General Terms and Conditions

§ 1 Scope and contracting party

1. These terms apply to all orders placed via nutify.de and by email, telephone or WhatsApp.

2. Your contracting party is Dimitrios Christou, sole trader, trading as “Nutify”, Im Brechloch 5, 71254 Ditzingen, Germany, email info@nutify.de, telephone +49 176 20815840 (“Nutify”).

3. Customers may be consumers (Section 13 German Civil Code, BGB) or businesses (Section 14 BGB). Provisions that apply to only one group are marked as such.

4. Deviating terms of businesses apply only if Nutify expressly agrees to them in writing.

§ 2 Products

1. Nutify Original: snacks in Nutify design without personalisation. Can be ordered from 1 carton.

2. With your logo: snacks with the customer's logo. Minimum order 3 cartons per variety, per packaging colour and per logo. Cannot be mixed.

3. Product photos may differ slightly from the goods delivered, for example in colour or in the composition of the mix. This does not apply to the stated ingredients and allergens.

§ 3 Conclusion of contract

1. The presentation on the website is not a legally binding offer but an invitation to place an order.

2. By submitting an order, the customer makes a binding offer. Nutify confirms receipt by email. This confirmation does not yet constitute acceptance.

3. The contract is concluded when Nutify accepts the order by email or ships the goods.

4. For products with a logo, the contract is concluded only when the customer approves the print. Nutify sends a preview for this purpose in advance.

5. The language of the contract is German. Nutify stores the contract text and sends it in text form with the order confirmation.

§ 4 Prices and shipping costs

1. For consumers, the stated gross prices including statutory VAT apply. For businesses, net prices plus VAT are also stated.

2. Shipping within Germany by DHL: €3.99 net (€4.27 gross) per parcel. For business customers in the Stuttgart region (+50 km), Nutify delivers logo orders itself free of charge. Nutify Original orders are always shipped by DHL.

3. The sample box is free of charge; only the shipping costs apply.

§ 5 Promotions

1. Introductory offer: all Nutify Original products are available at the introductory price until 31 December 2026 inclusive, 10% below the regular price applicable from 1 January 2027.

2. Welcome offer for logo products: on the first order, the customer receives 11 cartons and pays for 10.

3. Promotions cannot be combined and cannot be paid out in cash, unless stated otherwise.

§ 6 Payment

1. Payment in advance (bank transfer). The bank details are stated in the order confirmation.

2. Businesses may purchase on account after review. Payment term 14 days from the invoice date, without deduction.

3. For first logo orders, Nutify may require payment in advance.

§ 7 Delivery

1. Delivery area: Germany.

2. Nutify Original: delivery time 2–4 working days from receipt of payment, or from conclusion of contract for purchase on account.

3. With logo: delivery time 7–10 working days from print approval.

4. If a product is not available, Nutify informs the customer without delay. Amounts already paid are refunded immediately.

§ 8 Retention of title

The goods remain the property of Nutify until paid in full. For businesses, this applies until all claims arising from the ongoing business relationship have been settled.

§ 9 Right of withdrawal

1. Consumers have a right of withdrawal in accordance with the withdrawal policy.

2. There is no right of withdrawal for products bearing the customer's logo, as they are made to customer specifications.

3. Businesses have no statutory right of withdrawal.

§ 10 Storage

The goods must be stored in a dry, cool place protected from heat.

§ 11 Transport damage and defects

1. Statutory warranty law applies.

2. Consumers are asked to report obvious transport damage to the carrier immediately and to inform Nutify. This does not affect their statutory rights.

3. Businesses must inspect the goods without delay and report defects in writing within 5 working days (Section 377 German Commercial Code, HGB, where applicable). For businesses, the limitation period for warranty claims is 12 months from delivery.

§ 12 Logo and artwork

1. The customer warrants that they hold the rights to the logos and designs submitted. They indemnify Nutify against third-party claims.

2. Nutify may reject designs that violate the law or public morals.

3. Slight colour deviations between screen, preview and print are technically unavoidable and do not constitute a defect.

4. Nutify may show finished products bearing the customer's logo as a reference unless the customer objects.

§ 13 Liability

1. Nutify is liable without limitation for intent, gross negligence, injury to life, body or health, and under the German Product Liability Act.

2. In cases of slight negligence, Nutify is liable only for breach of essential contractual obligations and limited to the foreseeable damage typical for the contract.

§ 14 Dispute resolution

Nutify is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory consumer protection provisions of their country of residence.

2. The place of jurisdiction for merchants and legal entities under public law is Nutify's registered place of business.

3. If individual provisions are invalid, the remainder of the contract remains valid.