Terms of service
1 Scope, general obligations of the customer
- The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.
- A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur 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 Conditions of Sale
- mybacs Vertriebs GmbH, Hohenzollernstraße 88 D-80796 Munich, HRB 245239 (hereinafter also “mybacs” ), sells synbiotic food supplements to end-user customers, some of whom purchase a recurring membership plan in order to regularly use the products for personal, non-commercial use only to send.
- You may not purchase any Products or Memberships for further distribution or resale or for any other commercial or business purpose. Membership and all rights and privileges granted are personal and non-transferable.
2.2 contractual partners, conclusion of contract
- The purchase contract is concluded with mybacs Vertriebs GmbH.
- By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process.
- The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
2.3 Pause, Cancel, Reactivate Dailybacs Subscription
The following section is about subscribing to the Dailybacs.
- The customer has 100% control and can cancel the service of continuous deliveries at any time.
- Orders can be managed and adjusted via the personal account.
- 30-day subscription: After 30 days, the subscription will continue if the consumer does not cancel it. Cancellations must be made by April 26th. must have been received by mybacs the day after the order was placed. This can only happen in the personal customer account. It is also possible to skip the next delivery.
- The 30-day subscription will be extended by 30 days if the customer does not cancel four days before the end of the last 30 days via his personal account.
- The time of the notice period was chosen because it gives us a sufficiently large time window to stop sending the ongoing delivery in good time.
- During the pause period (maximum 30 days), the fees for the subscription will not be debited from the stored payment method. The subscription must then be reactivated by the consumer in the customer account.
- mybacs' claims are due immediately.
- The payment of continuous deliveries will be approx. 1-2 days before delivery of the products from the deposited payment method. You must ensure that the specified account or the credit card has sufficient cover during the term of the contract so that the direct debit can be collected or payment can be made by credit card.
- In the case of failed payments, it may happen that you have already received the goods at this point, so that mybacs will try to collect payment for this order again.
- Payment reminders are only sent electronically by mybacs. If payment is not received within the specified period after the first reminder, mybacs is entitled to unilaterally terminate the continuous delivery service. Furthermore, mybacs has the right to claim damages, as well as overdue payments and the associated collection costs from the customer.
3.2 payment methods
The following payment methods are generally available in our shop:
- Credit card
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an activated online banking account with PIN/TAN procedure for participation in Sofort, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
5. Other payment methods
4 Retention of title
- The goods remain the property of mybacs until full payment has been made.
5 delivery, shipping costs, transport
- We deliver to all EU countries and Switzerland. Other countries will follow.
- With standard shipping, the goods will be delivered no later than three days after receipt of the order and mybacs will automatically pay the shipping costs.
- In the case of express delivery, the goods can be delivered within one day for a surcharge.
- The goods are generally non-returnable unless the packaging or the product has defects that occurred prior to arrival at the customer.
6 Warranties and Guarantees
- Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
- For defective products, please contact our customer service at firstname.lastname@example.org.
- In the event that you have received the wrong product, we will give you a full refund. Please return the incorrectly received goods to us as soon as possible, but within 2 years of your purchase. Of course, we will then reimburse you for any additional costs that may have arisen as a result of the return shipment.
- We have unlimited liability for damage to life, limb and health.
- In the case of other damage, we are only liable in the context of gross negligence.
- In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the limited to the damage foreseeable upon conclusion of the contract, the occurrence of which must typically be expected.
8 Dispute Resolution
- The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
9 Right of withdrawal
- You have the right to revoke your contract declaration within 14 days without giving reasons.
- The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods or has
9.1 revocation consequences
- If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a different type of delivery than that offered by us, have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
- For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
- We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
- Additional information: The right of withdrawal does not apply to contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene or if their seal was removed after delivery (§ 312 Para. 2 no 3 BGB). This applies above all to our packaging with the Dailybacs.