AGB

1. Scope, Definitions
1.1 These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded through our online shop between us,
Aptissen GmbH
Rindermarkt 19
85354 Freising
Germany
Managing Director: Silvia Scherer
District Court Munich
Phone number:
Email address: info@cartylis.de
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur, or merchant.
1.2 All agreements concluded between you and us in connection with the purchase contract arise in particular from these terms of sale, our written order confirmation, and our declaration of acceptance.
1.3 The version of the GTC valid at the time of conclusion of the contract shall be decisive.
1.4 These GTC apply exclusively; conflicting or deviating terms and conditions from you shall not apply; this only does not apply if we have expressly agreed to their validity in writing (§ 126 BGB). This requirement of express written consent also applies if we provide a service without reservation or accept a service from you without reservation, being aware of deviating or additional terms. § 305b BGB remains unaffected.
1.5 “Consumer” within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity (§ 13 BGB). “Entrepreneur” is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legally capable partnership is a partnership capable of acquiring rights and incurring obligations (§ 14 BGB).
1.6 A contract for the purchase of a single bag or shaker is therefore not possible. § 305b BGB remains unaffected.
2. Conclusion of Contract, Storage of Contract Text
2.1 The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.
2.2 For subscription orders (see Sec. 3), you can initiate the ordering process via the “Subscribe” button, select products from our range, and collect them in a so-called shopping cart via the “Add to Cart” button; for single orders, you can initiate the ordering process via the “Buy Now” button. A contract is not concluded at this point. By clicking the “Buy Now” button, you submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, you can view and modify the data at any time. Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., “Back” button of the browser). They can also be corrected by prematurely aborting the order process, closing the browser window, and repeating the process. The offer can only be submitted and transmitted if you accept these terms by clicking the “Accept GTC” button and thereby incorporate them into your offer. You are bound to the order for a period of two (2) weeks after submission; your right, if any, under Sec. 4 of these GTC to withdraw from the order remains unaffected.
2.3 We will then send you an automatic acknowledgment of receipt by email, listing your order and which you can print using the “Print” function. The automatic acknowledgment of receipt merely documents that your order has been received by us and does not constitute acceptance of your offer. The contract is only concluded through our declaration of acceptance, sent via a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, GTC, and order confirmation) will be sent to you on a durable medium (email or paper copy) (contract confirmation).
2.4 If the delivery of the goods ordered by you is not possible, for example because the respective goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you immediately and refund any payments already received without undue delay.
2.5 We store the contract text and send you the order data and our GTC by email (see above Sec. 2.3). The current GTC can be viewed at any time at https://cartylis.de/policies/terms-of-service. You can view your past orders in our customer login area.
2.6 In the event of contract conclusion, the contract is concluded between us and you. The contract is concluded in German.
2.7 Before ordering, all contract data can be printed via the browser’s print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular order data, GTC, and withdrawal instructions, is carried out by email after the order is triggered by you, partly automatically. Therefore, you must ensure that the email address provided by you is correct, the receipt of emails is technically ensured, and not blocked by spam filters.
3. Subscription Contracts, Termination
3.1 In addition to single orders, we also offer subscription contracts. For these contracts, the following provisions of this Sec. 3 apply additionally.
3.2 You can choose between a monthly subscription and an annual subscription. Delivery occurs (subject to the provisions in Sec. 6.2) every 28 days (“delivery date”).
3.3 The monthly subscription has an initial term of one month. Thereafter, the contract term is automatically extended indefinitely unless the contractual relationship is terminated with one month’s notice. The minimum duration of the obligation from the monthly subscription is, subject to a consumer withdrawal under Sec. 4, therefore one month.
3.4 The annual subscription has an initial term of twelve months. Thereafter, the contract term is automatically extended indefinitely unless the contractual relationship is terminated with one month’s notice. The minimum duration of the obligation from the annual subscription is, subject to a withdrawal under Sec. 4, therefore twelve months.
3.5 The right of extraordinary termination remains unaffected.
3.6 According to § 315 BGB, you have the right to adjust the flavors of your order before each delivery. This does not constitute a new contract in the sense of Sec. 2 (clarification); adjusting the flavor therefore does not restart the above-described minimum contract periods. If the adjustment occurs after we have already shipped the current order, the adjustment takes effect from the following delivery date.
4. Right of Withdrawal
4.1 If you are a consumer (see Sec. 5), you have the right of withdrawal in accordance with statutory provisions.
4.2 If you, as a consumer, exercise your right of withdrawal under Sec. 4.1, you must bear the regular costs of returning the goods.
4.3 Otherwise, the provisions for the right of withdrawal are those set out in the following
Withdrawal Instructions
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 named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us, Aptissen GmbH, Rindermarkt 19, 85354 Freising, 0160 9360 8666, info@cartylis.de, by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. You can also fill out and submit the model withdrawal form or another clear statement electronically on our website (www.cartylis.de). If you make use of this option, we will promptly (e.g., by email) send you confirmation of receipt of such withdrawal.
To meet the withdrawal deadline, it is sufficient that you send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for the additional costs resulting from choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and, in any case, no later than fourteen days from the day on which you notify us of the withdrawal from this contract to "Aptissen GmbH, Rindermarkt 19, 85354 Freising, Germany." The deadline is met if you send the goods before the period of fourteen days expires.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this loss of value results from handling the goods in a way that was not necessary to examine their nature, properties, and functioning.
- End of Withdrawal Instructions -
4.4 The right of withdrawal does not exist (see § 312 para. 2 BGB) for distance contracts
4.4.1 Contracts for the supply of goods which can quickly perish or whose expiration date would quickly be exceeded,
4.4.2 Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery,
4.4.3 Contracts for the supply of goods which, after delivery, have been inseparably mixed with other goods due to their nature,
4.4.4 Contracts for the supply of digital content not supplied on a tangible medium.
4.5 Distance contracts are, according to § 312c BGB, contracts in which the entrepreneur or a person acting on their behalf and the consumer use exclusively means of remote communication for the contract negotiations and conclusion, unless the contract is not concluded within a distribution or service system organized for distance selling. Remote communication means are all means that can be used to initiate or conclude a contract without the parties being physically present at the same time, such as letters, catalogs, phone calls, faxes, emails, messages sent via mobile network (SMS), as well as broadcast and telemedia.
5. Money-Back Guarantee
5.1 You can request a refund of the costs of your first order within 30 days of your first order (“Money-Back Guarantee”). The money-back guarantee applies only to the “one-time purchase” and the first order of the “monthly subscription.” A return of the received order is required.
5.2 The prerequisite for claiming the money-back guarantee is that you inform us no later than 30 days after receiving your first order by phone at the contact details stated in Sec. 1.1 of the reasons for your decision. This feedback is intended to help us improve our products, and providing it (not its content) is therefore a condition for the money-back guarantee.
5.3 Claiming the money-back guarantee does not terminate any existing subscription contracts; Sec. 3 applies for this purpose (clarification).
5.4 The right of withdrawal under Sec. 4 as well as any other contractual or statutory rights remain unaffected.
6. Delivery Terms
6.1 We are entitled to make partial deliveries, insofar as this is reasonable for you.
6.2 The delivery period is approximately two to three (2-3) working days, unless otherwise agreed. Delivery times stated by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance. We therefore deliver only after receipt of the purchase price plus shipping costs (clarification). The delivery times indicated by us are non-binding. Working days are all days except Sundays and public holidays. 6.3 The following delivery restrictions apply: We only deliver to customers whose usual residence (billing address) is in Germany or Austria and can provide a delivery address in Germany or Austria.
7. Prices and Shipping Costs
7.1 The prices listed in the respective offers as well as the shipping costs are total prices and include all price components, including all applicable taxes, in particular the applicable statutory VAT. In the case of subscription contracts (see Sec. 3), the total price includes the total costs incurred per billing period; if fixed amounts are invoiced, the monthly total costs are additionally indicated.
7.2 Shipping costs are indicated in our price information in our online shop. The price including VAT and applicable shipping costs is also displayed in the order form before you submit the order.
7.3 If we fulfill your order according to Sec. 6.1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we charge shipping costs for each partial delivery.
7.4 We bear the shipping risk if you are a consumer.
7.5 If you effectively withdraw your contractual declaration in accordance with Sec. 4, you may request reimbursement of already paid shipping costs to you (outbound costs) under the statutory conditions (see also Sec. 4.3 for other withdrawal consequences).
8. Payment Terms, Set-Off, and Right of Retention
8.1 The purchase price and shipping costs are due immediately upon conclusion of the contract and must be paid within two (2) weeks of receipt of our invoice. In the case of subscription contracts (Sec. 3), payment, deviating from sentence 1, is due from the second contract month on the first working day of each calendar month; billing is monthly.
8.2 You can pay the purchase price and shipping costs at your choice via PayPal Express, Shop Pay, Apple Pay, Google Pay, Amazon Pay, PayPal, Klarna (invoice), SOFORT direct transfer, or EC/Maestro or credit card. In the case of monthly payments (see Sec. 8.1), the payment method will be charged monthly. You can change the payment method stored in your account at any time.
8.3 You are not entitled to offset against our claims unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract.
8.4 As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
9. Retention of Title
The delivered goods remain our property until full payment of the purchase price.
10. Warranty
10.1 We are liable for material or legal defects of delivered items according to the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory warranty claims is two years and begins upon delivery of the goods. For entrepreneurs, the warranty period for delivered items is 12 months.
10.2 An additional guarantee exists for the goods delivered by us only if it has been expressly provided in the order confirmation for the respective item.
11. Liability
11.1 We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions.
11.2 In cases of simple negligence, we – unless otherwise regulated in Sec. 11.3 – are only liable for the breach of a contractual obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you as a customer regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulation in Sec. 11.3.
11.3 Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act or, to the extent that we have provided a guarantee for the condition of a thing or agreed on the condition of a thing, remains unaffected by the above limitations and exclusions of liability.
11.4 The liability limitations and exclusions arising from this Sec. 11 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
12. Final Provisions
12.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention and German conflict of law rules. If you placed the order as a consumer and at the time of your order had your habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
12.2 The place of jurisdiction for both parties is Hamburg, provided you are a merchant, a legal entity under public law, or a special fund under public law, or do not have a general place of jurisdiction in Germany. However, we reserve the right to also initiate legal action at your general place of jurisdiction. Mandatory statutory provisions, in particular regarding exclusive jurisdictions, remain unaffected.
12.3 No oral side agreements have been made. Amendments, additions, and the cancellation of this contract or its components must be made at least in text form. This also applies to an amendment of this clause itself. Individually concluded agreements (including side agreements, additions, and amendments) take precedence over the provisions of this contract (§ 305b BGB). For the content of such agreements, unless proven otherwise, a contract concluded in text form or a confirmation made in text form by you shall be decisive.
12. 4 Should any provision of the contract be invalid or unenforceable or the contract contain a gap, the validity of the remainder of the contract shall remain unaffected. The provisions of Sec. 4 do not constitute a mere reversal of the burden of proof but exclude the application of § 139 BGB. In case of a gap, the effective and enforceable provision that most closely meets the legal and economic purpose of this contract shall be deemed agreed.
12.5 References to the applicability of statutory provisions are for clarification purposes only. Therefore, statutory provisions shall apply unless directly amended or expressly excluded in this contract.
12.6 Alternative Dispute Resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG: The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr). You can contact us at [info@cartylis.de](mailto:info@cartylis.de). We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.