Terms of service

1. Scope of application, definitions
1.1 These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us,
Aptissen GmbH Rindermarkt 19
85354 Freising
Germany Managing Director: Silvia Scherer Local Court of 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 result in particular from these terms and conditions 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; your conflicting or deviating GTC shall not apply; this shall only not apply if we expressly agree to their application in writing (§ 126 BGB). This requirement for express written consent also applies if we perform without reservation in the knowledge of deviating or supplementary GTC or accept a performance from you without reservation. § 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 cannot be attributed predominantly either to their commercial or to their independent professional activity (§ 13 BGB). "Entrepreneur" is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the capacity to acquire rights and enter into obligations (§ 14 BGB).
1.6 It is therefore not possible to conclude a contract for the purchase of a single pouch or shaker. § 305b BGB remains unaffected.
2. Conclusion of contract, storage of the contract text
2.1 The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a purchase contract.
2.2 For subscription orders (see clause 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 individual orders you can initiate the ordering process via the "Buy now" button. A contract is not yet 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 change and view the data at any time. Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "Back button"). They can also be corrected by terminating the ordering process early, closing the browser window and repeating the process. However, the offer can only be submitted and transmitted if you accept these terms and conditions by clicking on the "Accept GTC" button and thereby incorporate them into your offer. You are bound by the order for a period of two (2) weeks after placing the order; your right to withdraw the order pursuant to clause 4 of these GTC, if applicable, remains unaffected.
2.3 We will then send you an automatic acknowledgement of receipt by email, in which your order is listed and which you can print out using the "Print" function. The automatic acknowledgement 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 when we issue our declaration of acceptance, which is sent by a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send you the contract text (consisting of the order, GTC and order confirmation) on a durable medium (email or paper printout) (contract confirmation).
2.4 Should delivery of the goods you have ordered not be possible, for example because the relevant goods are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you of this without delay and immediately refund any consideration already received.
2.5 We store the contract text and send you the order data and our GTC by email (see clause 2.3 above). The current GTC can be viewed at any time at https://cartylis.de/policies/terms-of-service. Your past orders can be viewed in our customer login area.
2.6 In the event of conclusion of the contract, the contract is concluded between us and you. The contract is concluded in the German language.
2.7 Before placing the order, all contract data can be printed out using 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 the order data, the GTC and the withdrawal policy, is carried out by email after you have placed the order, partly in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and in particular is not prevented by spam filters.
3. Subscription contracts, cancellation
3.1 In addition to individual orders, we also offer subscription contracts. The following provisions of this clause 3 apply additionally to these contracts.
3.2 You can choose between a monthly subscription and an annual subscription. Shipping takes place (subject to the provisions in clause 6.2) every 28 days ("shipping date").
3.3 The monthly subscription has an initial term of one month. Thereafter, the contract term automatically extends for an indefinite period, unless the contractual relationship is terminated with one month's notice. The minimum duration of the obligation under the monthly subscription is therefore, subject to a consumer withdrawal pursuant to clause 4, one month.
3.4 The annual subscription has an initial term of twelve months. Thereafter, the contract term automatically extends for an indefinite period, unless the contractual relationship is terminated with one month's notice. The minimum duration of the obligation under the annual subscription is therefore, subject to a withdrawal pursuant to clause 4, twelve months.
3.5 The right to extraordinary termination remains unaffected.
3.6 Pursuant to § 315 BGB you have the right to adjust the flavours of your order before each delivery. This does not entail the conclusion of a new contract within the meaning of clause 2 (clarification); the adjustment of the flavour does not in particular lead to a restart of the minimum contract terms described above. If the adjustment is made after we have already dispatched the current order, the adjustment shall only take effect from the following shipping date.
4. Right of Withdrawal
4.1 If you are a consumer (see clause 5), you are entitled to a right of withdrawal in accordance with the statutory provisions.
4.2 If, as a consumer, you exercise your right of withdrawal pursuant to clause 4.1, you shall bear the standard costs of return shipping.
4.3 In all other respects, the provisions governing the right of withdrawal are those set out in detail in the following
Withdrawal Policy
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 designated by you, who is not the carrier, took physical 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 — of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the enclosed model withdrawal form for this purpose, although this is not mandatory. You may also complete and submit the model withdrawal form or another clear statement electronically via our website (www.cartylis.de). If you make use of this option, we will send you a confirmation of receipt of such withdrawal without delay (e.g. by email).
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from your choice of 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 received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to "Aptissen GmbH, Rindermarkt 19, 85354 Freising, Germany" without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall 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.
- End of Withdrawal Policy -
4.4 The right of withdrawal does not apply (see § 312 para. 2 BGB) to distance contracts for: 
4.4.1 Contracts for the supply of goods that are liable to deteriorate rapidly or whose expiry date would be quickly exceeded;
4.4.2 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;
4.4.3 Contracts for the supply of goods which, after delivery, are by their nature inseparably mixed with other goods;
4.4.4 Contracts for the supply of digital content not provided on a tangible medium.
4.5 Distance contracts pursuant to § 312c BGB are contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer use exclusively means of distance communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a sales or service system organised for distance selling. Means of distance communication are all means of communication which can be used to initiate or conclude a contract without the simultaneous physical presence of the contracting parties, such as letters, catalogues, telephone calls, faxes, emails, messages sent via mobile phone service (SMS), as well as broadcasting and telemedia.
5. Money-Back Guarantee
5.1 You may request a refund of the costs of your first order within 30 days of placing it ("money-back guarantee"). The money-back guarantee applies only to the "one-time purchase" and the first order of the "monthly subscription". Return of the received order is required.
5.2 A condition for making use of the money-back guarantee is that you inform us by telephone, using the contact details stated in clause 1.1, of the reasons for your decision no later than 30 days after receiving your first order. This feedback is intended to help us improve our products further, and its communication (but not its content) is therefore a condition of the money-back guarantee.
5.3 Making use of the money-back guarantee does not constitute cancellation of any existing subscription contracts; clause 3 applies for this purpose (clarification).
5.4 The right of withdrawal pursuant to clause 4 and all other existing contractual or statutory rights remain unaffected.
6. Delivery conditions
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, subject to prior payment of the purchase price. We therefore only deliver after receipt of the purchase price including shipping costs (clarification). The delivery times stated 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 who have their habitual residence (billing address) in Germany or Austria and who can provide a delivery address in Germany or Austria.
7. Prices and shipping costs
7.1 The prices stated in the respective offers and the shipping costs are total prices and include all price components including all applicable taxes, in particular the applicable statutory value added tax. In the case of subscription contracts (see clause 3), the total price includes the total costs incurred per billing period; insofar as fixed amounts are invoiced, the monthly total costs are also stated.
7.2 The shipping costs are stated in our price information in our online shop. The price including VAT and any applicable shipping costs is also displayed in the order form before you submit the order.
7.3 If we fulfil your order by partial deliveries pursuant to clause 6.1, shipping costs will only be charged to you for the first partial delivery. If partial deliveries are made at your request, we will 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 pursuant to clause 4, you may claim reimbursement of already paid costs for shipping to you (outbound shipping costs) under the statutory conditions (see clause 4.3 for other consequences of withdrawal).
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 no later than two (2) weeks from receipt of our invoice. In the case of subscription contracts (clause 3), payment is due, in deviation from sentence 1, from the second contract month on the first working day of the respective calendar month; billing is on a monthly basis.
8.2 You may pay the purchase price and shipping costs, at your choice, by PayPal Express, Shop Pay, Apple Pay, Google Pay, Amazon Pay, PayPal, Klarna (invoice), SOFORT bank transfer or EC/Maestro card or credit card. In the case of monthly payments (see clause 8.1), the payment method will be charged monthly. You can change the payment method stored in your user account at any time.
8.3 You are not entitled to set off against our claims unless your counterclaims have been established by a court of final instance or are undisputed. You are also entitled to set off against our claims if you assert complaints about defects or counterclaims arising 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 the purchase price has been paid in full.
10. Warranty
10.1 We are liable for material or legal defects of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins upon delivery of the goods. In relation to entrepreneurs, the warranty period for delivered goods is 12 months.
10.2 An additional guarantee exists for goods delivered by us only if this has been expressly given 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 the statutory provisions.
11.2 In cases of simple negligence, we are liable — unless otherwise regulated in clause 11.3 — only in the event of a breach of a contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and only limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in clause 11.3.
11.3 Our liability for damages arising from injury to life, body or health and under the Product Liability Act, or insofar as we have assumed a guarantee for the quality of an item or reached an agreement on the quality of an item, remains unaffected by the above limitations and exclusions of liability.
11.4 The limitations and exclusions of liability arising from this clause 11 also apply in favour 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 Convention on Contracts for the International Sale of Goods and German conflict of laws rules. If you have placed the order as a consumer and at the time of your order have 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 contracting 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. We reserve the right, however, to take legal action at your general place of jurisdiction as well. Overriding statutory provisions, in particular regarding exclusive jurisdictions, remain unaffected. 12.3 No oral collateral agreements have been made. Amendments, supplements and the cancellation of this contract or its components require at least the text form. This also applies to any amendment of this clause itself. Individual agreements made in specific cases (including collateral agreements, supplements and amendments) shall in any case take precedence over the provisions of this contract (§ 305b BGB). The content of such agreements shall be governed, subject to proof to the contrary, by a contract concluded in text form or a confirmation issued in text form by you. 12.4 Should any provision of the contract be or become invalid or unenforceable, or should the contract contain a gap, this shall not affect the validity of the remainder of the contract. The provisions of this clause 4 do not merely reverse the burden of proof but exclude the application of § 139 BGB. In the event of a gap, the valid and enforceable provision that comes closest to the legal and economic objective of this contract shall be deemed to have been agreed. 12.5 References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply insofar as they are not 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 is accessible at https://ec.europa.eu/consumers/odr. You can contact us at info@cartylis.de. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.