Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

1. SCOPE

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. CONTRACTUAL PARTIES, CONCLUSION OF CONTRACT, CORRECTION POSSIBILITIES

The purchase contract is concluded with GUYA - Guayusa GmbH (Kolonnenstr. 8, 10827 Berlin, Germany, phone: +493091700603, email: weall@drinkguya.com, managing director: Sebastian Freidank).
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.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. TERMS OF DELIVERY

Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible. We do not deliver to packing stations.

5. PAYMENT

The following payment methods are generally available in our shop:

 

 

 


 

6. RESERVATION OF TITLE

The goods remain our property until full payment.

7. DAMAGE IN TRANSIT

If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8. WARRANTY AND GUARANTEES

The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

9. LIABILITY

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the case of intentional or grossly negligent breach of duty
• in the case of promises of guarantees, if agreed, or
• as far as the area of ​​application of the Product Liability Act is open.
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) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.

10. WITHDRAWAL

RIGHT OF WITHDRAWAL

You have the right to withdraw from 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 goods.
In order to exercise your right of withdrawal, you must send us (GUYA - Guayusa GmbH, Kolonnenstr. 8, 10827 Berlin, Germany, support@drinkguya.com, phone: 03091700603) a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF REVOCATION

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), 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 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 withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

SAMPLE CANCELLATION FORM


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

– To GUYA - Guayusa GmbH, Kolonnenstr. 8, 10827 Berlin, Germany, support@drinkguya.com

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of the consumer(s)

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

- Date

(*) Delete where not applicable.

11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Status: 07/28/2020

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed through 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 independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with FreeSeb-Media LTD (ELEFTHERIAS LEOFOROS 25, Theletra 8723, PAPHOS, Cyprus, email: weall@drinkguya.com, Managing Director: Sebastian Freidank).
By placing the products in our online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during 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 submitting the order, you will receive a confirmation email.

3. Contract language, contract text storage

The language available for the conclusion of the contract: German
We save the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible online.

4. Delivery conditions

Shipping costs may apply in addition to the stated product prices. Further details regarding applicable shipping costs can be found in the respective offers.
We only ship by mail. Unfortunately, self-collection of the goods is not possible. We do not deliver to packing stations .

5. Payment

In our shop you can generally use the following payment methods:

credit card

When you place your order, you provide your credit card details. Once you have verified yourself as the legitimate cardholder, the payment transaction will be processed automatically, and your card will be charged.

PayPal, PayPal Express

During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction. The payment transaction is processed automatically by PayPal immediately thereafter. You will receive further instructions during the ordering process.

Sofort by Klarna

After placing your order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have a bank account activated for online banking, verify your identity, and confirm the payment order to us. You will receive further information during the ordering process. Sofort will process the payment transaction immediately afterward, and your account will be debited.

Purchase on account via Klarna

In collaboration with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoices are only available to consumers and that payment must be made to Klarna. When purchasing on account with Klarna, you always receive the goods first, and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here .

Google Pay

To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay feature, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed immediately after you place your order. Further information will be provided during the ordering process.

6. Retention of title

The goods remain our property until full payment has been made.

7. Transport damage

If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.

8. Warranty and guarantees

The statutory warranty for defects applies. Information on any applicable additional warranties and their exact terms and conditions can be found with the product and on special information pages in the online shop.

9. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.

10. Revocation

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 goods.
To exercise your right of withdrawal, you must inform us (FreeSeb-Media LTD ELEFTHERIAS LEOFOROS 25, Theletra 8723, PAPHOS, Cyprus, support@drinkguya.com) of your decision to withdraw from this contract by means of a clear statement via email. You may use the attached model withdrawal form, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, excluding delivery costs, immediately and at the latest within fourteen days from the day on which we received the returned goods.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise 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 proof 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 that you have cancelled 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.

The right of withdrawal does not apply to the following contracts:
Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

The right of withdrawal is limited only for the following contracts:
Conclusion of a subscription and the use of the additional discount. If the subscription was concluded "accidentally" and the re-shipment is refused after the initial order, FreeSeb-Media LTD reserves the right to retain the 10% discount granted for the first initial order as well as the shipping costs incurred for the second shipment after receipt of the returned item. Cancellation of the subscription may still occur, but is subject to the terms and conditions set out in the "Subscription Guidelines."

Sample cancellation form


(If you wish to cancel the contract, please fill out this form and return it.)

– To FreeSeb-Media LTD (ELEFTHERIAS LEOFOROS 25, Theletra 8723, PAPHOS, Cyprus, support@drinkguya.com

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the 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 made on paper)

- Date

(*) Delete as appropriate.

11. Subscription Guidelines

FreeSeb-Media LTD grants an additional 10% discount on the entire order upon signing up for a subscription. This discount is only available because, upon signing up, it is assumed that the customer will use the subscription multiple times. FreeSeb-Media LTD calculates the consumption and new purchases of goods accordingly.
The minimum subscription period is therefore 2 (two cycles). Should the subscription be canceled before or upon delivery of the second order, FreeSeb-Media LTD reserves the right to retain the resulting costs (shipping and discount granted) after receipt of the return (second shipment).

12. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

As of: July 28, 2020