Terms and Conditions

§1 General / Scope

The provider and contractual partner for all deliveries, services and offers is Frank Juice GmbH, Grüntal 34, 81925 München. Register court: Amtsgericht München. Registration number: HRB 207510. VAT ID: DE 291623196. Managing directors: Korbinian Gerstl, Daniel Andreoli. Fax: + 49 (0)89 21 58 05 81. Email: info@thefrankjuice.com. These general terms and conditions (T&Cs) apply to all contractual relationships established between Frank Juice GmbH (hereinafter: "Frank Juice" or "we") and its customers (hereinafter: customers). A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. A business is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity. Conflicting terms of customers only become part of the contract if they are expressly acknowledged by Frank Juice.

§ 2 Conclusion of contract

Online order: The presentation of the goods on these pages does not constitute a binding offer by Frank Juice to conclude a contract. Through the presentation, the customer is merely invited to submit an offer. Gift cards can be placed in the cart on the relevant page after entering the name and email address and selecting the value of the gift card by clicking the "Add to cart" or "Select" button. By clicking the "Add to cart" or "Select" button, the customer can choose the desired category of juices and place it in the cart. On the page that then appears, the customer can choose the desired duration of the cleanse (1 day, 3 days, 5 days) and the desired start date. After selecting these items and clicking "Add to cart", the customer is shown that the goods have been successfully added to the cart. They can continue shopping or view the contents of the cart by clicking "Cart". In the cart, the customer can check the contents and already make corrections to the items here. The customer has the option to update the cart or continue shopping. At this point, the customer can also choose to redeem a gift card. By clicking the "Checkout" button, the customer is taken to a new page. If the customer already has a customer account, they can log in here. If they do not yet have a customer account, they can now create one or continue the purchase as a guest. Unless a customer account exists, the customer must enter their personal data. By clicking "Continue", the customer is taken to a new page where they must provide details on the shipping method. By clicking "Continue", the customer is taken to a new page where they must select the desired payment method. By clicking "Continue", the customer is taken to a new page where the details and the chosen product are summarised. Before the order is submitted, the data can be viewed, changed and deleted at any time. Any input errors can be identified before the order is placed and can be corrected at any time before submission using the "Change" function. The order can only be placed and submitted if the customer has previously accepted, and thereby included in the order, the statement "I have taken note of the T&Cs and the privacy policy and agree to their validity." by ticking the box. By submitting this data by pressing the "order with obligation to pay" button, the customer makes a binding offer to conclude a purchase contract. Receipt of your order is confirmed by automated email notifications. This automated confirmation of receipt does not yet constitute acceptance of the contract. The contract with us is concluded when we accept your request sent to us via online order, either expressly by a corresponding message to you (email with invoice) or by promptly delivering the goods. Our products are sold for private use in normal household quantities only. The contract text is stored by Frank Juice, and the order data, T&Cs, cancellation policy and withdrawal form are sent to the customer in the confirmation email. The customer can print these documents and can view the T&Cs, the cancellation policy and the withdrawal form on the website at any time. The order data can no longer be viewed by the customer on the website after the contract has been concluded, unless they have a customer account. Order by other means of distance communication: The contract with us is concluded when we accept your request sent to us by means of distance communication, either expressly by a corresponding message to you (email with invoice) or by promptly delivering the goods. The contract language is German only.

§ 3 Cancellation

Free cancellation is only possible if it reaches us in writing at least 10 working days before the programme start (start date) you have chosen. For cancellations received within 5-9 working days before the programme start, we charge 50% of the price. For cancellations received less than 5 working days before the programme start, 100% of the costs apply. The right of withdrawal under § 4 of these T&Cs and the statutory right of rescission remain unaffected.

§ 4 Right of withdrawal

Consumers have the statutory right of withdrawal. Businesses are not granted a right of withdrawal. The juices are fresh food products that are subject to a particularly high risk of rapid spoilage. For these goods, the consumer's statutory right of withdrawal is excluded under § 312g para. 2 sentence 1 no. 2 BGB (German Civil Code). The following applies to all other goods: 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 (Frank Juice GmbH, Fraunhoferstraße 23, 80469 München, Fax: + 49 (0)89 21 58 05 81, Email: info@thefrankjuice.com ) 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, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired. Consequences of withdrawal: If you withdraw from this contract, we must reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment we 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 because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is earlier. You must send back or hand over the goods to us (Frank Juice GmbH, Grüntal 34, 81925 München) 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. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. End of the cancellation policy. Cost agreement: If the customer exercises their right of withdrawal, they must bear the direct costs of returning the goods and must return the goods to the provider without undue delay, but at the latest within 14 days after exercising the right of withdrawal.

§ 5 Prices / Payment

Prices are in euros and include statutory value added tax. Prices in the Swiss shop are in CHF and do not include taxes, as the deliveries are export deliveries under §6 para. 1 no. 1 UStG (German VAT Act), which in turn are tax-exempt under §4 no. 1a UStG. Shipping costs are to be borne by the customer and are stated with the respective products.

Payment at Frank Juice is possible via PayPal, Sofortüberweisung, credit card (MasterCard, Visa and American Express), AmazonPay and purchase on invoice.

SOFORT bank transfer is processed using your online banking access data (login and PIN) and account details (IBAN, BIC) via the provider SOFORT GmbH, Theresienhöhe 12, 80339 München, Germany. Your ordered goods will be released for dispatch after a successful transaction (receipt of payment).

When paying by credit card, you enter your credit card details on our secure payment page. After the card has been checked and your credit card has been charged by our online payment service provider, you will receive a transaction confirmation by email. If the customer chooses to pay via PayPal (PayPal (Europe) S.à.r.l. et Cie., S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg), they must generally be registered there or register first. Please note that the claim is then collected by a third party to whom the claim is assigned. Frank Juice reserves the right, in individual cases or if the payment is declined by the provider of the respective payment method, to execute the order only against advance payment. In this case, the customer can accept this or withdraw from their order. Costs incurred through the chargeback of a payment transaction due to insufficient funds or incorrect data provided by the customer will be charged to the customer. In the event of late payment, Frank Juice is entitled to charge default interest of at least 5 percentage points above the applicable base interest rate.

We only offer the payment option "purchase on invoice" following a positive result of a credit and identity check in accordance with section 3 of our privacy policy. For a purchase on invoice, we will assign our payment claim to BS PAYONE GmbH, which takes over the processing of the claim and sends you your invoice. Due to the general terms of PAYONE GmbH, a purchase on invoice can also only be offered if the billing and delivery addresses are identical. Please always state the reference number as the payment reference when making your transfer. Only in this case can FrankJuice GmbH clearly assign the payment to your customer account. You will receive an invoice that is due for payment, without deduction, within a period determined by FrankJuice GmbH. If you do not pay your invoice by its due date at the latest, you will be in default even without a separate reminder, unless the payment is not made due to a circumstance for which you are not responsible. By placing an order with obligation to pay, you agree that you will receive invoices and credit notes exclusively in electronic form. The payment period is 7 days from the invoice date. The invoice is issued when the order is processed and shortly before the goods are dispatched, and is sent by email. You can find the T&Cs of BS PAYONE here: https://s3-eu-west-1.amazonaws… . Your personal data will be handled in accordance with the applicable data protection regulations and the information in BS PAYONE's privacy policy.

§ 5 Deliveries

1. Gift cards are sent to the customer by email directly after the order.
2. In addition to the stated product prices, shipping costs apply. You can find out more about the amount of the shipping costs with the offers. The shipping costs are shown during the ordering process. The juices are delivered on the date chosen by the customer. In Germany we deliver by overnight express or standard shipping. To clarify the possibility of an exceptional delivery, prior contact with us at info@thefrankjuice.com is required, stating the full desired delivery address. We will of course inform you of the amount of the surcharge before you order.

3. We reserve the right to refuse a delivery if the delivery address is outside the valid delivery area, or if a previous delivery could not be delivered several times.
4. We deliver to the address that you have given us as the delivery address in the respective order. We reserve the right not to deliver to all locations, and will inform you at registration if we should not deliver to your address.
5. As the juices are perishable, fast delivery is very important and you must accept the ordered goods at the agreed delivery time. You have the option to change the delivery address and the time window for the daily delivery within 36 hours before the respective delivery by email to info@thefrankjuice.com, or to grant a subsequent permission to leave the goods at a drop-off point, provided they are within the delivery areas and time periods stated on our website. We do our best to meet all your delivery wishes to the best of our knowledge and belief, but cannot guarantee that the delivery can be made to you every day exactly within the desired time window.

§ 7 Information on health and nutrition

1. We cannot guarantee compliance with specific nutritional or dietary requirements. We do not take special dietary needs into account and refer you to your doctor in this regard. Even though our aim is to offer nutritionally balanced meals, our offer does not replace comprehensive personal advice from a qualified nutrition expert.
2. The Frank Juice programmes are not equally suitable for everyone and should not be followed in the case of more serious impairments of the digestive system or during pregnancy and breastfeeding. Also, if you take medication on a permanent basis, suffer from conditions such as diabetes mellitus, severe stages of cancer or AIDS, or have any other medical concerns, please consult your doctor beforehand.
3. We regret that we are currently unable to deliver to people who suffer from allergies with a risk of anaphylactic shock, or to people who depend on the regular administration of insulin.
4. Even though we give you general information about health and nutrition on our website and in other information materials, this is not equivalent to medical advice and is not tailored to your specific personal requirements.
5. Frank Juice produces its juices and meals in a kitchen in which nuts are also processed. It is therefore not possible to rule out that traces of nuts are also contained in seemingly nut-free dishes.
6. If you have special dietary requirements, you are welcome to contact us to discuss them. In some circumstances, we may be able to meet them in whole or in part in individual cases.

§ 8 Warranty

The statutory warranty rights for defects apply.

§ 9 Liability

1. If the customer is a consumer, the liability of Frank Juice in the case of slightly negligent breach of duty is limited to the foreseeable, typical, direct average damage according to the nature of the goods. This also applies in the case of slightly negligent breach of duty by employees, workers, representatives or vicarious agents of Frank Juice.
2. If the customer is a business, a legal entity under public law or a special fund under public law, claims for damages are excluded regardless of the nature of the breach of duty, including tortious acts, unless there is intentional or grossly negligent conduct.
3. In the event of a breach of essential contractual obligations, Frank Juice is liable for any negligence, but only up to the amount of the foreseeable damage. Claims for lost profit, saved expenses, claims for damages by third parties as well as other indirect damages and consequential damages cannot be demanded.
4. Insofar as the liability of Frank Juice is excluded or limited in accordance with 10.2., this also applies to employees, workers, representatives and vicarious agents of Frank Juice.
5. The limitations and exclusions of liability in accordance with sections 10.1, 10.2, 10.3 and 10.4 do not apply to claims arising from fraudulent conduct by Frank Juice, nor to liability for guaranteed characteristics, claims under the Product Liability Act, or damages resulting from injury to life, body or health.

§ 10 Retention of title

Delivered goods remain our property until they have been paid for in full.

§ 11 Final provisions

1. German law applies to the contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
2. If the buyer is a merchant, a legal entity under public law or a special fund under public law, Munich is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
3. Should a provision in these general terms and conditions or a provision within the scope of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.

§ 12 Notice on extrajudicial online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/ . Consumers have the option of using this platform to settle their disputes.

Frank Juice Email: info@thefrankjuice.com

As of 01/25