Terms and conditions
1. Scope
The following terms and conditions apply to all orders placed through 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 outside their trade, business or profession. A trader is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their trade, business or profession when entering into a legal transaction.
2. Contracting party, conclusion of contract, ways to correct errors
The purchase contract is concluded with GFY BABILON LLP (44322 Yale Rd, Unit 3B #182, Chilliwack, BC V2R 4H1, Canada), email: support@drinkguya.com.
By listing products in the online shop, we make a binding offer to conclude a contract for those items. You may initially place our products in your basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. The contract is concluded when you accept the offer for the goods in your basket by clicking the order button. Immediately after submitting your order, you will receive confirmation by email.
3. Contract language, storage of the contract text
The language available for concluding the contract is German.
We store the contract text and send you the order details and our terms and conditions in text form. For security reasons, the contract text is no longer accessible online.
4. Delivery terms
Shipping costs may be added to the product prices shown. Further information about any shipping costs is available with the relevant offers.
We deliver by shipping only. Unfortunately, collection in person is not possible. We do not deliver to parcel lockers (Packstation).
5. Payment
Our shop generally offers the following payment methods:
Credit card
When you submit your order, you enter your credit card details. Once you have been authenticated as the legitimate cardholder, the payment transaction is carried out automatically and your card is charged.
PayPal, PayPal Express
During the order process, you will be redirected to the website of the online service provider PayPal. To pay the invoice amount through PayPal, you must be registered with PayPal or register first, authenticate yourself using your login details and confirm the payment instruction to us. After you place your order in the shop, we ask PayPal to initiate the payment transaction. PayPal then carries out the payment transaction automatically. You will receive further information during the order process.
After submitting your order, you will be redirected to the website of the online service provider Sofort GmbH. To pay the invoice amount through Sofort, you must have a bank account enabled for online banking, authenticate yourself as required and confirm the payment instruction to us. You will receive further information during the order process. Sofort then carries out the payment transaction and charges your account.
Google Pay
To pay the invoice amount through Google Pay, you must be registered with the service provider Google, have Google Pay enabled, authenticate yourself using your login details and confirm the payment instruction. The payment transaction is carried out as soon as you submit your order. You will receive further information during the order process.
6. Retention of title
The goods remain our property until they have been paid for in full.
7. Damage in transit
If goods arrive with obvious damage in transit, please report the damage to the carrier as soon as possible and contact us immediately. Failing to report the damage or contact us has no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, it helps us assert our own claims against the carrier or transport insurer.
8. Statutory liability for defects and guarantees
Statutory liability for defects applies. Information about any additional guarantees that may apply and their exact terms can be found with each product and on dedicated information pages in the online shop.
9. Liability
We are always fully liable for claims arising from damage caused by us, our legal representatives or agents
• in the event of injury to life, body or health
• in the event of an intentional or grossly negligent breach of duty
• under any guarantee given, where agreed, or
• where the scope of application of the Product Liability Act is involved.
If we, our legal representatives or agents breach material contractual obligations through slight negligence – obligations whose fulfilment is essential to the proper performance of the contract and on which the other party may normally rely (cardinal obligations) – our liability is limited to the amount of damage foreseeable at the time the contract was concluded and typically expected to occur.
All other 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 withdrawal period is fourteen days from the day on which you, or a third party you have named who is not the carrier, receive the goods.
To exercise your right of withdrawal, you must inform us (GFY BABILON LLP, 44322 Yale Rd, Unit 3B #182, Chilliwack, BC V2R 4H1, Canada, support@drinkguya.com) of your decision to withdraw from this contract by means of a clear statement sent by email. You may use the attached model withdrawal form, but this is not required.
To meet the withdrawal deadline, it is sufficient for you to send your notice that you are exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, excluding delivery costs, without undue delay and no later than fourteen days from the day we receive the returned goods.
For this refund, we will use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us that you are withdrawing from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if that loss in value results from handling them in a way that was not necessary to establish their nature, characteristics and functioning.
The right of withdrawal does not apply to the following contracts:
Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
The statutory right of withdrawal applies without restriction, including to subscriptions. Details about subscription discounts can be found in Section 11, “Subscription Policy”. If a subscription was taken out “unintentionally” and the customer refuses the repeat delivery after the initial order, GFY BABILON LLP may retain the 10% discount granted on the initial order and the shipping costs incurred for the second shipment after the returned goods have been received. You may still cancel the subscription, subject to the provisions set out under “Subscription Policy”.
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
– To GFY BABILON LLP (44322 Yale Rd, Unit 3B #182, Chilliwack, BC V2R 4H1, Canada), support@drinkguya.com
– I/we (*) hereby withdraw from 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 consumer(s)
– Signature of consumer(s) (only for notification on paper)
– Date
(*) Delete as applicable.
11. Subscription Policy
(1) When a subscription is taken out, GFY BABILON LLP grants a 10% discount on the value of the goods in every delivery made under the subscription.
(2) The minimum subscription term is 2 deliveries (2 cycles).
(3) The discount on the first delivery is granted on the condition that the subscription remains in place for the minimum term of 2 deliveries.
(4) The customer may cancel the subscription at any time. However, if cancellation takes place after the first delivery but before the second delivery is shipped, the condition for granting the discount under paragraph 3 will not have been met. In that case, GFY BABILON LLP is entitled to reclaim the discount granted on the first delivery.
(5) The statutory right of withdrawal remains unaffected by this provision.
This discount can be granted only because, when the subscription is taken out, it is assumed that the customer will use the subscription several times. GFY BABILON LLP calculates its consumption and replenishment of goods accordingly.
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
As of: 28.07.2020