§1 GENERAL / SCOPE OF APPLICATION
Provider and contractual party for all deliveries, services and offers is
Detox Delight GmbH & Co.KG (Local court of Munich, HRA 92945), represented by AMP Beteiligungsgesellschaft mbH (Local court of Munich, HRB 175022), represented by Astrid Purzer (manager)
Falkenstr. 7a / RG
Tel: + 49 (0)89 4524 0772
Fax: 49 (0) 89 45240773
hereinafter referred to as "Detox Delight" or "we".
Any agreements and offers are exclusively based on the following terms and conditions in the version valid at the time of the conclusion of the contract. Any contradicting condition of customers does not constitute a part of the contract unless expressly admitted by Detox Delight.
§2 CONCLUSION OF CONTRACT
Sending the order form provided on our website represents a binding offer made to us for the conclusion of a contract with regard to the goods contained in your shopping cart. An order is made by filling out all information requested during the order procedure and by subsequently sending the order form to us by clicking the button "Buy". Detox Delight may accept this offer within five days either by sending a binding acceptance declaration or by sending a notification about the delivery of the ordered goods. Up to that point in time, Detox Delight may deny the acceptance at any time without giving reasons. An entitlement to the delivery of the goods does not arise until the offer is accepted. Detox Delight will immediately confirm the receipt of the order via electronic means of communication. Such confirmation of receipt does not represent a binding acceptance of your offer.
Typing errors may be corrected in the input fields by using the keyboard and the mouse until you click the confirmation button on the order dialog. The contract text is made available to you in accordance with the legal provisions, it is, however, not saved after the conclusion of the contract beyond that.
Orders by Other Means of Telecommunication
The contract with us will come into effect once we have expressly accepted the offer submitted to us via any means of telecommunication by a respective notice send to you (order confirmation by email) or by delivering the goods to you.
Contractual language is German or English.
§3 CANCELLATION OF MENU ORDERS
(Juice Delight, Super Green Delight, Super Green & Soup Delight, Juice & (Double) Soup Delight, Juice & Dinner Delight, Juice, Soup & Dinner, Active Delight und Liquid Till Lunch)
A cancellation of menu orders without charge is only possible if it is received by us at least 10 working days before you are due to start your chosen program (starting date).
Cancellations received 5-9 working days prior to the start of the program will be charged at 50% of the price, however, the right of the client to proof that Detox Delight did not suffer any or only a particularly minor damage is expressly reserved.
Apart therefrom, no cancellations are possible.
The legal right of revocation under § 4 of these Terms and Conditions remains unaffected by the aforementioned provision.
§4 RIGHT OF REVOCATION FOR CUSTOMERS
Right of Revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days starting with the day on which you or a third person appointed by you, who is not the deliverer, take possession of the goods. In case of separate deliveries of several goods ordered in one order, the day on which the last goods were taken into possession is relevant, and in case of a contract for regular delivery of goods for a fixed period of time, the day on which the first goods were taken into possession is relevant. In order to exercise your right of revocation, you have to inform us (Detox Delight GmbH & Co. KG, Falkenstr. 7a / RG, 81541 Munich, Germany, Tel.: 0049 89 - 45 21 4220, email: info(at)pure-delight.com, Fax: 0049 89 - 45 21 42218) with an unambigous declaration (e.g. a letter send via mail, fax or email) about your decision to revoke this contract. You can also use the revocation form linked here which is, however, not mandatory.
In order to observe the revocation period, it is sufficient to send the notification about the exercise of the right of revocation prior to the expiry of the revocation period.
Consequences of Revocation
If you revoke this contract, we shall repay you all payments which we received from you including delivery costs (except for additional costs resulting from any other type of delivery than the standard delivery at the lowest costs offered by us) immediately and within fourteen days at the latest as of the day on which we received the notification about your revocation of this contract. For such repayment we will use the same payment method as the one you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged with extra costs due to this repayment. We may deny the repayment until we have received back the goods or until you have proofed that you have send the goods back to us, whichever will occur first. You shall immediately, and in any case within fourteen days at the latest as of the day on which you have informed us about the revocation, return or hand over the goods to us (Detox Delight GmbH & Co. KG, Falkenstr. 7a / RG, 81541 Munich, Germany). The time limit shall be deemed observed if you send the goods prior to the expiry of the period of fourteen days.
You will bear the direct costs for the return of the goods. You will only pay for any loss of value of the goods, if such loss of value is the result of a handling of the goods unnecessary for the examination of their quality, properties and functionality.
End of the right of revocation instructions.
Exclusion of the Right of Revocation
There is no right of revocation in case of contracts:
- for the delivery of goods which are not ready-made and for the production of which an individual selection or determination by the customer is relevant or
- which are unambiguously customized to the requirements of the customer
- for the delivery of perishable goods or of goods of which the expiration date will soon be exceeded.
§5 SECURITY/DATA PROTECTION
Your order data is saved by us but cannot be retrieved directly due to security reasons. Each customer is granted personal and password protected access (mydelight account). In the account, address information can be managed, order history and status of current orders can be viewed and you can subscribe or unsubscribe to our newsletter. The customer undertakes to treat the personal access data as confidential and not to grant access to unauthorized third parties. We are not liable for abusively used passwords.
Your data is collected, processed and saved in order to process your order and for the purposes of our customer service. Our subcontractors contracted by us for the order processing (logistics and courier services) also receive the respective necessary data. Your correct address data is generally necessary for the order processing. Your telephone number is required for further inquiries. Your email address is required for the confirmation of the receipt of your order and for any further correspondence with you. At the end of your order you will receive all information related to the contract for you to file and print, the text of the contract is, however, not saved by Detox Delight beyond that.
SSL (Secure-Socket Layer)
The data sent by you as a customer to the server via internet is protected by SSL. SSL allows triple security.
1. Any information submitted to us is encrypted.
2. The protocol ensures that the form is only sent back to the server by which it is opened.
3. The protocol verifies whether the information reaches its respective receiver in complete and unchanged form.
For further details regarding data protection please refer to our data protection policy.
Detox Delight accepts payment via PayPal or credit card. We accept MasterCard, Visa and American Express. All payments are made solely in Euros.
1. Payment via Credit Card
You enter your credit card information on our secure check out page. After your card has been verified and charged by our online payment service provider, you will receive a transaction confirmation via email.
2. Payment via PayPal
In case of payment via PayPal, you will be directly forwarded to PayPal after placing your order.
Detox Delight reserves the right to only affect the order against advance payment in individual cases or if payment is rejected by the provider of the respective payment method. In such case, the customer has the right to either accept that or to revoke his order. Any costs incurred by a reverse of a payment transaction due to a lack of coverage or incorrect information given by the customer will be charged to the customer.
The payment of the purchase price is due for payment directly upon conclusion of the contract. In case of a default of payment, Detox Delight has the right to charge default interest in the amount of 5 percent above the then valid base lending rate p.a. The assertion of a higher default damage is reserved. In case we assert a higher default damage, the client is given the opportunity to prove to us that the asserted default damage did not incur at all or in a significantly lower amount.
1. Our menu options are delivered to any destination in Germany. In order to discuss the possibility of an exceptional delivery, you need to contact us under info(at)pure-delight.com by stating the complete address of your desired delivery destination. We will, of course, inform you about the amount of the delivery surcharge prior to your order.
2. The delivery will be carried out by a transport company contracted by us. We reserve the right to refuse a delivery if the delivery address is not located within the valid delivery area, a preceding delivery could not be delivered after various delivery attempts or if the customer is unable to pay.
3. We will have the goods delivered to the address given as delivery address in the respective order. We reserve the right not to deliver to all destinations and will inform you upon your registration in case we will not deliver to your address.
4. You bear the responsibility of taking appropriate steps to ensure that the delivery can be made properly and the goods received accordingly. You shall also ensure that we are provided with appropriate instructions to carry out the delivery. If a personal delivery is not possible, an explicit permission to leave the package needs to be granted in the course of the order procedure.
5. We do not assume any liability and will not render any compensation for lost or damaged goods left at your front door or at another location designated by you upon your request.
6. If we are unable to deliver your delivery to the location designated by you, you will be in default of acceptance. We will try to contact you to arrange an alternative delivery option. For such purpose, we will contact you under the telephone number provided by you in your mydelight account. It is in your responsibility to ensure that you are reachable at this number. The costs or extra expenses incurred by us for a delay caused by you will be charged to the client (e.g. costs for unsuccessful delivery).
7. You can change the delivery address and the time of your daily delivery or grant an additional permission to leave the package within 36 hours prior to the respective delivery via email to info(at)pure-delight.com, provided that such changed delivery address is located within the stated delivery areas and such new delivery time is within the stated delivery time frame. We will take our best efforts to meet your delivery requests. However, we cannot guarantee that the deliveries will be made exactly within the requested or stated delivery time frame every day.
8. If a delivery time cannot be observed due to force majeure, e.g. war, riots or similar events, e.g. strike, lockout etc., the delivery times shall be extended accordingly. This does also apply if the respective circumstances exist at the subcontractors of Detox Delight, e.g. transport companies. Detox Delight will inform the client about the expected duration of the delay. In case of a delay of delivery of more than two weeks, the client has the right to withdraw from the contract. In such case, Detox Delight is also entitled to withdraw from the contract. In such case, Detox Delight will immediately repay any amounts already paid by the client.
9. If the delivery attempt takes place within the delivery time and the client cannot be reached personally or the package cannot be handed over to any neighbor etc., the driver will take the parcel to an UPS access point from which the client has to pick it up (Attention: fresh and cooled products that need to be picked up asap). The client gets a notification via e-mail and is committed to check the status of his/hers delivery over the tracking link provided in the e-mail. The parcel will be hold at the access point only for a short period of time. If the client is not able to pick it up within this period and the parcel is shipped back to Detox Delight, the client will be charged with all costs for the return shipment and the disposal of the package.
§8 INFORMATION REGARDING HEALTH & NUTRITION
1. We cannot guarantee compliance with specific nutritional or dietary instructions. We do not take account of individual dietary needs and must refer you to your doctor in such cases. Although it is our goal to offer nutritionally balanced meals, our products do in no way replace a comprehensive personal consultation with a qualified nutritionist.
2. Detox Delight programs are not suitable for everyone to the same extent and should not be carried out if you have severe impairment of the digestive tract or if you are pregnant or breast feeding. If you are on long-term medication, suffer from diseases such as diabetes mellitus, severe cases of cancer or AIDS or have any other medical concerns, please consult your doctor prior to beginning a detox program.
3. We regret that we are currently unable to deliver to persons suffering from allergies carrying the risk of anaphylactic shock or those who are reliant on insulin on a regular basis.
4. The general information on health, detoxification and nutrition provided on our website and in other informative material are not comparable to obtaining medical advice and are not specifically designed to suit your individual requirements.
5. Detox Delight produces its juices and dishes in a kitchen where nuts are also processed. It can therefore not be excluded that traces of nuts are contained in apparently nut-free dishes. By placing your order, you acknowledge that we cannot be held responsible for possible reactions to nuts or any other ingredient.
6. Please feel free to contact us should you wish to discuss any specific dietary requirements. In specific cases, we might be able to fulfill individual requirements fully or in part. We do not assume any responsibility for any unsuccessful attempt to fulfill specific requirements.
For the goods of our range of goods legal guarantee rights apply.
Should the delivered goods be defective, we have a right for supplementary performance (removal of defects or replacement delivery). In case the supplementary performance is not made within an appropriate period of time or is denied, or if the supplementary performance fails, you have the right to withdraw from the purchase contract in case of a serious deficiency, or to request an appropriate reduction of the purchase price or compensation. The guarantee period is two years starting with the delivery of the goods, provided that the customer is a consumer. Should the purchaser be a businessman, a corporate body under public law or a special fund under public law, the guarantee period is one year starting with the delivery of the goods.
1. Detox Delight is liable in case of damages on the client's side (a) resulting from damage of life, body or health resulting from a breach of obligations by Detox Delight or one of his legal representatives or servants, (b) in accordance with the German Law on Product Liability, resulting from the assumption of a guarantee or due to willful deceit, (c) if Detox Delight or his legal representative or servants have caused the damage willfully or with gross negligence, and/or (d) if the damage results from a breach of an obligation of Detox Delight the fulfillment of which enables the implementation of the contract and in whose fulfillment the client regularly trusts and can trust (material contractual obligation).
2. Detox Delight is liable in the cases of para. 1, lit. (a), (b) and/or (c) to an unlimited amount. In any other case, the damage is limited to the foreseeable damage typical for the contract.
3. In other cases than those provided for in para. 1 and para. 2, the liability of Detox Delight is excluded irrespective of the legal grounds.
4. To the extent the liability of Detox Delight is excluded or limited under Sec. 10.2 and 10.3, this shall also apply to employees, representatives and servants of Detox Delight.
§11 RETENTION OF TITLE
Delivered goods remain our property until fully paid.
All contents on this website (including all text, graphics, illustrations, photographs, animations) are subject to copyright. Any usage requires our prior explicit authorization in writing.
§13 FINAL PROVISIONS
1. The contract is subject to German law under the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The customer may only offset such claims against our own as are undisputed or legally valid. An assignment of claims by the customer vis-à-vis Detox Delight is not permitted.
3. Should the purchaser be a businessman, a corporate body under public law or a special fund under public law, Munich shall be exclusive place of jurisdiction for all disputes directly or indirectly arising out of the contract.
4. Should one provision of these Terms and Conditions or a provision of any other agreement be or become invalid, the validity of all other provisions or agreements shall not be affected thereby.