Terms of service

General Terms and Conditions of Daylista GmbH

 

§ 1 Scope

(1) These General Terms and Conditions ("GTC") apply to all contracts you conclude with us as the provider (Daylista GmbH, hereinafter "Daylista") via the website www.daylista.de.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur 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 independent professional or commercial activity.

(3) By submitting your contractual declaration, you accept these GTC. The inclusion of any of your own terms and conditions is hereby rejected, unless otherwise agreed.

§ 2 Formation of the contract

(1) The product presentations in our online shop are non-binding and do not constitute a binding offer to conclude a contract.

(2) In our online shop, you can select products and delivery frequencies. Products are added to the shopping cart by clicking the corresponding button. At any time before submitting your order, you have the option to review and change your product selection, delivery frequency, and the information you have provided (e.g. delivery address, shipping method, payment method).

(3) By clicking the "Buy Now" button, you submit a binding offer to purchase the products in your shopping cart at the selected delivery frequency. You will receive an order confirmation at the email address you have provided. This does not yet constitute acceptance of the offer by Daylista. The contract is only concluded upon transmission of the shipping confirmation.

(4) Sales are made only in household quantities and only to adults, i.e. persons who have reached the age of 18.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by email, in part automatically. You must ensure that the email address you have provided is correct and that receipt of emails is technically ensured (in particular, not blocked by spam filters).

(6) The contract is concluded in German.

§ 3 Prices, shipping costs, and payment terms

(1) All prices stated on our website include the applicable statutory VAT.

(2) Any applicable shipping costs are not included in the purchase price and are shown separately during the ordering process, unless free shipping has been promised.

(3) The payment methods available to you are listed on our website. Unless otherwise stated for the respective payment method, the purchase price is due for payment immediately upon ordering.

(4) In order to offer you Klarna's payment methods, we transmit your personal data, including contact and order data, to Klarna during the ordering process. This enables Klarna to check whether you qualify for their payment options and to process the payment accordingly. Your data is processed in accordance with Klarna's privacy policy.

§ 4 Delivery and product availability

(1) Delivery takes place exclusively within the EU to the delivery address you have provided.

(2) Unless otherwise stated, the delivery time is 3–5 working days. If the ordered product is not available, we will inform you immediately and refund any payments you have already made.

(3) If there are delivery delays, you will be informed accordingly. If the goods are not available for more than 14 days, you have the right to withdraw from the purchase.

(4) We are not liable for delivery delays caused by force majeure, strikes, or unforeseeable events.

§ 5 Contract term and cancellation conditions for subscriptions

(1) If you choose a subscription, the ordered products will be delivered at the delivery frequency you have selected until the subscription is cancelled by you or by us.

(2) The minimum term of the subscription is the duration stated in the respective product description. After the minimum term expires, the subscription is automatically extended for an indefinite period unless it is cancelled in due time.

(3) A subscription can be cancelled at any time with a notice period of 14 days before the next debit. Cancellation can be made via your customer account or by email to our customer service.

(4) If cancellation is not made in good time, the next delivery due will still be carried out and invoiced.

(5) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if one of the parties materially breaches their contractual obligations or if unforeseeable events make continuation of the contractual relationship unreasonable.

(6) Daylista reserves the right to cancel subscriptions with a notice period of 14 days, in particular if material changes are made to the offer or to the terms and conditions.

§ 6 Retention of title, right of retention

(1) The goods remain our property until full payment has been made.

(2) You may only exercise a right of retention insofar as claims arise from the same contractual relationship.

§ 7 Right of withdrawal

Consumers have a statutory right of withdrawal. For details, please refer to the separate withdrawal policy.

§ 8 Liability

(1) Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages based on intentional or grossly negligent breach of duty by Daylista, its legal representatives, or vicarious agents.

(2) In the event of a breach of essential contractual obligations, Daylista is only liable for the foreseeable damage typical for this type of contract if it was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body, or health.

(3) The limitations set out in paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of Daylista if claims are asserted directly against them.

§ 9 Warranty

(1) The statutory warranty rights apply.

(2) Towards entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to inform us and the delivery service of any complaints as soon as possible. Failure to do so has no impact on your statutory warranty claims.

§ 10 Data protection

The processing of your personal data takes place in accordance with the applicable data protection regulations. For more information, please visit www.daylista.de/datenschutz

§ 11 Final provisions

(1) The laws of the Federal Republic of Germany apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.

(2) Should individual provisions of these GTC be or become invalid, the remainder of the contract shall remain valid. The statutory provisions shall apply in place of the invalid provisions.

(3) We reserve the right to amend these GTC at any time. Changes will be communicated to you in good time by email. If you do not object to the amended GTC within six weeks of receipt of the notification, the amended GTC shall be deemed accepted. We will inform you of your right of objection and the consequences of failing to object in the notification.