Terms of service

1. Scope, seller and definitions

1.1 These General Terms and Conditions apply to contracts concluded through the online store operated at xtrafuel.de by:

PaNiKa UG (haftungsbeschränkt)
Hohenzollernring 57
50672 Cologne
Germany

Email: info(@)xtrafuel(.)de

The company is referred to below as the “Seller”, “we”, “us” or “XTRA FUEL”. The person placing the order is referred to as the “Customer”.

1.2 A “Consumer” is a natural person who enters into a legal transaction for purposes that are predominantly outside that person’s trade, business or profession. A “Business Customer” is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession.

1.3 Clauses expressly designated as applying to Business Customers do not apply to Consumers. Any mandatory consumer-protection provisions remain unaffected.

1.4 Deviating terms submitted by a Business Customer do not form part of the contract unless we expressly agree to them in text form.

1.5 Depending on the offer selected, the contract may concern a one-time purchase or recurring deliveries under a savings subscription. The delivery interval, price, discount, shipping charge and essential product characteristics are displayed before the order is submitted.

2. Eligibility and customer information

2.1 Orders may be placed only by persons who are at least 18 years old and have legal capacity to enter into the relevant contract.

2.2 The Customer must provide complete and accurate billing, delivery and contact information and must update that information if it changes before dispatch or during a subscription.

2.3 Products offered for consumer purchase are intended for personal use unless expressly agreed otherwise. We may apply reasonable quantity limits and may reject orders where there are objectively justified indications of fraud, prohibited resale, payment abuse, circumvention of purchase limits or an unlawful transaction.

3. Product presentation and conclusion of the contract

3.1 Product presentations in the online store are invitations to submit an order and do not constitute binding offers by the Seller.

3.2 The Customer may place products in the shopping cart and correct quantities, products, delivery information and other input before submitting the order. By clicking the final button indicating an obligation to pay, the Customer submits a binding offer to purchase the products shown in the final order summary.

3.3 An automatically generated email acknowledging receipt of the order does not by itself constitute acceptance unless it expressly states that the order has been accepted. The contract is concluded when we expressly accept the order, send a shipping confirmation or dispatch the goods, whichever occurs first.

3.4 If a payment is authorised or collected before the contract is accepted and we subsequently reject the order, the amount collected will be refunded without undue delay.

3.5 We may decline an order for an objective reason, including lack of stock, failed payment authorisation, an obviously incorrect price, suspected fraud, delivery restrictions, legal restrictions or an inability to supply the destination. Mandatory rights remain unaffected.

3.6 Contracts may be concluded in German or English, depending on the language offered and selected in the storefront and checkout. The order details and contractual information are provided electronically. Customers should save or print the documents received for their records.

4. Products and product information

4.1 The essential characteristics of each product are set out on the relevant product page and on the product label. Images are illustrative. Packaging, label design and colour may change without affecting the agreed identity, quantity or essential characteristics of the product.

4.2 Food supplements are foods and are not medicinal products. They are not intended to diagnose, treat, cure or prevent disease and are not a substitute for a varied and balanced diet or a healthy lifestyle.

4.3 Customers must follow the product label, recommended daily intake, storage instructions, warnings and other mandatory product information. The recommended daily intake must not be exceeded.

4.4 General information supplied through the website does not constitute individual medical advice. Customers who are pregnant, breastfeeding, taking medication, living with a medical condition, experiencing symptoms or uncertain whether a product is suitable should obtain advice from an appropriately qualified healthcare professional before use.

4.5 Individual experiences and results vary. Unless expressly accepted as a contractual characteristic, no statement constitutes a promise that a product will achieve a particular health, physiological, fitness or performance outcome within a particular period.

5. Prices, currencies, taxes and shipping charges

5.1 The product price and currency displayed in the final checkout before submission of the order apply to that order. Depending on the selected market, prices may be displayed in euros or converted into a local currency using the exchange rate and rounding rules applicable at that time.

5.2 For deliveries within the European Union, displayed consumer prices include applicable value added tax where required. For deliveries outside the European Union, German value added tax may not be charged, but the displayed international market price does not have to be reduced by a notional German value added tax amount. International prices are independently determined sales prices for the relevant market.

5.3 Shipping charges are not included in the product price unless expressly stated. The applicable shipping charge and any free-shipping threshold are displayed before the order is submitted. Further information is available in the Shipping Information.

5.4 Promotions, vouchers and discount codes are subject to the conditions shown with the relevant offer. Unless expressly stated otherwise, they cannot be combined, exchanged for cash or applied retrospectively.

5.5 The Customer is responsible for any charges imposed by the Customer’s bank, card issuer, payment provider or currency-conversion provider.

6. Payment

6.1 The payment methods available for the Customer’s order and destination are displayed at checkout. We are not obliged to offer every payment method for every order or country.

6.2 Payment is due at the time or on the date specified for the selected payment method. Where a third-party payment provider is selected, that provider’s additional terms and privacy information may apply.

6.3 If a payment is reversed, rejected or not made when due, we may suspend dispatch or future subscription deliveries and exercise the rights available under applicable law. We do not charge a general flat-rate reminder fee under these Terms. Necessary costs and statutory default interest may be claimed only to the extent permitted by law.

6.4 Business Customers may set off claims only where their counterclaims are undisputed, have been finally adjudicated or arise from the same contractual relationship. This restriction does not apply to Consumers.

7. Delivery, delivery restrictions and transfer of risk

7.1 Delivery is made to the delivery address provided in the order. The Customer is responsible for checking the address, name, postcode, country, email address and telephone number before submitting the order.

7.2 Available delivery countries, estimated delivery periods, shipping charges and exclusions are set out in the Shipping Information and displayed at checkout. We currently do not deliver to DHL Packstations or P.O. boxes.

7.3 Delivery periods are estimates unless expressly agreed as binding. If we become aware of a material delay, we will notify the Customer using the contact information supplied with the order. Mandatory rights in the event of delayed delivery remain unaffected.

7.4 We may make reasonable partial deliveries where this is acceptable to the Customer. The Customer will not be charged additional shipping costs caused solely by a partial delivery initiated by us.

7.5 For Consumers, the risk of accidental loss or damage generally passes when the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the goods. If the Consumer independently commissions a carrier that was not offered by us, the applicable statutory rule concerning earlier transfer of risk remains unaffected.

7.6 For Business Customers, the risk passes when the goods are handed over to the carrier, freight forwarder or other person responsible for transportation.

7.7 If a shipment is returned because delivery was impossible for a reason attributable to the Customer, including a materially incorrect or incomplete address, failure to collect the shipment, or refusal without a simultaneous valid declaration of withdrawal, we may claim the necessary costs actually incurred. This may include return transportation, a new delivery and customs-handling costs. The Customer may prove that no loss, or a substantially lower loss, was incurred. This clause does not apply where the Customer is not responsible or where mandatory law provides otherwise.

8. International delivery, customs and import charges

8.1 Unless expressly stated otherwise at checkout, deliveries outside the European Union are made on a DAP basis. We arrange transportation to the destination, while the recipient is responsible for import clearance and destination charges.

8.2 Import VAT, customs duty, presentation fees, customs-clearance fees and similar destination charges are not collected by us and are not included in the amounts paid to us unless checkout expressly states otherwise.

8.3 The Customer must ensure that the ordered products may lawfully be imported into the destination and must cooperate with reasonable carrier and customs requests. We do not accept responsibility for delays or non-delivery caused solely by the Customer’s failure to provide required information or pay destination charges, without prejudice to mandatory consumer rights.

8.4 Refusal of a shipment or non-payment of import charges does not by itself amount to a valid withdrawal from the contract.

9. Savings subscriptions

9.1 Unless the relevant offer expressly states otherwise, a savings subscription is concluded for an indefinite period and has no minimum term.

9.2 The selected products are delivered at the interval shown before the subscription is submitted. The payment method selected for the subscription is charged in connection with each recurring order. The Customer must keep payment and delivery information current.

9.3 The price, subscription discount, delivery interval and shipping charge applicable when the subscription is concluded are displayed before purchase. Changes do not affect an order already concluded.

9.4 Changes to prices, discounts or delivery conditions for future subscription orders will be communicated in advance and take effect only to the extent permitted by the contract and applicable law. Where consent is legally required, a change will not take effect without that consent. The Customer may terminate the subscription before a notified change takes effect.

9.5 The Customer may terminate, pause or, where technically available, change the subscription at any time for future deliveries, without a notice period. Termination may be submitted through the subscription-management facility, the statutory online cancellation function available through the website, or by email to info(@)xtrafuel(.)de.

9.6 Termination affects future recurring orders that have not yet been concluded. An individual order that has already been accepted or dispatched remains subject to the contract, without prejudice to any statutory right of withdrawal, cancellation, termination or remedy.

9.7 The right to terminate for cause and all mandatory statutory rights remain unaffected.

10. Statutory withdrawal and voluntary guarantee

10.1 Consumers may have a statutory right of withdrawal depending on the applicable law. Conditions, deadlines, exclusions and the model withdrawal form are set out in the Refund Policy.

10.2 We do not grant a general voluntary change-of-mind return right beyond mandatory statutory rights.

10.3 Eligible first orders may be covered by the separate voluntary 100-Day XTRA Satisfaction Promise. That commercial guarantee applies only under its stated conditions and does not restrict statutory rights concerning defective or non-conforming goods or any applicable statutory right of withdrawal.

11. Retention of title

11.1 The goods remain our property until the purchase price for those goods has been paid in full.

11.2 Before ownership passes, the Customer may not pledge the goods or transfer them by way of security. Business Customers must notify us without undue delay if a third party seeks to seize goods subject to our retention of title.

12. Defective or non-conforming goods

12.1 Consumers have the mandatory statutory rights applicable to defective, damaged, incorrectly supplied or otherwise non-conforming goods. Those rights are not restricted by these Terms or by the voluntary 100-day guarantee.

12.2 Customers should notify us at info(@)xtrafuel(.)de and provide the order number, a description and, where reasonably possible, photographs so that the matter can be handled promptly. Failure to provide voluntary assistance does not remove mandatory rights.

12.3 Business Customers who are merchants within the meaning of the German Commercial Code must inspect goods and notify us of defects without undue delay in accordance with section 377 of the German Commercial Code.

12.4 For Business Customers, the limitation period for claims relating to defects in new goods is 12 months from transfer of risk. This limitation does not apply to claims based on intent, gross negligence, fraudulent concealment, an expressly assumed guarantee, injury to life, body or health, mandatory product liability, statutory recourse claims or any other liability that cannot lawfully be limited.

13. Liability

13.1 We have unlimited liability for:

intent and gross negligence;
culpable injury to life, body or health;
liability under mandatory product-liability legislation;
fraudulent concealment of a defect;
an expressly assumed guarantee to the extent of that guarantee; and
any other liability that cannot lawfully be excluded or limited.

13.2 In the event of ordinary negligence, we are liable for breach of an essential contractual obligation whose performance is necessary for proper performance of the contract and on which the Customer may ordinarily rely. In that case, liability is limited to the loss that was typical and reasonably foreseeable when the contract was concluded.

13.3 Subject to clauses 13.1 and 13.2, liability for ordinary negligence is excluded to the extent permitted by law.

13.4 These limitations also apply to our legal representatives, employees and agents.

13.5 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory remedy or other mandatory right that cannot lawfully be excluded under the law applicable to the Customer, including mandatory rights that may apply in Australia, New Zealand or another destination country.

14. Events beyond reasonable control

14.1 We are not responsible for a delay or failure caused by an event outside our reasonable control, including natural disasters, war, civil disorder, governmental measures, import or export restrictions, industrial disputes, carrier-network disruption or failure of essential infrastructure, provided that we have taken reasonable measures to minimise the effects.

14.2 This clause does not remove any mandatory right to terminate, obtain a refund or pursue another statutory remedy where performance is delayed or becomes impossible.

15. Data protection

Personal data is processed in accordance with the Privacy Policy available on xtrafuel.de. Data necessary to process and deliver an order may be transmitted to payment providers, logistics providers, carriers and other service providers on the applicable legal basis.

16. Applicable law

16.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

16.2 For Consumers, this choice of law does not deprive the Consumer of protection afforded by provisions that cannot be derogated from by agreement under the law that would apply in the absence of the choice of law, particularly the mandatory law of the country in which the Consumer has their habitual residence where the relevant legal requirements are met.

17. Jurisdiction

17.1 Statutory rules on jurisdiction apply to Consumers.

17.2 If the Customer is a merchant, a legal entity governed by public law or a special fund governed by public law, the courts at our registered office in Cologne have exclusive jurisdiction, unless mandatory law provides otherwise. We remain entitled to bring proceedings at another legally competent court.

18. Consumer dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

19. Changes and severability

19.1 The Terms made available when an order or subscription is concluded apply to that contract. Later changes apply only to future contracts or where they have been validly agreed for an existing continuing contract.

19.2 If an individual provision is invalid or unenforceable, the remaining provisions remain effective. The applicable statutory rule takes the place of the invalid or unenforceable provision.

20. Contact