These General Terms and Conditions (our “GTC”) apply to all contracts concluded between you, our customers aged 18 or over (hereinafter “you” or “customer(s)”) and us, mybacs Vertriebs GmbH, represented by the Managing Director Carl-Philipp von Polheim, Infanteriestraße 11a, D-80797 Munich, email: info[at]mybacs.com , registered in the commercial register of the Munich District Court under: HRB 245239, telephone: +49(0)91147558163, VAT ID No. DE321751635 the online shop operated under the website www.mybacs.com (our "websites") (our "online shop") are concluded; in particular, purchase contracts for the goods offered there for one-off purchase or by way of regular delivery ("goods subscriptions"), in particular nutritional supplements ("goods"). Our general terms and conditions apply exclusively. We do not recognize any general terms and conditions of yours that conflict with or deviate from our general terms and conditions unless we expressly agree to their validity in writing.

1.2 Customer base

Our offers and these terms and conditions apply exclusively to consumers. "Consumer" within the meaning of Section 13 of the German Civil Code ("BGB") is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. "Entrepreneur" within the meaning of Section 14 of the German Civil Code (BGB), on the other hand, is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1 Minimum order value

We may only be able to accept orders for certain goods if they exceed a certain minimum order value. If this is the case, you can find out both from the information provided in our online shop.

2.2 Ordering process

The presentation of the goods in our online shop and their advertising is non-binding, i.e. it only represents an invitation to you to submit an application to conclude a corresponding purchase contract ("order"), which requires our acceptance. Orders are only placed via distance selling and our online shop. The essential characteristics of the goods can be found in the item description in our online shop. You can select goods in our online shop and collect them in a so-called electronic shopping cart ("shopping cart") using the "Add to shopping cart " button.

2.3 Conclusion of contract

2.3.1 Checkout

(1) If you would like to order the goods in your shopping cart, you can log into your existing customer account after clicking on the "Checkout" button on our "Check-out" page, or order as a guest, or register a new customer account by entering your personal details (Section 3). Registering a customer account is not a prerequisite for placing an order. Data not marked as "optional" is mandatory. You can correct the data at any time before submitting your order by using the correction tools provided and explained in the ordering process. After selecting your desired payment and shipping method and checking your order, you place a legally binding order for the goods in your shopping cart by clicking on the " Buy" button.

(2) However, your application can only be submitted and transmitted to us if you agree to the validity of these General Terms and Conditions by ticking the appropriate box, thereby including them in your application and declaring that you have taken note of and understood the consumer cancellation policy and our data protection information .

(3) After submitting your order by clicking the " Buy" button, you will be redirected to the payment service you have selected. Paying for your order in advance using instant payment methods approved by us does not result in the conclusion of the contract.

(4) If we already have your payment details, i.e. you are an existing customer, you can also order by telephone or email, specifying the goods you want, or take out your subscription (Section 2.5).

2.3.2 Express Checkout

Alternatively, you can complete your order on the checkout page by selecting one of the payment services offered and clicking the corresponding button to be redirected to the payment service you have selected, logging in to it and confirming your order there ("Express Checkout"). During express checkout, we will use the information stored under your profile with the payment service to transfer the billing and shipping details.

2.4 Conclusion of the contract

(1) After your order has been successfully sent to us, a summary of your order will be displayed on your screen; we will also send you an automatic confirmation of receipt by email, in which your order will be listed again. You can print both using the "Print" function (each "order confirmation"). The order confirmation merely documents that we have received your order and does not constitute acceptance of your application.

(2) The contract is only concluded when you receive our shipping confirmation, which will be sent with a separate email (“shipping confirmation”), but at the latest upon delivery of the goods.

(3) The contract text (consisting of the order and the General Terms and Conditions) will be sent to you on a permanent data medium (email or paper printout) in the order or shipping confirmation or in a separate email, but no later than upon delivery of the goods.

(4) The contract text is stored in compliance with data protection regulations. You can view your past orders and your subscription in your customer account if you have registered one. Registering a customer account (Section 3) is not a prerequisite for placing an order, see above.

2.5 Regular deliveries of goods (“subscriptions”)

To the extent that we offer you our goods not only for a one-time purchase (“one-time purchase” with a single delivery or – if reasonable for you – partial deliveries as quickly as possible), but alternatively as a product subscription (“subscription”), i.e. we regularly supply you with similar goods (i.e. the same article) over a fixed period of time (Section 356 Paragraph 1 No. 1 d) of the German Civil Code), the following provisions apply in addition.

2.5.1 Conclusion of the subscription; delivery intervals; subscription types

(1) As part of a subscription concluded between you and us in accordance with section 2.4 above, we agree with you to deliver your goods in the delivery interval selected by you (“delivery interval”) with the number/dosage/fill quantity of similar goods offered by us as a subscription for the selected delivery interval (e.g. 30 days, 90 days, 180 days).

(2) Your subscription and the delivery interval begin on the date of your order.

(3) In the event that you wish us to supply you with one or more other items in addition to an existing subscription, an additional, separate subscription will be created for the other item(s) ordered together, with its own delivery interval.

(1) If you choose delivery by subscription, you only pay when we deliver the goods ordered as part of the subscription, i.e. we only charge the payment method you chose when placing your order at the respective delivery interval.

(2) Our subscription has no minimum term, i.e. you can cancel it after the first delivery of goods with a notice period of four (4) days for the next delivery interval by email, telephone and via a corresponding online cancellation function on our website. If you do not cancel your subscription on time, it will automatically be extended by the delivery interval you have chosen.

2.6 Contract language

The contract is concluded in German.

3. Customer account

3.1 Registration

You can register a customer account in our online shop, which you can log into using your access data and manage independently. You are obliged to provide complete and correct information when registering. Your customer account is not transferable. You may not set up more than one customer account and may not rent or lend it to anyone. You are not entitled to register a customer account.

3.2 Access data

You are solely responsible for the security of the access data to your customer account ("access data"), in particular the password. This includes in particular keeping the access data strictly confidential and not passing it on to third parties. If the access data becomes known to unauthorized persons, you are obliged to change the access data immediately. We accept no liability for any damage in connection with the theft of the access data for which we are not responsible, the passing on of the access data by you or the fact that you have granted a third party access to your customer account using the access data. You undertake to inform us immediately of any unauthorized use of the access data.

3.3 Deactivation

You can have us deactivate your customer account by sending us a corresponding request by email to our customer service. Your customer account will then be deactivated. This process cannot be reversed. Any payment obligations you may have towards us at the time of deactivation remain unaffected.

4. Consumer Right of Withdrawal

When concluding a distance selling contract, you generally have a statutory right of cancellation, about which we will inform you below in accordance with the statutory model (Section 4.1). The exceptions to the right of cancellation are regulated in Section 4.2. The statutory model cancellation form can be found in Section 4.3.

4.1 Cancellation policy

The cancellation period within the meaning of the cancellation policy begins in the case of a one-off purchase upon receipt of the goods or receipt of the last partial delivery of the goods (Section 356 Paragraph 2 No. 1 b) BGB) and in the case of regular deliveries of (similar) goods (Section 356 Paragraph 2 No. 1 d) BGB) by way of a subscription upon receipt of the first item of the subscription.

4.1.1 Cancellation policy for one-time purchases

cancellation policy

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must inform us: mybacs Vertriebs GmbH, Infanteriestraße 11a, D-80797 Munich, email: info[at]mybacs.com, phone: +49(0)91147558163, by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the inexpensive standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

4.1.2 Cancellation policy for regular deliveries

cancellation policy

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the first (similar) goods. To exercise your right of withdrawal, you must inform us: mybacs Vertriebs GmbH, Infanteriestraße 11a, D-80797 Munich, email: info[at]mybacs.com, phone: +49(0) 91147558163, by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

consequences of revocation

4.2 Exclusion of the right of withdrawal

There is no right of withdrawal:

4.2.1 in the case of contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

4.2.2 for contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

4.2.3 Contracts for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded.

4.3 Sample cancellation form

We inform you about the model cancellation form as follows:

sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

mybacs Vertriebs GmbH

Infanteriestraße 11a

D-80797 Munich

E-Mail: info[at]mybacs.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the

following goods (*)/provision of the following service (*)

________________________________________________________________________________

Ordered on (*)

________________________________________________________________________________

received on (*)

________________________________________________________________________________

Name of the consumer(s)

_________________________________________________________________________________

address of the consumer(s)

Signature of the consumer(s) (only if notification is on paper)

_________________________________________________________________________________

Date

(*) Delete as appropriate

5. Terms of payment

5.1 Prices

All prices stated in our online shop include the applicable statutory sales tax.

5.2 Shipping costs

In addition to the stated product prices, shipping costs may apply, which we show in our current shipping cost overview .

5.3 Payment processing

You can make the payment as follows:

5.3.1 for one-time purchases

via PayPal, credit card (Visa, Mastercard, American Express), Klarna (there: instant bank transfer and purchase on account), Google Pay, Apple Pay.

5.3.2 for subscriptions

(1) via PayPal, credit card (Visa, Mastercard, Maestro, American Express).

(2) In the case of subscriptions, we will charge the payment method/account you have chosen for the first delivery with your order and for each interval delivery at the earliest four (4) days before it takes place.

5.3.3 Changing your payment method

You can change the payment method you selected when placing your order for future one-off purchases and the next interval delivery of your subscription (which is at least four (4) days in the future) at any time via your customer account, if you have registered one.

5.4 Payment methods in detail

You can find further information about the payment methods we offer here .

5.5 Due date

(1) Payment of the purchase price for one-off purchases is due immediately upon placing your order; for subscriptions, payment is due four (4) days before the respective interval delivery. The payment method you have chosen will be charged at the respective due date.

(2) We are entitled to default interest at the statutory rate if you are in default with your payment. We reserve the right to claim a demonstrably higher damage caused by the default. You have the option of proving that the damage was lower.

5.6 Vouchers

If we grant you cash discounts, coupons, vouchers or other price advantages on the goods at our sole discretion, e.g. in the form of discount codes or other gifts or promotional gifts, product samples (collectively referred to as "voucher(s)"), you can redeem these in accordance with the following conditions during the stated period of validity: All vouchers can only be redeemed once. Only one voucher can be redeemed per order. If the redemption of vouchers below a certain minimum order value per order is excluded, we will inform you of this in our offers. If the advantage granted by the voucher is a percentage or euro saving, the voucher value will be automatically deducted from your invoice amount (in the case of subscriptions, pro rata temporis). Any advantage value exceeding the invoice amount expires. Cash payment of the voucher value is excluded. If the voucher grants material assets, e.g. in the form of product samples and promotional gifts, we will deliver these to you with your first order and only while stocks last.

5.7 Money-back guarantee

Without prejudice to your statutory rights (in particular your 14-day right of withdrawal and your warranty rights), we offer you a voluntary “money-back guarantee” under the following conditions:

(1) You can test the goods for 60 days without risk - we will cover the shipping costs. Our products have not convinced you? Then please contact us within 60 calendar days of receiving the goods and follow these steps:

Write an email (preferably from the email address you provided when placing your order) to support@mybacs.com with the subject “Money-back guarantee” and your order number. Please state the exact reason why you want to make use of the “money-back guarantee”.

Our customer support will contact you within 24 hours (Monday to Friday - excluding public holidays in Germany) with an answer and detailed instructions.

As soon as our customer support has reviewed the case and approved the money-back guarantee, you will receive a personalized link to download your return slip and shipping label. Please send us unopened goods.

(2) In these cases you can make use of the “money-back guarantee”:

a) You feel unwell or intolerant to the products when taking them;

b) You do not feel any difference or improvement by taking our products, even though you have tested them over a longer period of time;

(3) The following cases are excluded from the “money-back guarantee”:

a) If you have lost the goods;

b) If you have not given a reason for the return;

c) If the value of your return is less than 20€;

d) If more than 60 days elapse between your request and receipt of the goods;

e) If it is a repeat order. The "money-back guarantee" only applies to the first two orders as part of a one-off purchase or regular delivery as part of a subscription for goods with the same item number, if you contact us within 60 days of receiving the goods.

6th delivery

6.1 Delivery restrictions

Delivery is made by post. We only deliver to you if you have a delivery address in the European Union. We do not deliver to PO boxes.

6.2 Delivery times

(1) Delivery times specified by us are calculated as follows (assuming prior payment of the purchase price (except in the case of purchase on account)):

a) for a one-time purchase, from the time of your order;

b) In the case of subscriptions, we will deliver the first delivery of the subscription in accordance with letter a) and the subsequent deliveries at the agreed delivery intervals +/- 2 working days (Mon.-Sat. – excluding public holidays in Germany – “working days”).

(2) If no or no different current delivery time is specified for the respective goods in our online shop, the delivery time in the case of letters a) (one-off delivery) and b) 1st case (first delivery of the subscription) is 1 to 7 working days for shipments within Germany; within the European Union 2 to 10 working days.

6.3 Partial deliveries

(1) We are only entitled to make partial deliveries if this is reasonable for you.

(2) Your regular delivery of goods within the framework of subscriptions does not constitute a partial delivery as such.

6.4 Deliveries to Switzerland

For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). This company also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. In order to enable smooth delivery to Switzerland, we would like to inform you for reasons of transparency that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also integrated into the retail chain. This does not incur any additional costs for the buyer.

7. Warranty for material defects, guarantee; retention of title

(1) We are liable for material defects in accordance with the applicable statutory provisions. An additional guarantee (e.g. for the quality of the goods) only exists for the goods supplied by us if this was expressly stated in the order confirmation for the respective article. We do not give a guarantee with regard to the effect of our goods under any circumstances.

(2) For the “money-back guarantee” see section 5.7 above.

(3) The delivered goods remain our property until they have been paid for in full.

8. Liability

8.1 Limitation of Liability

Your claims for damages are excluded. Excluded from this are your claims for damages arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on our intentional or grossly negligent breach of duty, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. Mandatory statutory liability provisions, e.g. based on the Product Liability Act, remain unaffected.

8.2 Violation of essential contractual obligations

In the event of a breach of essential contractual obligations, we shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless you have claims for damages arising from injury to life, body or health.

8.3 Legal representatives and vicarious agents

The restrictions in sections 8.1 and 8.2 also apply to our legal representatives and vicarious agents if claims are asserted directly against them.

9. Miscellaneous

9.1 Copyrights

All images, photos, films and texts published in our online shop are protected by copyright. Their use is not permitted without the express prior written consent of the respective rights holder.

9.2 Additional terms and conditions for the use of our websites

The use of our website is also subject to the following terms of use. You may not use our website if you do not accept these terms of use. By using our website, a free contract for the use of our website is concluded between you and us. Uninterrupted and full availability of our website cannot be guaranteed given the current state of technology. We are therefore not liable for the constant and uninterrupted error-free availability of our website. Disruptions or maintenance work can limit or temporarily interrupt the use of the website. To the extent that we have influence over interruptions (e.g. during maintenance work), we endeavor to keep such interruptions as short as possible. Our website can be used using a personal computer (PC) via a web browser on the Internet, preferably via DSL or an equivalent connection. If the website is used via other Internet-enabled devices, both the range of functions and the display may be limited. We accept no liability for data security outside of our sphere of control and the risk of data loss when transmitting data over the Internet.

9.3 Applicable law

The current version of our General Terms and Conditions at the time of conclusion of the contract and the law of the Federal Republic of Germany apply. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, remain unaffected.

9.4 Place of jurisdiction

If you do not have a residence in the Federal Republic of Germany or your usual place of residence is not known at the time the action is brought, our place of business shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

9. 5 Dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. You can find our email address above under section 1.1 or in the imprint of our website.

Status of these Terms and Conditions: September 2023

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Terms and Conditions

1. General

1.1 Provider identification ; scope of application; customer's terms and conditions

1.2 Customer base

2. Conclusion of contract

2.1 Minimum order value

2.2 Ordering process

2.3 Conclusion of contract

2.3.1 Checkout

2.3.2 Express Checkout

2.5.1 Conclusion of the subscription; delivery intervals; subscription types

3. Customer account

3.1 Registration

3.2 Access data

3.3 Deactivation

4. Consumer Right of Withdrawal

4.1 Cancellation policy

4.1.1 Cancellation policy for one-time purchases

4.1.2 Cancellation policy for regular deliveries

4.2 Exclusion of the right of withdrawal

4.3 Sample cancellation form

5. Terms of payment

5.1 Prices

5.2 Shipping costs

5.3 Payment processing

5.3.1 for one-time purchases

5.3.2 for subscriptions

5.3.3 Changing your payment method

5.4 Payment methods in detail

5.5 Due date

5.6 Vouchers

5.7 Money-back guarantee

6th delivery

6.1 Delivery restrictions

6.2 Delivery times

6.3 Partial deliveries

6.4 Deliveries to Switzerland

7. Warranty for material defects, guarantee; retention of title

8. Liability

8.1 Limitation of Liability

8.2 Violation of essential contractual obligations

8.3 Legal representatives and vicarious agents

9. Miscellaneous

9.1 Copyrights

9.2 Additional terms and conditions for the use of our websites

9.3 Applicable law

9.4 Place of jurisdiction

9. 5 Dispute settlement