General Terms and Conditions

1 Scope of application

The following GTC apply to all orders placed by consumers via the online store.

2 Contractual partners and orders

2.1 For orders in our online store, the contract is concluded with the company metaX GmbH.

2.2 An express order acceptance by metaX is not required. Orders are tacitly accepted by their execution. The order shall only be accepted by means of a separate order confirmation by e-mail or the dispatch of the goods. If the GTCs are rejected by the customer, metaX shall not tacitly accept the order.

2.3 The customer can initially place the products in the Shopping Cart without obligation and correct the entries at any time before sending the binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, the buyer places a binding order that includes the goods contained in the Shopping Cart .

2.4 A binding contract may also be concluded in advance as follows:

(i) If the buyer has chosen credit card payment, the contract is concluded at the time the credit card is charged.
(ii) If the buyer has chosen the payment method PayPal or Sofortüberweisung, the contract is concluded at the time of confirmation of the payment instruction to PayPal or Sofortüberweisung.

2.5 The customer will receive a confirmation e-mail containing the order details and the GTC. When logging into the customer account, the customer can view past and current orders.

3 Prices and payment

3.1 Prices are calculated on the basis of the prices stated on the product pages on the day the order is placed. Our prices include VAT and packaging costs. The following payment methods are available to the customer: prepayment, PayPal, direct debit or invoice (only after approval):

(i) Prepayment: If the prepayment payment method is selected, the customer will be informed of the bank details in the order confirmation email. The goods will only be delivered after receipt of payment.
(ii) PayPal: The customer pays the invoice amount via the online provider PayPal. This payment method is secured by PayPal. The customer must be registered with PayPal or register first, legitimize with his access data and confirm the payment instruction to us. The delivery process is initiated immediately depending on availability.
(iii) Direct debit: If the direct debit payment method is selected, the buyer's account is usually debited on the working day following delivery. If the customer is in default of payment, the Bank shall be entitled to instruct a debt collection agency or lawyers to collect the debt. The costs incurred as a result shall be reimbursed by the customer.
(iv) Invoice: If the payment method "purchase on account" is available to a customer and is selected by the customer, the customer can purchase goods and only has to pay after actual receipt of the goods and the invoice. Unless otherwise agreed, the purchase price must be paid within 7 days of delivery. Payment of the purchase price must be made exclusively to the account shown on the invoice.

3.2 The deduction of a cash discount shall only be permitted by special written agreement or shall be granted for SEPA direct debits. For this purpose, the buyer may issue metaX with a SEPA basic mandate. The direct debit shall be collected 7 days after the invoice date with a discount of 2% on all discountable amounts. The period for pre-notification shall be reduced to 1 day. The customer assures metaX that the account is covered. Costs incurred due to non-payment or chargeback of the direct debit shall be borne by the customer as long as the non-payment or chargeback was not caused by metaX. If payment is not made on time, default interest of 5% above the respective base interest rate p.a. shall be charged. We reserve the right to claim higher damages caused by default.

3.3 About VAT on items sold by metax.org

VAT is charged on items sold by metax.org within the European Union (EU).

For goods offered in the metax.org webshop and shipped to destinations within the European Union (EU), VAT must be charged in accordance with the laws applicable within the EU and tax rates that vary within the member states. The amount of VAT to be charged depends on various factors, such as the identity of the seller, the nature of the product purchased and the destination to which the product is to be shipped.

The prices on our website are shown in euros and include German VAT. Please note that the final price depends on the actual VAT applicable to your order. For orders from other EU countries, German VAT will be deducted and the VAT applicable to the country of destination will be charged. You can see the final price including the VAT rates applicable to the items ordered on the last page of the order form.

4 Offsetting and rights of retention

The customer shall only be entitled to set-off if his claims have been legally established or are undisputed. The customer shall also be entitled to set-off against claims of metaX if he asserts notices of defects or counterclaims arising from the same purchase contract. The customer shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

5 Delivery, shipping costs

5.1 Unless an expressly binding delivery date has been agreed, the delivery dates or periods shall be non-binding information only. metaX shall deliver by commissioning a postal carrier to deliver the consignment to the customer in accordance with the general terms and conditions of the carrier.

5.2 metaX shall always deliver to the delivery address specified by the customer. It is the customer's responsibility to ensure that the consignments can also reach him at this order address, in particular that the customer himself or persons authorized by him to receive the consignment can be found on site.
If delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or staircase of the customer or because the customer is not found at the delivery address specified by him, the customer shall bear the costs for the unsuccessful delivery.

5.3 Deliveries within Germany and deliveries to Austria shall be made carriage paid to the customer's destination of metaX's choice from an order value of 50 euros (gross). If the value of the goods is less than 50 euros, metaX shall charge 6 euros for additional shipping costs. For deliveries to Switzerland, metaX charges a flat rate of 15 euros per order for additional shipping costs.

5.4 metaX shall otherwise deliver abroad in accordance with the above provisions. Insofar as the standard of care is relevant, the standard of care prevailing in Germany shall be decisive for metaX. The purchase and delivery shall take place in accordance with German law. Therefore, the labeling and information provisions stipulated in Germany shall apply. For deliveries abroad, special shipping conditions and costs apply, which can be requested from metaX by telephone.

6 Retention of title

metaX shall retain title to the delivered item until all claims arising from the delivery contract have been paid in full.

7 Warranty and notice of defects

7.1 metaX maintains a modern quality assurance management system to prevent defects in its products and manufactures them with the utmost care. Should defects nevertheless occur in a product, the customer must report this to metaX with a notice of defects, stating the order number and, if possible, the product batch number printed on the delivery bill or on the product, and only return the defective product to metaX on request so that the defect can be investigated.

7.2 As a producer of dietetic foods, metaX manufactures products for nutrition for certain indications. metaX is guided by the generally known characteristics of the indication and the corresponding food requirements. metaX cannot accept any liability for the fact that there may be intolerances in individual cases due to special features and individualities of the indication of the individual customer. metaX accepts no liability for the consequences of such intolerances.

8 Damages

8.1 metaX shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by metaX or a legal representative or vicarious agent of metaX.

8.2 Furthermore, metaX shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, metaX shall only be liable for the foreseeable damage typical of the contract. metaX shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

8.3 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

8.4 Insofar as the liability of metaX is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

9 Transport damage

If goods are delivered with obvious transport damage, the buyer should complain about such defects to the deliverer as soon as possible and contact metaX immediately. Failure to lodge a complaint or to contact metaX shall have no consequences for statutory claims and their enforcement, in particular warranty rights. However, the buyer shall help metaX to assert its own claims against the carrier or transport insurance company.

10 Returns

Returns must be sent to the following delivery address:

metaX Institute for Dietetics GmbH
Kreuterstrasse 14
D-86666 Burgheim/Germany

11 Other

This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, without limiting the mandatory consumer protection provisions of the customer's country of residence. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.

12 Cancellation policy

Right of withdrawal
You have the right to withdraw from this contract with metaX within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform metaX by means of a clear statement (letter, fax or e-mail) of your decision to withdraw from this contract. To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period. Goods (products) that can spoil quickly or whose expiration date would be exceeded, as well as goods whose outer packaging has been opened, are expressly excluded from the right of withdrawal.

Consequences of withdrawal
If you withdraw from this contract, metaX shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which metaX is informed about your decision to withdraw from this contract. For this repayment, metaX will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. metaX may refuse repayment until metaX has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. you must return the goods to metaX immediately and in any event no later than fourteen days from the date on which you notify metaX of the cancellation of this contract:

metaX Institute for Dietetics GmbH
Kreuterstrasse 14
86666 Burgheim OT Strass /Germany

to return or hand over the goods. You shall 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 handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the withdrawal policy