AGB
GENERAL TERMS AND CONDITIONS
DN8 Supplements
Moritz Trojan and Paul Preuß
Bodenseestraße 12, 88145 Opfenbach, Federal Republic of Germany
info@dn8.store
§1 Operator, Provider and Contracting Party
(1) The online store operated under the name DN8 Supplements (hereinafter referred to as the "Operator") is operated by:
DN8 Supplements, represented by Moritz Trojan and Paul Preuß, Bodenseestraße 12, 88145 Opfenbach, Federal Republic of Germany. E-Mail: info@dn8.store
(2) DN8 Supplements is the contractual partner for all contracts concluded via the online store.
(3) Mandatory provider information pursuant to applicable statutory provisions is made available in the Legal Notice (Imprint), which forms an integral part of these Terms and Conditions.
§2 Scope of Application
(1) These Terms and Conditions shall apply exclusively to all contracts concluded between the Operator and its customers through the DN8 Supplements online store.
(2) Customers within the meaning of these Terms and Conditions shall be both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB.
(3) Any terms and conditions of the customer that deviate from or conflict with these Terms and Conditions shall not become part of the contract unless expressly agreed to in writing by the Operator.
(4) Individual contractual agreements shall take precedence over these Terms and Conditions.
§3 Formation of Contract
(1) The presentation of goods in the online store shall not constitute a legally binding offer, but merely an invitation to submit an offer to purchase.
(2) By placing an order, the customer submits a binding contractual offer.
(3) A contract shall be deemed concluded only upon express order confirmation by the Operator in text form, or upon dispatch of the ordered goods.
(4) The Operator reserves the right to refuse orders in cases of suspected abuse, commercial resale, or violation of statutory provisions or these Terms and Conditions.
(5) In the case of subscription-based orders, the contract shall include a recurring delivery obligation in accordance with §15.
§4 Subject Matter of the Contract – Dietary Supplements
(1) The goods offered by the Operator constitute dietary supplements within the meaning of applicable food and consumer protection laws.
(2) The products do not constitute medicinal products and are not intended to diagnose, treat, cure, or prevent any disease.
(3) Dietary supplements are not a substitute for a balanced and varied diet or a healthy lifestyle.
(4) The recommended daily intake stated on the packaging or product description shall not be exceeded under any circumstances.
(5) The products are not suitable for:
— minors, — pregnant or breastfeeding persons, — persons with known or unknown pre-existing medical conditions, — persons with cardiovascular disorders, — persons with sensitivity to caffeine or comparable stimulant substances.
(6) In case of doubt, consumption shall only take place after consultation with a qualified physician or healthcare professional.
§5 Assumption of Risk and Personal Responsibility
(1) The purchase, handling, consumption, and use of the products shall be at the customer's sole risk and responsibility.
(2) The Operator assumes no responsibility or liability for individual reactions, intolerances, or adverse effects resulting from consumption.
(3) The customer shall be solely responsible for verifying the compatibility of the products with their individual health condition and for compliance with applicable statutory provisions in their jurisdiction.
§6 Limitation of Liability
(1) The Operator shall be liable without limitation only in cases of intent or gross negligence.
(2) In the event of slight negligence, the Operator's liability shall be limited to breaches of material contractual obligations essential for the proper performance of the contract, and shall be limited to foreseeable, contract-typical damages.
(3) Any further liability, in particular for indirect damages, consequential damages, loss of profit, or other pecuniary losses, is excluded to the maximum extent permitted by law.
(4) Liability shall only arise if the product has been used strictly in accordance with all instructions and warnings provided, and a verifiable product defect is proven.
(5) Mandatory statutory liability, including liability under applicable product liability laws, shall remain unaffected.
§7 No Medical or Performance Guarantees
(1) Any information provided by the Operator relating to energy levels, cognitive focus, physical performance, or similar effects shall be of a purely informational nature.
(2) No assurances, warranties, or guarantees of medical, therapeutic, or curative effects are given.
(3) Individual results may vary and depend on numerous factors beyond the Operator's control.
§8 Right of Withdrawal and Hygiene Exclusion
(1) Consumers shall, in principle, be entitled to a statutory right of withdrawal.
(2) For reasons of health protection and hygiene, the right of withdrawal shall not apply to sealed goods which are not suitable for return once unsealed after delivery, insofar as legally permissible.
(3) Further details, including the voluntary 30-day Lock-In Guarantee, are set out in the separate Withdrawal Policy, which forms an integral part of these Terms and Conditions.
§9 Prices, Currency and Payment Terms
(1) Prices shall be displayed in the currency corresponding to the customer's location.
(2) The price displayed during the checkout process shall be binding.
(3) Unless expressly stated otherwise, prices include all applicable taxes required by law and exclude shipping costs, which shall be shown separately during checkout.
(4) For deliveries outside the European Union, additional customs duties, taxes, or charges may apply and shall be borne exclusively by the customer.
(5) Available payment methods shall be displayed during checkout.
(6) In the case of subscription products, recurring charges shall be applied automatically in accordance with the selected subscription plan and delivery interval.
§10 Retention of Title
The delivered goods shall remain the property of the Operator until full and final settlement of all outstanding payment claims arising from the contractual relationship.
§11 Privacy Policy
The collection, processing, and use of personal data is governed by the separate Privacy Policy of DN8 Supplements, which is accessible at all times via the online store and forms an integral part of these Terms and Conditions.
§12 Dispute Resolution
(1) The European Commission provides an online dispute resolution platform (OS platform) accessible at: https://ec.europa.eu/consumers/odr
(2) DN8 Supplements is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and does not generally participate in such proceedings.
(3) The Operator's e-mail address for dispute-related inquiries is: info@dn8.store
§13 Governing Law and Jurisdiction
(1) These Terms and Conditions and all contractual relationships shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent legally permissible.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the registered office of the Operator.
(3) For consumers domiciled within the European Union, the mandatory consumer protection provisions of the country of domicile shall remain unaffected.
§14 Severability Clause
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the original provision.
§15 Subscription Agreements (Recurring Deliveries)
(1) Certain products are offered on a subscription basis involving recurring deliveries at predefined intervals (e.g. every four (4) weeks).
(2) By selecting a subscription option, the customer enters into a recurring contractual relationship and expressly agrees to periodic billing in accordance with the selected delivery interval.
(3) Subscriptions may be cancelled at any time without minimum term, notice period, or cancellation fee, effective from the next scheduled delivery cycle.
(4) Cancellation must be submitted prior to the processing of the next scheduled shipment, either via the customer account or by written notice to info@dn8.store.
(5) Once a recurring order has been processed and dispatched, it shall be deemed a separate and final purchase transaction and may no longer be cancelled or reversed.
(6) Cancellation of a subscription does not entitle the customer to a refund of any delivery already processed or dispatched at the time of cancellation.
(7) The Operator reserves the right to modify subscription pricing or delivery terms upon reasonable prior notice to the customer in accordance with applicable law.
§16 Voluntary 30-Day Lock-In Guarantee
(1) In addition to statutory rights, the Operator offers a voluntary thirty (30) day satisfaction guarantee ("Lock-In Guarantee") subject to the conditions set out below.
(2) This guarantee constitutes a voluntary commercial commitment and does not create any legal entitlement beyond the conditions expressly defined herein.
(3) Eligibility conditions:
— The request must be submitted in writing to info@dn8.store within thirty (30) days of delivery.
— The product may be returned even if opened, provided that more than fifty percent (50%) of the original product quantity remains in the pouch.
— The remaining product, including the original pouch and outer packaging (box), must be returned.
— The returned product and packaging must be free from damage and in a condition that allows the Operator to assess its contents.
— The customer bears the cost of return shipping.
— Refunds shall only be issued upon receipt and inspection of the returned product and packaging.
— Only the first purchase per customer per product line shall be eligible.
— If a subscription customer claims the Lock-In Guarantee on their initial order, the subscription shall be automatically cancelled with immediate effect, and no further deliveries or charges shall occur.
— The guarantee does not apply to recurring subscription deliveries beyond the initial order.
— The guarantee does not apply to products obtained for commercial or resale purposes.
(4) The Operator retains sole discretion in determining eligibility and compliance with the above conditions.
(5) Any reimbursement granted under this guarantee constitutes a voluntary goodwill gesture and shall not be construed as acknowledgment of any legal obligation.