(GTC) of Ayoun GmbH, Freiburg, for transactions with consumers via the Ayoun webshop
1. scope of application
The following General Terms and Conditions of Business (AGB) in the version valid at the time of the order apply to all orders from consumers via our web shop.
Any contractual conditions deviating from these General Terms and Conditions shall require our written consent in any case.
2. product presentation
The product presentations in our web shop do not represent a binding offer; they are merely an invitation to the consumer to submit an offer.
Product descriptions can be adapted by us at any time.
3. prices and other costs, in particular shipping costs
All prices of our products are displayed in a clearly visible manner and are quoted in the currency displayed in the web shop and include the respective statutory value added tax. Consumers with delivery address in the EU regularly pay in EURO. For consumers with a delivery address outside the EU, the currency will be displayed when ordering. Deliveries to non-EU countries are made without charging the German value added tax. For deliveries to EU countries, the consumer must pay all additional charges, especially customs duties.
The displayed product prices do not include shipping costs. However, the shipping costs are clearly displayed in the web shop when the order process is initiated. They can vary from country to country.
4. orders/conclusion of the contract
By clicking on the button "Order subject to payment" the consumer makes a binding offer to purchase. Each order of the consumer represents an offer to us to conclude a sales contract.
We confirm the receipt of the order immediately by e-mail. However, this order confirmation does not represent an acceptance of the consumer's offer, but merely informs about the receipt of the order. The sales contract is only concluded when we expressly confirm the dispatch of the goods by e-mail or send the ordered products. In the case of a one-time order, this is done within 5 working days after the consumer's order at the latest. In the case of a subscription, we deliver our products on a monthly basis, always at a similar time within each month until the subscription is cancelled.
We can refuse to accept an offer at any time without giving reasons. In this case we will inform the consumer as soon as possible by e-mail about the non-acceptance of the order.
5. availability of our products
We cannot always guarantee the complete availability of the ordered products. We therefore reserve the right not to deliver ordered products or product quantities if they are not (any longer) or not completely available. In such a case, we will inform the consumer immediately by e-mail about unavailable and thus undelivered products or product quantities.
We will always immediately refund any monetary payments already made by the consumer in the event of non-delivery.
6. terms of delivery
Delivery will be made as soon as possible after acceptance of the offer; it will be made within Germany by DHL to the address provided by the consumer or to a packing station. The delivery time within Germany is usually 2-3 working days.
Outside Germany we deliver the goods within Europe with DHL and outside Europe with another, comparable parcel service. If the consumer lives abroad, the delivery time is extended.
7. terms of payment
The consumer must pay the prices displayed in the web shop for our products as ordered by him. He can pay by credit card, SEPA direct debit, PayPal or invoice.
If payments are charged back and the consumer is responsible for the chargeback, the consumer is in default of payment. In addition, the consumer is also in default of payment as soon as the payment deadline specified in an invoice is not met. In this case, we are entitled to charge interest on arrears at a rate of 5% above the base rate p.a. In this case, we also have the possibility to block the respective customer from further online purchases from us.
8. right of withdrawal and return of the goods
Cancellation policy/right of revocation:
You have the right to revoke this contract within fourteen (14) days without giving reasons. The revocation period shall be fourteen (14) days from the day on which you took possession of the goods delivered by us or, in the case of a subscription (contract for the regular delivery of goods over a specified period), from the day on which you took possession of the first goods.
In order to exercise your right of withdrawal, you must inform us, Ayoun GmbH, Talstraße 10, DE-79102 Freiburg im Breisgau, +49 (0) 761 42 99 74 97, E-Mail:info@ayoun.de, by means of a clear declaration (e.g. a letter sent by regular mail or e-mail) of your decision to withdraw from this contract. You can use the sample revocation form linked at the end of this revocation instruction, but you do not have to do so.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation:
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges, immediately and no later than fourteen (14) days from the date on which we receive notice of your revocation of this Agreement. We will use the same means of payment that you used for the original Transaction for this refund, unless expressly agreed otherwise with you; in no event will we charge you any fees in respect of this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us (Ayoun GmbH, Talstraße 10, DE-79102 Freiburg im Breisgau) or to hand it over. The deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
The right of withdrawal does not apply to the delivery of sealed goods, such as our products (food supplements) which are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery. Therefore, please note that only orders of products where the seal is intact can be cancelled according to the previously mentioned conditions.
Sample revocation form: Download here.
END of the cancellation policy
9. reservation of title
The goods remain our property until full payment has been received.
10. food supplements - special warranty
Our products are dietary supplements according to the dietary supplements ordinance of 24 May 2004 (BGBl. I S. 1011). Accordingly, food supplements are foodstuffs which serve to supplement the general diet with vitamins, minerals or other substances such as amino acids, dietary fibres or secondary plant substances. They contain the nutritionally effective nutrients in concentrated form and in dosed amounts. When taking food supplements, responsible handling is crucial to avoid side effects. This applies in particular to compliance with the recommended maximum intake. In addition, you should also consider known intolerances to certain ingredients before taking them. Please pay attention to the instructions on the respective packaging or on the package insert. The same applies to the best before date.
We guarantee that our products are free of defects in accordance with the statutory provisions, insofar as these are relevant and applicable to food supplements. However, we do not accept any liability if side effects or damage to health should occur due to improper use of our products.
The Ayoun GmbH homepage (incl. webshop) may be temporarily unavailable due to maintenance work or other reasons, without any claims against us arising from this.
11. transport damage
If our products are delivered with obvious transport damages, we ask you to immediately complain about such defects to the deliverer and to contact us as soon as possible, either by e-mail info@ayoun.de or by phone +49 (0) 761 42 99 74 97.
Failure to notify us will not affect your rights. The notification helps us to assert our claims against the carrier or the transport insurance company.
12. subscription contracts and termination
The consumer has the choice of purchasing our products individually or taking out a subscription with regularly recurring deliveries. We recommend the subscription, because the effect of our product only occurs after 6 weeks of administration. You can find more detailed information on our homepage or the package insert.
In the case of a subscription, the consumer can cancel the subscription at any time with a notice period of 4 weeks to the end of each month. The subscription must be cancelled by e-mail info@ayoun.de or Post Ayoun GmbH, Talstraße 10, 79102 Freiburg im Breisgau.
13. data protection
Best possible data protection is an important concern for us. Your personal customer data are in safe hands with us and are always treated confidentially. Everything else concerning data protection can be found in our Privacy policy.
The pictures used on our homepage are our property or licensed for us and may only be used with our permission.
14. applicable law
German substantive law applies to all legal relations between us and the respective consumer. In the case of deliveries abroad, German law shall also apply in principle, provided that this is not overridden by mandatory consumer protection provisions of the country in which the respective consumer has his residence.
15. online dispute resolution procedures
The EU Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr. This platform is used for the out-of-court settlement of disputes in which a consumer is involved. We are prepared to participate in out-of-court dispute resolution proceedings conducted by a consumer arbitration board.
These AGB are valid from 01.08.2020