Terms and Conditions

1. SCOPE OF APPLICATION
The following Terms and Conditions apply to all orders placed via our online shop. Our online shop is intended exclusively for consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Smart Organic 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 submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by email. The products and their presentation cannot be understood as a legally binding offer, but merely form a non-binding online catalog.  

3. MINIMUM AGE FOR CONCLUSION OF CONTRACT
We welcome every interested party / customer. However, since data protection laws have made special regulations for the processing of personal data of children, a minimum age of 16 applies to registering for our newsletter, with the exception of customers from Austria, where the minimum age is 14 (see also Article 8 EU GDPR). By accepting the Terms and Conditions, you confirm that you have reached the minimum age.

4. CONTRACT LANGUAGE, SAVING OF THE CONTRACT TEXT
The language available for the conclusion of the contract is English.
We save the contract text and send you the order data and our Terms and Conditions by email. You can view the Terms and Conditions at any time here on this page. For security reasons, your past orders are no longer accessible via the internet.

5. DELIVERY CONDITIONS
Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the offers. We only deliver by shipping. Self-collection of the goods is unfortunately not possible.

6. PAYMENT
The following payment methods are generally available in our shop:

Credit Card: When you place your order, you provide your credit card details. After your legitimation as the rightful cardholder, the payment transaction is carried out automatically and your card is charged.

PayPal, PayPal Express: During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.  

7. RETENTION OF TITLE
The goods remain our property until full payment has been received.

8. DAMAGE IN TRANSIT
If goods are delivered with obvious transport damage, please report such errors to the delivery agent as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

9. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The limitation period for claims for defects in used items is one year from delivery of the goods.
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents:  

in the event of injury to life, body, or health,  

in the event of intentional or grossly negligent breach of duty as well as malice,  

in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations),  

within the scope of a guarantee promise, insofar as agreed, or

insofar as the scope of application of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

10. LIABILITY
For claims based on damage caused by us, our legal representatives, or vicarious agents, we are always liable without limitation:

in the event of injury to life, body, or health,

in the event of intentional or grossly negligent breach of duty,  

in the case of guarantee promises, insofar as agreed, or  

insofar as the scope of application of the Product Liability Act is opened.  

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.  

11. 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 resolution procedure before a consumer arbitration board.

12. DATA PROTECTION
For data protection, please refer to our Privacy Policy.

Cancellation Policy
Right of Cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of cancellation, you must inform us:
Smart Organic GmbH c/o PickPack24, Wiesenstraße 51a/Gebäude 44-45, 40549 Düsseldorf, Germany

Email: [Please insert your contact email for bettr-food.com here, e.g., hello@bettr-food.com]

by means of a clear statement (e.g., a letter sent by post or an email) of your decision to cancel this contract. You can use the attached model cancellation form, but this is not mandatory.  

To meet the cancellation deadline, it is sufficient for you to send the notification concerning the exercise of the right of cancellation before the cancellation period has expired.  

Consequences of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.  

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.  

The right of cancellation does not exist for the following contracts:

Contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal was removed after delivery.

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

– To: Smart Organic GmbH, c/o PickPack24, Wiesenstraße 51a/Gebäude 44-45, 40549 Düsseldorf, Germany (Email: [Insert your email here])
– I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date

* Delete as appropriate.