Contract terms and conditions with cancellation policy for purchase agreements with private customers made via the platform http://www.minimeal.com

SUN AG

Friedberg 234

A-9427 Wolfhalden

Email: support@minimeal.com

– hereinafter referred to as "Provider" –

and

the users of this platform referred to in § 2 of these GTC – hereinafter referred to as "Customer/Customers" – will be concluded.
 

Scope of Application

For the business relationship between the Provider and the Customer, only the following General Terms and Conditions in their version valid at the time of the order shall apply. Deviating conditions of the Customer are not recognized, unless the Provider expressly agrees to their validity in writing.

Conclusion of Contract

(1) The Customer can select products from the Provider's assortment and collect them in a so-called shopping cart by clicking the "add to cart" button. By clicking the "Buy now" button, they submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. The Customer can also order the products as a subscription and cancel it at any time without a notice period. The cancellation must be carried out by the Customer via the app or via the website www.minimeal.com in their login. The cancellation must be made at least 24 hours before the next delivery date. This is indicated in the app.

(2) The Provider will then send the Customer an automatic confirmation of receipt with the subject "Confirmation of your order" by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The Customer's order (1) thereby constitutes the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the Provider. In this, the content of the order is summarized. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, GTC and order confirmation) will be sent to the Customer by us on a durable medium (e-mail or paper printout). The contract text is stored in compliance with data protection regulations.

(3) The contract is concluded in the languages: German.

(4) A right of return for food is generally excluded. For orders paid in advance (proforma invoice) in connection with the receipt of SUN Points, an extraordinary right of withdrawal is excluded.

(5) If a customer exchanges SUN-Points or SUN-Credits, which they received as part of the SUN-Rewards Program or acquired via Prepay, into Blockchain Tokens, they enter into a loan agreement for 12 months. The value of the Blockchain Tokens is stated as 0, as there is no intrinsic value due to the obligation to return. The customer can exchange the Tokens back into SUN-Points or Prepay at any time within 12 months using a return function in their login ("BURN"). If no return is made after 12 months, the loan is considered terminated and the claim to SUN-Points and Prepay expires.

Delivery, Goods Availability, Payment Terms

(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.

The Customer is obliged to provide a complete and correct delivery address and to ensure acceptance of the shipment.

If the goods cannot be delivered due to incorrect, incomplete, or outdated address details provided by the Customer, if the Customer refuses to accept a shipment delivered in accordance with the contract, or if the Customer fails to pick up a shipment made available for collection within the period specified by the shipping service provider, the Customer shall bear all additional costs incurred as a result.

This includes, in particular, return shipping costs, surcharges and fees from the shipping service provider, processing costs, and the costs of a renewed delivery requested by the Customer.

The Provider is entitled to invoice these costs separately to the Customer. A renewed delivery will only take place after full settlement of all outstanding claims.

For food and other perishable goods, there is no claim to free replacement delivery, renewed shipment, or refund of the purchase price after a return due to non-acceptance, non-collection, or undeliverability caused by the Customer.

Should the customer not report the non-receipt of the goods within 14 days of ordering, there is no right to a refund.

(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider will also inform the Customer immediately. In the event of a shipping delay of more than 14 working days, the Customer has the right to withdraw from the contract. Postal delivery times are not taken into account here. Otherwise, in this case, the Provider is also entitled to withdraw from the contract. Any payments already made by the Customer will be refunded immediately.

(3) Deliveries are made exclusively to the delivery areas indicated in the checkout at the time of order. The available delivery countries and regions may be adjusted at any time. The selection option in the checkout at the time of contract conclusion is decisive.

(4) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.

(5) If the Customer defaults on payment, a flat fee of €7.00 will be charged for each payment reminder or dunning notice issued.

(6) Should a chargeback occur for payments made via direct debit, for example because the customer's account has insufficient funds, the resulting costs will be charged to the customer.

(7) In the case of outstanding claims from previous orders, the provider is entitled to refuse new orders or to postpone their processing and delivery until all outstanding claims have been fully settled.

(8) Customer payments for advance payment (Prepay) represent the acquisition of credit in the form of a multi-purpose voucher.

The amount paid in by the customer will be credited to their customer account as a monetary credit. This credit does not establish a claim to a specific good or service but entitles the customer to use it freely within its validity period.

The credit can be used in particular for:
•⁠ ⁠the purchase of goods (including, but not limited to SUN Minimeal products),
•⁠ ⁠the acquisition of other products (e.g., merchandise),
•⁠ ⁠the use of services (e.g., shipping),
•⁠ ⁠as well as for the use of benefit and discount systems (e.g., conversion into SOIL-based discount points or comparable bonus mechanisms).

The specific type of service and the applicable VAT rate are determined only at the
time of redemption of the credit.

The credit is valid for a period of up to 10 years from the date of payment receipt. Within this period, it can be redeemed in whole or in part.
The credit is used on a monetary basis. Prices, available products, and any delivery costs are determined at the time of redemption, so the quantity of goods or services purchased may vary.

The credit does not bear interest and is non-refundable.

In the event of a customer account deletion, the credit remains valid during the statutory or contractual validity period. SUN AG reserves the right to ensure further management of the credit outside the customer account or to let it expire after the validity period.

Inspection of Delivery and Complaints

The customer is requested to inspect the goods immediately upon receipt. Obvious transport, packaging, or heat damage should be reported without delay, but no later than five days after delivery, stating the order number and with meaningful photos.

Retention of Title

The delivered goods remain the property of the Provider until the purchase price has been paid in full.

Prices and Shipping Costs

(1) All prices stated on the Provider's website include the applicable statutory value-added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises any right of withdrawal.

Liability

(1) Customer claims for damages are excluded. This excludes customer claims for damages resulting from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Foodstuffs are excluded from the right of withdrawal.

(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless it concerns customer claims for damages resulting from injury to life, body, or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) Temperature-related changes - for products containing chocolate or other temperature-sensitive ingredients, temperature-related changes such as softening, deformation, or optical imperfections may occur despite suitable packaging, cool packs, and careful shipping preparation. The Provider cannot guarantee an uninterrupted cold chain.

Such temperature-related changes do not constitute a material defect if the marketability, safety, and edibility of the product are not impaired. A return, replacement delivery, refund of the purchase price, or any other compensation due to exclusively optical or temperature-related changes is excluded.

(5) The provisions of the Product Liability Act remain unaffected.

Information on Data Processing

1) The Provider collects customer data within the framework of contract processing. In doing so, it particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the Provider will only collect, process, or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia. If a customer is invited via a referral link, the sender of the referral link will only receive the first and last name if a registration has taken place.

(2) Without the customer's consent, the provider will not use the customer's data for purposes of advertising, market or opinion research.

Right of Withdrawal

(1) You have a fourteen-day right of withdrawal in the European Union. The withdrawal period begins upon receipt of payment and delivery of the payment confirmation with reference to these General Terms and Conditions. If digital services in the form of SUN-Points, SOIL Tokens or STBL Tokens are used, the consumer expressly waives their right of withdrawal by accepting a checkbox when using the digital services, thereby waiving the right of withdrawal. The withdrawal can be made without stating reasons within the withdrawal period by e-mail, via the Helpcenter on www.minimeal.com, or by timely return of the item.

Final Provisions

(1) Contracts between the Provider and the Customers shall be governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.

(3) Even if individual points are legally ineffective, the remaining parts of the contract remain binding. In place of the ineffective points, the statutory provisions shall apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the entire contract shall become ineffective.

(4) There is no right of withdrawal for goods purchased by advance payment (proforma invoice), as SUN Points are immediately distributed as part of the SUN Reward Program, and thus a portion of the service is rendered immediately upon receipt of payment.

(5) Ancillary agreements require written form.