Terms of service
For the online shop Nupaze
operated by Overtime Nutrition GmbH
OVERVIEW
Welcome to Nupaze! The terms "we", "us" and "our" refer to Nupaze, operated by Overtime Nutrition GmbH. Nupaze operates this online shop to provide you with a personalised shopping experience. The online shop is built on the Shopify platform.
The following Terms and Conditions ("T&C") describe your rights and obligations when using our online shop. Please read them carefully as they contain important information about your legal rights.
By visiting or using our online shop, you agree to these T&C and our Privacy Policy. If you do not agree, you may not use our online shop.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these T&C, you confirm that you are of legal age in the country in which you reside.
To use the online shop, including purchasing products, you may be asked to provide information such as your email address, billing, payment and delivery details. You confirm that all information you provide is accurate, current and complete, and that you are fully authorised to submit it.
You are solely responsible for the security of your account credentials and all activity on your account. You may not transfer, sell, assign or licence your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products as accurately as possible. However, colours and appearance may vary depending on your device and its settings.
We do not guarantee that the appearance or quality of products you purchase will meet your expectations or exactly match the representations in the online shop.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit quantities offered to any person or within any region.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Nupaze reserves the right to accept or decline your order at its discretion for any reason. Your order is only accepted once confirmed by Nupaze, subject to receipt and processing of your payment. Please review your order carefully before submitting, as Nupaze may be unable to accommodate cancellation requests once an order has been accepted. If we are unable to accept, amend or cancel an order, we will endeavour to notify you at the email address provided at checkout.
Returns and exchanges are governed exclusively by our Withdrawal and Returns Policy.
You confirm that your purchases are intended for personal or household use and not for commercial resale or export.
Right of Withdrawal (B2B exclusion): The statutory right of withdrawal applies exclusively to consumers within the meaning of § 13 of the German Civil Code (BGB). Business customers (§ 14 BGB) purchasing goods in the course of their commercial or self-employed professional activity have no right of withdrawal.
SECTION 4 – PRICES AND BILLING
All prices displayed in the online shop are gross prices in euros and include the applicable statutory VAT. Shipping costs are shown separately and will be displayed before completion of the order process.
Prices, discounts and promotions may change without prior notice. The price charged for a product is the price in effect at the time of order placement and will be stated in your order confirmation.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our online shop and to update this information as necessary.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are non-binding estimates. Delays caused by shipping providers, customs processing or events beyond our control may occur.
Transfer of risk (B2C): For purchases by consumers (§ 13 BGB), the risk of accidental loss or deterioration of the goods passes to the consumer upon delivery to the consumer or a recipient designated by the consumer.
Transfer of risk (B2B): For purchases by business customers (§ 14 BGB), the risk passes upon handover of the goods to the shipping provider.
Statutory claims, in particular for delay or defects, remain unaffected.
SECTION 5a – UNDELIVERABLE SHIPMENTS / REFUSAL OF DELIVERY
If a delivery cannot be completed due to an incorrect address provided by the customer, failure to collect within the storage period, or refusal of delivery, and the shipment is returned to us, the customer shall bear the resulting additional costs:
- Return shipping costs charged by the shipping provider
- Flat-rate restocking fee of 10% of the order value
If the customer wishes the order to be resent, this will be arranged upon settlement of all additional costs incurred (return shipping, restocking fee) plus the new shipping costs.
Refusal of delivery or failure to collect does not constitute a withdrawal. The statutory right of withdrawal remains unaffected and requires an active declaration by the consumer.
SECTION 6 – INTELLECTUAL PROPERTY
Our services, including all trademarks, texts, images, graphics, product representations and their design, are the property of Nupaze, its affiliates or licensors and are protected by applicable intellectual property laws. These T&C permit you to use the online shop solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify or publish any material from the online shop. All rights not expressly granted herein are reserved by Nupaze.
SECTION 7 – OPTIONAL TOOLS
You may have access to tools provided by third parties as part of our services, which we neither monitor, control nor influence. You acknowledge that we provide access to such tools on an "as is" and "as available" basis without any warranties or representations of any kind. We disclaim all liability arising from or related to your use of optional third-party tools.
Use of any optional tools offered through the online shop is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms of the relevant third-party providers.
SECTION 8 – THIRD-PARTY LINKS
Our services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party websites. If you choose to leave our online shop to access third-party websites, you do so at your own risk.
We are not liable for any damages or losses arising from your access to third-party websites or from the purchase or use of products, services or content on third-party websites. Please review the policies of any third party carefully before engaging in transactions.
SECTION 9 – SHOPIFY PLATFORM
Nupaze uses the Shopify platform as a technical service provider to operate the online shop. All purchase contracts are concluded exclusively between you and Overtime Nutrition GmbH. Shopify is not a contracting party and accepts no liability in connection with your purchases.
SECTION 10 – PRIVACY POLICY
All personal data collected through the online shop is subject to our Privacy Policy. By using the online shop, you confirm that you have read and understood our Privacy Policy. As the online shop is hosted by Shopify, Shopify may also collect and process certain personal data in accordance with its own privacy policy in order to provide and improve its services.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You confirm that you hold the necessary rights and that your Feedback complies with these T&C. We are not obliged to treat Feedback as confidential, provide compensation or respond to it. We reserve the right to monitor, edit or remove Feedback that violates third-party rights or these T&C.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information in the online shop may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping costs or availability. We reserve the right to correct errors, update or amend information, or cancel orders at any time and without prior notice, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may only use the online shop for lawful purposes. The following are expressly prohibited:
- Unlawful or malicious purposes;
- Violations of applicable laws or regulations;
- Infringement of intellectual property rights;
- Harassment, harm, defamation or libel of others;
- Submission of false or misleading information;
- Sending spam, chain letters or similar unsolicited communications;
- Impersonating another person or concealing your identity;
- Uploading or transmitting malware or other harmful code;
- Reproducing, reselling or exploiting any part of the online shop;
- Collecting personal data without authorisation;
- Phishing, pretexting, crawling or scraping;
- Circumventing security features of the online shop.
We reserve the right to suspend or close accounts in the event of violations.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the online shop at our discretion at any time without notice. You remain liable for all amounts due up to the date of termination. Provisions that by their nature should survive termination shall remain in effect.
SECTION 15 – WARRANTY
Your statutory warranty rights apply. For consumers, the warranty period is two years from delivery of the goods in accordance with §§ 434 et seq. of the German Civil Code (BGB). For products with a best-before date, quality-related claims are limited to the period up to the printed best-before date. No further guarantees are provided unless expressly agreed in writing.
Product descriptions and images in the online shop are for general information purposes. Despite careful maintenance, occasional inaccuracies may occur. We reserve the right to correct errors and update information without prior notice.
SECTION 16 – LIMITATION OF LIABILITY
The content of this website has been prepared with the greatest possible care. However, we do not guarantee its accuracy, completeness or currency. As a service provider, we are responsible for our own content in accordance with § 7 para. 1 TMG and general law. Under §§ 8 to 10 TMG, we are not obliged to monitor transmitted or stored third-party information. Obligations to remove or block content remain unaffected. Liability arises only upon becoming aware of a specific legal infringement, whereupon we will remove the relevant content without delay.
We are not liable for material or immaterial damages arising from the use or non-use of the information provided, unless caused by wilful misconduct or gross negligence on our part. Statutory liability for personal injury remains unaffected.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nupaze, Overtime Nutrition GmbH and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees, arising from your breach of these T&C or your use of the online shop.
SECTION 18 – SEVERABILITY
If any provision of these T&C is found to be unlawful, void or unenforceable, that provision shall remain effective to the maximum extent permitted by law; the unenforceable portion shall be deemed severed. The validity of the remaining provisions shall not be affected.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. These T&C, together with any policies or operating rules published in the online shop, constitute the entire agreement between you and us and supersede all prior or contemporaneous agreements.
SECTION 20 – ASSIGNMENT
You may not transfer, assign or delegate this agreement or any of your rights or obligations hereunder without our prior written consent. We may transfer, assign or delegate these T&C and our rights and obligations without your consent.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These T&C are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, the statutory places of jurisdiction apply. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Hamburg, Germany.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not affect the interpretation of these T&C.
SECTION 23 – CHANGES TO TERMS AND CONDITIONS
The current version of these T&C is available in the online shop at all times. We reserve the right to update, amend or replace any part of these T&C at our sole discretion by posting updates in the online shop. It is your responsibility to check the online shop periodically for changes. We will notify you of material changes in accordance with applicable law. Your continued use of the online shop following any changes constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
For any questions regarding these Terms and Conditions, please contact us at info@nupaze.de.
Trading Name: Nupaze
Legal Entity: Overtime Nutrition GmbH
Managing Directors: Markus Rathje, Michel Köhn
Address: Landwehr 56, 22087 Hamburg, Germany
VAT Identification Number: DE359274132
Commercial Register: Amtsgericht Hamburg, HRB 178354
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