Terms and Conditions

1 Scope

The following Terms and Conditions apply to all orders placed by consumers through the online store.

2 Contracting Parties and Orders

2.1 When placing orders in our online store, the contract is entered into with metaX GmbH.

2.2 An explicit acceptance of the order by metaX is not required. Orders are tacitly accepted upon their fulfillment. The order is accepted only upon receipt of a separate order confirmation via email or upon shipment of the goods. If the customer rejects the Terms and Conditions, metaX will not tacitly accept the order.

2.3 The customer may initially add products to the shopping cart without obligation and may correct the information at any time before submitting a binding order by using the correction tools provided and explained in the ordering process. By clicking the “Order” button, the buyer submits a binding order that includes the items in the shopping cart.

2.4 A binding contract may also be formed earlier, as follows:

(i) If the buyer has chosen to pay by credit card, the contract is concluded at the time the credit card is charged.
(ii) If the buyer has selected PayPal or Sofortüberweisung as the payment method, the contract is concluded at the time the payment instruction is confirmed to PayPal or Sofortüberweisung.

2.5 The customer will receive a confirmation email containing the order details and the Terms and Conditions. By logging into their customer account, the customer can view past and current orders.

3. Prices and Payment

3.1 Prices are calculated based on the prices listed on the product pages as of the date of the order. Our prices include sales tax and shipping costs. Customers may choose from the following payment methods: prepayment, PayPal, direct debit, or invoice (only upon approval):

(i) Prepayment : If the customer selects the “Prepayment” payment method, the bank account information will be provided in the order confirmation email. The merchandise will be shipped only after payment has been received.
(ii) PayPal: The customer pays the invoice amount through the online payment service PayPal. This payment method is secured by PayPal. The customer must be registered with PayPal or register first, authenticate using their login credentials, and confirm the payment instruction to us. Depending on availability, the shipping process will be initiated immediately.
(iii) Direct debit: If the buyer selects direct debit as the payment method, the buyer’s account is typically debited on the business day following shipment. If the customer is in default of payment, the bank is entitled to engage a collection agency or attorneys to collect the debt. The customer must reimburse any costs incurred as a result.
(iv) Invoice: If the “Purchase on Invoice” payment method is available to a customer and is selected by the customer, the customer may purchase goods and is not required to pay until after the actual receipt of the goods and the invoice. Unless otherwise agreed, the purchase price is due within 7 days of delivery. Payment of the purchase price must be made exclusively to the account specified on the invoice.

3.2 A discount may only be applied if specifically agreed in writing or is granted for SEPA direct debits. To this end, the buyer may issue a SEPA Core Mandate to metaX. The direct debit will be processed 7 days after the invoice date with a 2% cash discount on all amounts eligible for a discount. The pre-notification period is reduced to 1 day. The customer warrants to metaX that sufficient funds will be available in the account. Costs incurred due to non-payment or reversal of the direct debit shall be borne by the customer, provided that the non-payment or reversal was not caused by metaX. In the event of late payment, late payment interest of 5% above the respective base interest rate per annum will be charged. metaX reserves the right to claim higher damages resulting from the delay.

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 online store and shipped to destinations within the European Union (EU), value-added tax (VAT) must be charged in accordance with the laws applicable within the EU and the tax rates that vary among member states. The amount of VAT to be charged depends on various factors, such as the seller’s identity, the nature of the purchased product, and the destination to which the product is to be shipped.

The prices on our website are listed in euros and include German value-added tax. Please note that the final price depends on the actual value-added tax applicable to your order. For orders from other EU countries, German VAT is deducted and the VAT rate applicable in the destination country is charged. You can view the final price, including the VAT rates applicable to the items ordered, on the last page of the order form.

4 Set-off and Rights of Retention

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

5 Delivery, Shipping Costs

5.1 Unless an expressly binding delivery date has been agreed upon, all delivery dates and deadlines are provided for informational purposes only. metaX arranges for a postal carrier to deliver the shipment to the customer in accordance with the carrier’s terms and conditions.

5.2 metaX always delivers to the shipping address provided by the customer. It is the customer’s responsibility to ensure that shipments can be delivered to this address, in particular that the customer or a designated recipient is present at the location.
If delivery to the customer is not possible because the goods do not fit through the customer’s entryway, front door, or stairwell, or because the customer cannot be found at the delivery address provided, the customer shall bear the costs of the unsuccessful delivery.

5.3 Shipments within Germany and shipments to Austria are made free of charge to the customer’s destination, via the route chosen by metaX, for orders totaling 50.00 euros (gross) or more. For orders with a merchandise value of less than 50.00 euros, metaX charges 6.00 euros for additional shipping costs. For deliveries to Switzerland, metaX charges a flat fee of 15 euros per order for additional shipping costs.

5.4 metaX also ships internationally in accordance with the provisions set forth above. To the extent that the standard of care is relevant, the standard of care applicable in Germany shall govern for metaX. The purchase and delivery are governed by German law. Therefore, the labeling and disclosure requirements specified in Germany apply. Special shipping terms and costs apply to international deliveries; these can be obtained from metaX by phone.

6 Retention of Title

metaX retains title to the delivered goods until all amounts due under the delivery contract have been paid in full.

7 Warranty and Notification 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 notify metaX of this by filing a notice of defect, specifying the order number and, if possible, the product batch number, which is printed on the delivery slip or on the product itself, and must return the defective product to metaX only upon request so that the defect can be investigated.

7.2 As a manufacturer of dietary foods, metaX produces products for nutrition in cases of specific medical conditions. In doing so, metaX bases its products on the generally recognized characteristics of the medical condition and the corresponding dietary requirements. metaX cannot guarantee that intolerances will not occur in individual cases due to the specific characteristics and individual variations of a customer’s medical condition. metaX excludes any liability for the consequences of such intolerances.

8. Damages

8.1 metaX shall have unlimited liability to the extent that the cause of the damage is attributable to a willful or grossly negligent breach of duty by metaX or by a legal representative or agent of metaX.

8.2 Furthermore, metaX shall be liable for slightly negligent breaches of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, the fulfillment 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 be liable only for foreseeable damages typical for this type of contract. metaX shall not be liable for a breach due to slight negligence of obligations other than those specified in the preceding sentences.

8.3 The foregoing limitations of liability do not apply in the event of injury to life, body, or health; in the case of a defect arising from a warranty regarding the quality of the product; or in the case of defects that were fraudulently concealed. Liability under the Product Liability Act remains unaffected.

8.4 To the extent that metaX’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.

9 Damage During Shipping

If goods are delivered with obvious shipping damage, the buyer should file a complaint with the carrier as soon as possible and contact metaX immediately. Failure to file a complaint or contact metaX has no consequences whatsoever for statutory claims and their enforcement, in particular warranty rights. However, the buyer helps metaX to assert its own claims against the carrier or the transport insurance provider.

10 Returns

Returns must be sent to the following shipping address:

metaX Institute for Dietetics, LLC
Steigweg 100
D-86666 Burgheim, Germany

11 Miscellaneous

This contract and all legal relationships between the parties are 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 any provision 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 designated by you (other than the carrier), took possession of the goods. To exercise your right of withdrawal, you must inform metaX of your decision to withdraw from this contract by means of a clear statement (letter, fax, or email). To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires. Separate provisions apply to shipments abroad. Goods (products) that are perishable 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 Cancellation
If you cancel this contract, metaX must refund all payments it has received from you, including shipping costs (with the exception of any additional costs resulting from your choice of a shipping method other than the least expensive standard shipping option we offer), without delay and no later than fourteen days from the day metaX receives notice of your withdrawal from this contract. metaX will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you. metaX may withhold the refund until metaX has received the goods back or until you have provided proof that you have returned the goods, whichever occurs first. You must return the goods immediately and, in any case, no later than fourteen days from the date on which you notify metaX of your cancellation of this contract, to

metaX Institute for Dietetics, LLC
Steigweg 100
86666 Burgheim, Germany

return or hand over the goods. You are responsible for the direct costs of returning the goods. You are liable for any loss in value of the goods only if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their condition, characteristics, and functionality.

End of the Cancellation Policy