Terms of service

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T&Cs – General Terms and Conditions

General Terms and Conditions of Antidote Vertriebs GmbH, hereinafter referred to as “the provider”.

§ 1 Validity of the conditions

Our terms and conditions apply exclusively; we do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery to the customer without reservation despite knowing that the customer’s terms and conditions conflict with or deviate from our terms and conditions.

§ 2 Offer and conclusion of contract

The offers on our website do not constitute a binding offer within the meaning of § 145 of the German Civil Code (BGB).
The customer’s order represents a binding offer to conclude a contract.
We are entitled to accept this offer within two weeks.
If we accept the offer under changed conditions, e.g. a different price, this acceptance is to be considered an offer to conclude a modified contract (§ 150 II BGB). We will inform the customer of the modified offer in text form immediately after the order. In this case, the customer has the option of accepting the offer within 14 days, either expressly or tacitly - for example by accepting the goods without objection or by email. In this respect, we waive receipt of the customer's declaration of acceptance (§ 151 BGB).
The contract text is stored by us and made available to the customer on request.

§ 3 Invoicing

After placing the order, every customer immediately receives an invoice via email to the email address they provided.

§ 4 Registration

Every order for goods requires the customer to register in advance, providing the required information. The customer must provide the data required to fulfill the contract completely and truthfully. Any additional information is purely voluntary (see data protection declaration).

§ 5 Prices and shipping costs

The prices indicated are final prices including the applicable statutory sales tax plus shipping costs. Accidental mislabeling is possible; in case of doubt, the binding price is not the price indicated on the internet portals or in any other form, but the price confirmed by us in the declaration of acceptance. In the event of deviations, § 2.4 applies.
The amount of the shipping costs incurred is shown on the website and in the ordering process.

§ 6 Subscription contract

If the customer takes out a subscription, the contract is deemed to be concluded for an indefinite period (hereinafter also "subscriber contract").
As part of a subscription contract, the customer receives the package he has put together at the delivery frequency he has chosen - either every two weeks, monthly, every two months or every three months.
The day of the week for delivery is always the day of the week selected by the customer for the first subscription delivery (Tuesday, Wednesday, Thursday or Friday). If this day of the week falls on a public holiday, delivery will take place on the next possible day of the week.
The payment method specified by the customer will be charged 48 hours before the next delivery date.
A subscription contract can be canceled up to 72 hours before the delivery date. In the event that a cancellation is received later, the subscription contract is deemed to have been canceled before the next delivery.
In the event of cancellation, you will be refunded for orders that have already been paid for but have not yet been handed over to a carrier.
Orders with an agreed delivery date that have not yet been shipped will also be refunded.

§ 7 Delivery and obligation to give notice of defects

Delivery is made to the delivery address specified by the customer. If the customer is an entrepreneur, the risk is transferred when the item is handed over to the freight forwarder or another person designated for delivery (§ 447 BGB); if the customer is a consumer, the risk of accidental loss and accidental deterioration is only transferred when the item is handed over to the customer or from the time of default in acceptance (§ 474 II BGB).
Delivery is made within two weeks, unless a different delivery period is specified in the offer or a different delivery period has been agreed. Compliance with the delivery period requires the timely and proper fulfillment of the customer's obligations. Delivery dates mentioned are not fixed dates unless we have expressly confirmed such a date as a fixed date.
Delivery periods are generally subject to timely and sufficient self-supply in accordance with Section 7.1. Subject to the priority of an individual agreement, in case of doubt only delivery dates agreed in writing are binding.
Delays in delivery that occur with us or with one of our sub-suppliers/subcontractors due to force majeure or due to circumstances equivalent to force majeure (such as currency and trade policy or other sovereign measures, strikes, operational disruptions such as fire, machine defects, breakage, raw material or energy shortages) entitle us to postpone delivery for the duration of the disruption. If the execution of the contract becomes unreasonable for the customer due to the delay, he or she is entitled to withdraw from the contract. If the obstacles to performance are not only temporary, we are entitled to withdraw from the contract.
We may hand over the goods to a person found in the customer's home or to a neighbor of the customer in order to discharge the customer's liability.
The customer must ensure that he or she can be found at the desired delivery location on the delivery date. If he or she cannot be found, the risk of loss of the goods passes to him or her. A deterioration in the quality of the product is therefore within his or her sphere of influence and there is no right to a new delivery.
In order to prevent a package from being undelivered, the provider expressly recommends that its customers register a preferred location for a package with DHL at https://www.dhl.de/de/paket/pakete-empfangen/wunschort.html. The package will therefore always be left there (for example "in the garden", "on the doorstep", "at the neighbor's").

§ 8 Legal Guarantee and Liability for Defects

Our products are fresh and perishable goods with a shelf life of 10 to 45 days. Therefore, they are subject to specific legal provisions under Section 312g (2) No. 2 of the German Civil Code (BGB).

If a product is defective or deviates from the order, the buyer must notify us within a reasonable period after receiving the goods. In such cases, we offer a replacement or a refund.

The legal guarantee under Sections 434 et seq. BGB applies only if the defect was present at the time of delivery and was not caused by improper storage or delayed consumption of the goods. Liability for defects arising after the expiration of the product’s shelf life is excluded.

§ 9 Payment, due date and default

We generally only accept the payment methods listed in the order process. We only accept payment methods that deviate from these with prior written consent.
If the payment method is prepayment, payment is due upon conclusion of the contract and receipt of the invoice/invoice statement, otherwise upon receipt of the invoice and the goods. If the customer does not pay within 30 days of the due date and receipt of the invoice, the customer automatically defaults on payment (§ 286 III BGB); this only applies to a consumer if there is a corresponding warning in the respective invoice.
The customer is liable during the default in payment for any negligence and for the accidental loss of the goods made available by us or already delivered (§ 287 BGB).
If the customer does not accept the properly delivered goods - without exercising any right of cancellation or return in the case of the purchase of consumer goods - in the event of default in acceptance, he is liable in particular for the additional expenses incurred, for example the additional express costs incurred as a result of the multiple delivery attempts or any storage costs, administration costs, etc. (§ 304 BGB); From the point of default in acceptance, we are no longer responsible for negligent actions (§ 300 BGB). If the customer seriously and definitively refuses acceptance without justification, we can withdraw from the contract and in particular claim the lost business profit as compensation (§ 325 BGB).

§ 10 Unavailability of the service

Every offer is subject to self-supply; if the ordered goods are not available because we are not supplied by our supplier for reasons that were unforeseeable and not our fault when the contract was concluded, we have the right to withdraw from the contract. In this case, we will immediately inform the customer that delivery is not possible and immediately refund any purchase price that may have already been paid. This right only applies to consumers if we have concluded a specific hedging transaction and were unexpectedly not supplied by the supplier.
Liability for damages due to non-performance is excluded if we have acted neither grossly negligently nor intentionally with regard to the lack of availability; any liability due to pre-contractual negligence (c.i.c.) remains unaffected.
In the event of an incorrect delivery within the meaning of § 434 III BGB, the consumer is entitled to the statutory rights without restriction.

§ 11 No right of withdrawal

The products are chilled fresh juices whose shelf life is very limited. They spoil very quickly, especially if not stored properly. Due to their perishability, they can no longer be sold when returned. The juices are therefore products within the meaning of Section 312g II No. 2 of the German Civil Code (BGB), i.e. products that can spoil quickly or whose expiration date would quickly be exceeded. For this reason, a right of withdrawal is excluded.

§ 12 Offsetting, assignment and right of retention

The assignment of a customer's claim against us is only legally effective with our consent or approval; Section 354a of the German Commercial Code remains unaffected.
The customer is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 13 Retention of title

The delivered goods remain our property until full payment has been made. The retention of title also applies to all claims that we subsequently acquire against the customer in connection with his delivery or service. Until the claims arising from the retention of title have been fulfilled, the items covered by the retention of title may not be resold, rented, lent or given away, nor may they be given to third parties for repair; this does not affect the consumer's right to remedy the defect in the event that we are in default with the legally owed subsequent performance. If the customer does not meet his due obligations arising from the retention of title, we can withdraw from the contract after setting a reasonable deadline and demand the return of the reserved goods from the customer and, after warning with a reasonable deadline and offsetting against his claim, sell them in the best possible way by selling them privately. The customer bears all costs of taking back and selling the reserved goods.

§ 14 Liability for damages

We are fully liable for intentional acts and gross negligence. If the customer is an entrepreneur, liability for non-intentional acts is limited to the damage typically foreseeable at the time the contract was concluded.
In the case of slight negligence, we are only liable for the breach of essential contractual obligations and limited to the damage foreseeable at the time the contract was concluded. This limitation does not apply to injury to life, body or health. We are not liable for other damage caused by slight negligence due to a defect in the purchased item. Any liability due to pre-contractual negligence (c.i.c.) or under the Product Liability Act remains unaffected.
Regardless of any fault on our part, we are only liable for fraudulent concealment of a defect or from the assumption of a guarantee or assurance. A manufacturer's guarantee is a guarantee from the manufacturer and does not constitute an assumption of a guarantee by us.
We are also responsible for the impossibility of delivery occurring by chance during the delay, unless the damage would have occurred even if the delivery had been made on time.
Insofar as liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

§ 15 Miscellaneous

The law of the Federal Republic of Germany applies, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The contract language is German.
The place of jurisdiction for all current and future claims arising from the business relationship with entrepreneurs, including bills of exchange and check claims, is Munich; the same applies to consumers if the customer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after the contract has been concluded, or his place of residence or habitual abode is not known at the time the action is brought.In business transactions with entrepreneurs, the joint place of performance of the parties is Munich.
If one of the above conditions is not effective, this does not affect the validity of the remaining provisions

§ 16 Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and Section 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are prepared to participate in an out-of-court arbitration procedure.