IMPORTANT NOTE: Certain special conditions apply for delivery to specific countries those are explicitly marked herein
1 Scope of Application
The following terms and conditions apply to all orders placed by consumers via the online store.
2 Contractual Partners and Orders
2.1 When orders are placed in metaX online shop, the contract is concluded with the company metaX.
2.2 An explicit acceptance of the order by metaX is not required. Orders are tacitly accepted when they are carried out/shipped. An order has not been accepted until a separate order confirmation has been sent via e-mail or the goods are shipped. If the customer rejects the Terms and Conditions, metaX is not deemed to have accepted the order.
2.3 The customer can add products to the shopping cart without obligation and modify the order at any time before sending the binding order, by using the correction tools provided and explained for this purpose in the ordering process. By clicking the order button, the buyer submits a binding order, which comprises the products contained in the cart.
2.4 A binding contract may also come about beforehand as follows:
(i) If the buyer has selected credit card payment, the contract comes into effect at the point in time when the credit card is charged.
(ii) If the buyer has selected the payment method PayPal, the contract comes into effect at the point in time when the payment instruction to PayPal is confirmed.
2.5 The customer receives an e-mail as confirmation, which contains the order details and the Terms and Conditions. By logging into the customer account, the customer can see the past and current orders.
3 Prices and Payment
3.1 The prices are calculated according to the prices quoted on the product pages on the order date. Prices include VAT and packaging costs. The following payment methods are available to the customers: prepayment, PayPal, direct debit or by invoice (only following authorization):
(i) Prepayment: If prepayment is selected, the customer will be informed of the bank details in the order confirmation email. The goods will be delivered only after receipt of payment.
(ii) PayPal: The customer pays the invoice amount through the online provider PayPal. This payment method is secured by PayPal. The customer must be registered with PayPal, respectively, must register first, legitimize himself with his login details and confirm the payment order to metaX. The delivery process is immediately set in motion, depending on availability of the ordered products.
(iii) Direct debit: If the payment method direct debit is selected, the purchasers account is usually debited on the business day following the delivery. If the customer is in default of payment, the Bank is entitled to commission a debt collection agency or lawyers with the recovery of the debt. The costs incurred for this must be reimbursed by the customer.
(iv) Invoice: To the extent that the payment method purchase on account is available to a customer and is selected by the customer, the customer can acquire the goods and has to pay for them only after receipt of the actual goods and the respective invoice. Unless otherwise agreed, the purchase price must be paid within 7 days after delivery. Payment of the purchase price must be made solely to the account indicated on the invoice.
3.2 The deduction of discounts is only permitted by special written agreement or will be granted through the SEPA direct debit, as agreed. For this purpose, the customer may grant metaX a SEPA mandate. The collection of the amount by direct debit is carried out 7 days after the invoice date with a 2% discount on all discountable amounts. The deadline for the advance notice (pre-notification) is shortened to 1 day. The customer assures metaX that the account has sufficient funds. Costs incurred as a result of non-payment or reversal of the direct debit shall be charged to the customer, as long as the non-payment or chargeback was not caused by metaX. In the case of a delay in payment, default interest shall be charged at the rate of 5% above the current base rate p.a. The right to assert higher damages due to arrears remains reserved.
4 Offsetting and rights of retention
The customer has the right to offsetting only if his claims have been legally established or are undisputed. The customer is only entitled to offset own claims against those of metaX if he asserts complaints or counter claims from the same contract of sale and if those are justified under the applicable law. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
5 Delivery, shipping costs
5.1 Unless an explicitly binding delivery date was agreed, the delivery dates and deadlines are exclusively non-binding information. metaX delivers by commissioning a postal transport company with the delivery of the consignment to the customer, in accordance with the Terms and Conditions of the carrier.
5.2 metaX always delivers to the delivery address specified by the customer. It is the customers obligation to ensure that the shipments can also reach him under this order address, in particular, that the customer himself or a recipient appointed by him is available on site.
If it is not possible to make a delivery to the customer, because the delivered goods do not fit through the customers entrance door, house door or staircase or because the customer can not be found at the delivery address specified by him, the customer shall bear the costs of the unsuccessful delivery.
5.3 Delivery beyond the German borders
Deliveries are carried out carriage-free only within Germany for orders to the value of 30 (gross) or more, to the customers place of delivery and by metaXs chosen means. For orders under the value of 30, metaX charges 4 for additional shipping charges. For deliveries to Austria, an additional flat rate shipping charge of 4.50 shall be incurred per order. For deliveries to Switzerland, metaX charges a flat rate additional shipping charge of 10 per order. For all other countries a specific shipping rate and additional costs apply as is specified.
5.4 Apart from that, metaX delivers abroad under the above terms. To the extent that a standard of due care is important, the standard of care prevailing in Germany shall be decisive for metaX. The purchase and delivery shall proceed under German law. Therefore, the labelling and information provisions prescribed in Germany shall apply.
6 Retention of title
metaX retains ownership of the delivered goods until all claims from the delivery contract have been fully paid.
7 Warranty and complaints
7.1 metaX maintains modern quality control management to avoid defects in its products and produces these with the utmost care. Should nevertheless faults occur in a product, the Customer must report this to metaX with a notice of defect, stating the order number and if possible the product batch number, which can be found printed on the delivery note or on the product, and only at the request metaX, send the faulty product back, so that the defect can be investigated.
7.2 metaX, as a producer of dietetic foods, manufactures nutritional products for certain indications. metaX orientates itself towards the generally known features of the indication and the resulting corresponding requirements on foodstuff. metaX cannot assume any warranty that there may possibly be isolated cases of intolerance in the individual customer due to the particularities and individualities of the indication. metaX excludes any liability for the consequences of such incompatibilities.
8.1 metaX has unlimited liability if the damage was caused by an intentional or grossly negligent breach of duty by metaX or by a legal representative or vicarious agent of metaX
8.2 Furthermore, metaX is liable for the slight negligent breach of essential duties, whose breach jeopardizes the purpose of the contract and the fulfillment of which is essential to the proper execution of the contract and on whose fulfillment the customer regularly relies. In this case, however, metaX is only liable for the foreseeable damage, typical for the type of contract. MetaX is not liable for the slight negligent breach of obligations other than those mentioned in the preceding sentences.
The above liability limitations shall not apply to injury to life, limb and health, for a defect after the assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability pursuant to the product liability law remains unaffected.
8.3 To the extent that metaXs liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
8.4 Deliveries to the UK additionally applicable section
metaX will not be responsible for (i) losses that were not caused by any breach on metaXs part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses not foreseeable by metaX and the customer when the contract for the sale was formed.
metaX will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond metaXs reasonable control. This condition does not affect the customers right to have the products sent within a reasonable time. If the delay occurs before the products are dispatched, metaX will not charge the customer for the products until those are dispatched and the customer may cancel the order at any time prior to dispatch.
9 Damages in transit
If goods are delivered with obvious transport damages, the buyer should complain as soon as possible about such errors to the delivery agent and contact metaX immediately. Failure to make a complaint or establish contact has no consequences on legal claims and their enforcement, especially the statutory warranty rights. The buyer, however, helps metaX to be able to make their own claims against the carrier or transport insurance company.
Returns must be sent to the following delivery address:
metaX Institut für Diätetik GmbH [Institute of Dietetics]
This contract and the entire legal relationship between the parties are subject to the laws of the Federal Republic of Germany, without restricting any mandatory consumer protection provisions of the customers country of residence. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If individual provisions of this contract are or become invalid or contain a loophole, this shall not affect the remaining provisions.
12 Cancellation Policy
Right of revocation
You have the right to withdraw from this contract with metaX within fourteen days without giving reasons.
The withdrawal period amounts to fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform metaX by means of an unambiguous statement (letter, facsimile or email) about your decision to withdraw from this contract.
To observe the revocation period it is sufficient that you send the notification concerning the exercising of the right of revocation before the expiration of the withdrawal period. Separate provisions shall apply to shipments abroad.
IMPORTANT - Goods (products) that can spoil quickly or whose expiration date has passed, as well as goods whose packaging has been opened, are explicitly excluded from the right of revocation.
Consequences of a revocation
If you withdraw from this contract, metaX must immediately reimburse all payments that metaX has received from you, including the delivery costs (with the exception of any additional costs arising from the fact that you have chosen a different method of delivery than that cheapest, standard delivery offered by us), at the latest within fourteen days from the date on which metaX receives the notification about your withdrawal from this contract. For this repayment metaX shall use the same payment method that you used in the original transaction, unless you expressly agreed otherwise. metaX may withhold the reimbursement until metaX has received back the goods, or until you have provided sufficient proof that you have sent back the goods, whichever is the earlier.
You must immediately send back or submit the goods and in any event not later than fourteen days from the date on which you inform metaX about the revocation of this agreement, to:
metaX Institut für Diätetik GmbH
You shall bear the direct cost of returning the goods.
You must only then pay for any diminished value of the goods if, following a check, this loss in value is due to your handling other than what is necessary for the nature, characteristics and functionality of the goods.
End of the information about rights of revocation