressly stated otherwise, the following conditions apply to the redemption of vouchers:
1. Vouchers cannot be combined with other discount campaigns or other credits/credits;
2. Vouchers, with the exception of gift vouchers (cf. § 1 Para. 2 of these General Terms and Conditions), may only be redeemed by new customers;
3. a subsequent crediting of vouchers is not possible;
4. Vouchers, with the exception of gift vouchers (cf. § 1 Para. 2 of these General Terms and Conditions), may not be redeemed by new customers who live with another existing customer or a former customer in the same household;
5. A cash payment of vouchers/credit does not take place.
(3) Credits for private recommendations, e.g. as part of our "Refer a Friend" program, are automatically offset against the purchase price of the next delivery. If the collected credits exceed the purchase price of the next delivery, the offsetting takes place with the following deliveries until the credits are exhausted.
(4) The amount of the credit for the referring customer is based on the current offer at the time of the order by the new customer referred. The credit expires after two years. The period begins at the end of the year in which the credit was acquired. A payment of the credit or a transfer of the credit to third parties is excluded.
(5) You are entitled to publish your personal voucher code exclusively on your private website, your private blog or private profile of a social network. The voucher code will be automatically deactivated according to the respective conditions after the maximum number of redemptions has expired. Publishing the voucher code on commercial websites or third-party sites such as voucher sites, deal blogs or forums is not permitted. The same applies to a request published on the aforementioned websites or profiles to contact you for the purpose of communicating the personal voucher code. If the voucher code is published or distributed in violation of this paragraph 5, the voucher code will be deactivated. Likewise, the credit notes received in violation of this paragraph 5 lose their validity. Orders for which a recommended new customer uses a voucher code that has been published or passed on inadmissibly can be canceled by medimentum at any time.
§ 10 liability of medimentum, obligations of the customer(1) medimentum is liable for damage to the customer
a) from injury to life, limb or health caused by a breach of duty by medimentum or one of its legal representatives or vicarious agents;
b) according to the Product Liability Act;
c) from the assumption of a guarantee or due to fraudulent misrepresentation;
d) if medimentum or its legal representatives or vicarious agents have caused the damage intentionally or through gross negligence; or
e) if the damage was caused by the breach of an obligation on the part of medimentum, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely (cardinal obligation).
(2) medimentum is liable in the cases of the aforementioned paragraph 1, letters a), b), c) and/or d) without limitation. Otherwise, the claim for damages is limited to the foreseeable, contract-typical damage.
(3) In cases other than those mentioned in paragraph 1, the liability of medimentum is excluded, regardless of the legal basis.
(4) The liability regulations in the above paragraphs also apply to personal liability of medimentum's organs, employees and vicarious agents.
(5) The customer is obliged to carefully read and observe the product, consumption and warning notices for the delivered goods before use.
§ 11 Data protectionAs the body responsible for data protection, medimentum processes personal data in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR) and the Federal Data Protection Act. We process personal data that you have given us in the ordering process in order to fulfill our contractual obligation with you (Art. 6 Para. 1 b DSGVO), e.g. to process the order. In addition, we process your data if we or third parties have a legitimate interest in doing so (Art. 6 Para. 1 f GDPR), e.g. to optimize our processes or for the purpose of direct advertising. In addition, we can process your data if you have previously consented to this (Art. 6 Para. 1 a DSGVO). Further information about the processing of personal data at medimentum on third parties who may be involved in data processing (e.g. payment service providers or delivery or shipping companies), as well as a reference to your rights (e.g. right to information, correction and deletion of data, right on data portability and the right to lodge a complaint with the supervisory authority) are available on our website https://medimentum.de/datenschutzerklaerung/.
§ 12 Advertising by medimentum(1) medimentum uses the e-mail address, telephone number and postal address you provided during the ordering process to inform you about similar product and/or service offers by e-mail, SMS and post. If you do not wish to receive advertising information by e-mail, SMS or post, you can object to the use of your contact details for advertising purposes at any time with effect for the future, without incurring any costs other than the transmission costs according to the basic tariffs.
(2) You can submit your objection and/or your revocation in the following way: by telephone (+49 (0) 30 6650 8230) or to the e-mail or postal address specified in Section 1 Paragraph 1 Sentence 1 of these General Terms and Conditions . You also have the option of changing the communication preferences in the customer account.
§ 13 Dispute resolution for consumersThe European Commission provides a platform for online dispute resolution with further information, which can be found under the link https://ec.europa.eu/consumers/odr . Participation in the aforementioned online dispute resolution is voluntary. However, medimentum does not take part in the dispute settlement procedure mentioned.
§ 14 Applicable law, no ancillary agreements(1) German law applies to the exclusion of the UN Sales Convention.
(2) Additional agreements do not exist.
Right of withdrawalRight of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us
mh medical & science GmbH
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocationIf you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
Additional InformationThe right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly (§ 312g Para. 2 No. 2 BGB). This applies in particular to food, ingredients or add-ons in the cooking boxes.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back)
mh medical + science GmbH
I/we (*) hereby revoke the ____________________ from me/us (*)
concluded contract for the purchase of the following goods (*)
— Ordered on (*)________________/received on (*)________________
— Name of consumer(s) ________________
— Address of consumer(s) ________________ ________________
Signature of the consumer(s) (only if notified on paper)_______________
- Date ________________
(*) Delete where not applicable
End of revocation
Your mh medical + science GmbH