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GENERAL TERMS AND CONDITIONS

General Terms and Conditions with Customer Information of Next Level Foods GmbH

table of contents

1. scope of application

2. conclusion of contract

3. terms of delivery and dispatch

4. prices

5. payment

6. granting rights of use for digital content

7. retention of title

8. liability for defects (warranty)

9. redemption of gift vouchers

10. alternative dispute resolution

1. scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Next Level Foods GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of digital content, these General Terms and Conditions shall apply mutatis mutandis, unless otherwise expressly agreed.

1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.4 These GTC shall apply mutatis mutandis to contracts for the delivery of tickets, unless otherwise expressly agreed. These GTC only regulate the sale of tickets for certain events described in more detail in the seller's article description and not the execution of these events. The statutory provisions governing the relationship between the customer and the organizer as well as any deviating conditions of the organizer shall apply exclusively to the execution of the events. If the Seller is not also the Organiser, he shall not be liable for the proper execution of the event, for which the respective Organiser is exclusively responsible.

1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.6 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, which is produced in digital form and made available by the Seller under the granting of certain rights of use regulated more precisely in these GTC.

2. conclusion of contract

2.1 The purchase contract is concluded with MEGAFIT-Store Manasek/Vetter OG. Further information about us can be found in the imprint. You reach our customer service for questions, complaints and objections Mo-Sa: 10-18h, under the telephone number +43 (0)5572 372632.

2.2 By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You may initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will receive another confirmation by e-mail.

A binding contract can also be concluded as follows beforehand:

- If you have chosen credit card payment, the contract is concluded at the time of the credit card debit.

- If you have chosen the payment method PayPal, the contract comes into effect at the time of your confirmation of the payment order to PayPal.

- If you have chosen the payment method "instant bank transfer", the contract is concluded at the time of confirmation of the payment order to SOFORT GmbH.

2.3 The language available for the conclusion of the contract is German.

2.4 We save the contract text and send you the order data and our general terms and conditions by e-mail. You can view and download the General Terms and Conditions at any time here on this page. You can view your past orders in our customer login.

3. terms of delivery and dispatch

3.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction.

3.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if he temporarily sends the goods to the seller. 

3.3 Collection by the customer is possible at the Dornbirn and Rankweil branches.

3.4 Vouchers shall be handed over to the customer as follows:

- by e-mail

- postal

3.5 Tickets shall be provided to the Customer as follows:

- by e-mail

- postal

4. prices

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

5. payment

5.1 The payment option(s) shall be communicated to the customer in the seller's online shop.

The following payment methods are available to you in our shop:

- Prepayment

If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

- Cash on delivery

With this payment method there are additional charges of 3.50 euros, which must be paid directly to the delivery agent on delivery.

- Credit card

Your credit card will be charged upon completion of the order.

- Paypal

You pay the invoice amount via the online provider Paypal. You must be registered there or register first, legitimize with your access data and confirm the payment order to us. You will receive further information during the ordering process.

- Transfer immediately

We also offer instant bank transfer. We receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Using the secure payment form of SOFORT GmbH, which is not accessible to merchants, SOFORT makes an automated and real-time bank transfer to your online bank account. The purchase amount is transferred immediately and directly to the merchant's bank account. If you choose the payment method IMMEDIATELY Transfer, a prefilled form opens at the end of the order process. This already contains our bank details. In addition, the amount to be transferred and the intended purpose are already displayed in the form. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. You will then immediately receive confirmation of the transaction. In principle, any Internet user can use instant bank transfer as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note that some banks do not yet offer instant bank transfer. Further information as to whether your bank supports this service can be found here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/

- Purchase on account of Klarna

In cooperation with Klarna we offer you the purchase of invoices as a payment option. When paying with Klarna, you never have to provide your account details and you only pay once you have received the goods. With Klarna Invoice payment methods, delivery to a different delivery address from the billing address is not possible. The delivery address and the billing address must be the same as your registration address. We ask for your understanding. When purchasing on account with Klarna, our claim will be assigned to Klarna AB. In this case you can only pay Klarna AB with debt discharging effect. Further information and Klarna's complete general terms and conditions for purchase on account can be found here: https://online.klarna.com/villkor_en.yaws?eid=SHOPID&charge=GEBUEHR

- iDEAL

5.2 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5.3 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.4 If the payment method "IMMEDIATELY Bank Transfer" is selected, payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as "IMMEDIATELY"). In order to be able to pay the invoice amount by instant bank transfer, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in instant bank transfer, legitimise himself accordingly during the payment process and confirm the payment order to SOFORT. The payment transaction is carried out immediately afterwards by SOFORT and the customer's bank account is debited. The customer can call up more detailed information on the payment method IMMEDIATELY Bank Transfer on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/

5.5 When purchasing by direct debit, the payment amount is due immediately for payment by collection by our external partner Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (hereinafter referred to as "Billpay") from the current account specified in the ordering process at the bank specified there (the current account). You hereby grant Billpay a SEPA Direct Debit Mandate to collect due payments and instruct your financial institution to redeem the direct debits. Billpay's creditor identification number is DE19ZZZ00000237180. The mandate reference number will be sent to you at a later date by e-mail together with a template for a written mandate. You will also sign this written mandate and send it to Billpay. Note: Within eight weeks of the debit date, you may request a refund of the amount debited. The conditions agreed with your financial institution apply. Please note that the claim remains due even in the case of a return debit note. Further information can be found at https://www.billpay.de/sepa.

The preliminary information on the collection of the SEPA direct debit will be sent to you at least one day before the due date by email to the email address you provided during the ordering process. If the current account does not have the required coverage, the account-holding credit institution is not obliged to redeem the SEPA direct debit. Partial payments will not be made by direct debit. The payment method purchase by direct debit does not exist for all offers and requires among other things a successful credit check by Billpay, as well as a current account led in Germany. If the customer is permitted to purchase certain offers by direct debit after checking the creditworthiness, the payment shall be processed in cooperation with Billpay, to which the seller assigns his payment claim. The seller shall also remain responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch), returns, complaints, declarations of revocation and consignments or credit notes when purchasing by direct debit via Billpay. The General Terms and Conditions of Billpay apply, which can be accessed via the following link:

https://www.billpay.de/allgemein/datenschutz/

By specifying the current account, you confirm that you are entitled to direct debit from the relevant current account and that you will provide the necessary cover. Return debits are associated with high costs and effort for the seller and Billpay. In the event of a returned debit entry (due to lack of required funds in the current account, due to expiry of the current account or unauthorised objection by the account holder), you authorise Billpay to submit the debit entry again for the payment obligation due in each case. In such a case, you are obliged to pay the costs incurred by the returned direct debit. Further claims are reserved. You will be given the opportunity to prove that the costs incurred by the return debit note were lower or zero. In view of the expense and costs for return direct debits and in order to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with the seller, the reversal of the payment will take place by remittance of the corresponding amount or by credit note.

If the payment method Klarna invoice purchase or the payment method Klarna installment purchase is selected, the payment will be processed via Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information on Klarna Bill Purchase and Installment Purchase as well as Klarna's terms and conditions can be found in the seller's payment information, which can be found at the following Internet address:

https://cdn.klarna.com/1.0/shared/content/legal/terms/67171/de_at/invoice?fee=0

6. granting rights of use for digital content

6.1 Unless otherwise stated in the DeepL description in the seller's online shop, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided for private and business purposes.

6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.

6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.

7. retention of title

If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8. liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.

9 Redeeming gift vouchers

9.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer up to the expiry date.

9.3 Gift vouchers can only be redeemed before the completion of the order process. Subsequent settlement is not possible.

9.4 Several gift vouchers can also be redeemed for one order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

9.7 The credit balance of a gift voucher will not be paid in cash or interest will not be paid on it.

9.8 The Gift Certificate is transferable. The Seller may, with discharging effect, make payment to the respective owner who redeems the gift voucher in the Seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the nonauthorization, the legal incapacity or the lack of power of representation of the respective owner.

10. alternative friction settlement

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.