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

Delivery is made to the delivery address specified by the customer within the delivery area stated in our Shipping Policy. Shipping costs and delivery times are set out in our Shipping Policy and are displayed before the order is completed.

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.

If a product is unavailable because we were not supplied by our supplier through no fault of our own despite a corresponding purchase contract having been concluded, we may withdraw from the contract. In this case, we will inform you without undue delay and refund any payments already made without undue delay.

Statutory claims, in particular for delay or defects, remain unaffected.

SECTION 5a – UNDELIVERABLE SHIPMENTS

If a delivery cannot be completed for reasons for which the customer is responsible, in particular an incorrect delivery address or failure to collect the shipment within the storage period, the customer shall bear the return shipping costs actually charged by the shipping provider. If the customer wishes the order to be resent, the shipping costs for the new delivery shall be borne by the customer.

Refusal of acceptance or failure to collect does not constitute a declaration of withdrawal. The statutory right of withdrawal remains unaffected.

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 and to update information. Before we have accepted your order, we may decline it if it is based on such an error.

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

The statutory warranty rights apply. For consumers, the limitation period for claims based on defects is two years from delivery of the goods. For business customers, the limitation period is one year from delivery; this does not apply to claims for damages, to fraudulently concealed defects or where a guarantee has been given.

The best-before date indicates the minimum shelf life of the product when stored properly. It does not limit your statutory warranty rights.

SECTION 16 – LIMITATION OF LIABILITY

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Otherwise, liability for slight negligence is excluded.

As a service provider, we are responsible for our own content on this website in accordance with § 7 para. 1 DDG and general law. Under §§ 8 to 10 DDG, we are not obliged to monitor transmitted or stored third-party information. Upon becoming aware of a specific legal infringement, we will remove the relevant content without delay.

SECTION 17 – INDEMNIFICATION

If you culpably breach these T&C, you shall indemnify us against claims asserted by third parties against us as a result of this breach, including reasonable costs of legal defence. Statutory claims remain unaffected.

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 the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.

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 THESE TERMS AND CONDITIONS

We may amend these T&C with effect for the future. Amended T&C apply only to orders placed after their publication. Each order is governed by the version of these T&C in force at the time the order is placed.

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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