Terms and Conditions

1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all transactions between EAT Freedom GmbH & Co. KG, Goethestr. 17, 85521 Ottobrunn, Germany, represented by the managing director Sara Rocci Denis (hereinafter referred to as EAT Freedom) and the customer (hereinafter referred to as “user”) via the internet presence www.eat-freedom.com) which can be accessed under the domain  (hereinafter referred to as “eat-freedom.com”) (the user and EAT Freedom together hereinafter also referred to as “parties” or each individually as “party”).
1.2 EAT Freedom does not accept any deviating, additional or contradictory general terms and conditions of the user, so that these are not included in the contract. This does not apply if EAT Freedom has agreed to the inclusion of the user’s general terms and conditions in text form.

2. User
2.1 The offer on eat-freedom.com is directed exclusively at consumers as end users in the sense of § 13 BGB (German Civil Code). EAT Freedom therefore expressly reserves the right to offer and deliver goods to the user only in quantities customary in households.
2.2 A consumer in the sense of § 13 BGB is any natural person who concludes the contract for purposes that are predominantly neither commercial nor self-employed.

3. Conclusion of contract
A contract with EAT Freedom for the purchase of a product by the user is concluded as follows
3.1 Conclusion of contract without using PayPal
3.1.1 The range of goods offered on eat-freedom.com does not constitute a legally binding offer to conclude a sales contract, but merely an invitation to place an order (invitatio ad offerendum).
3.1.2 The user goes through the ordering process and presses the “Send order” button. By doing so, he submits a binding offer to conclude a purchase contract.
3.1.3 Before pressing the button “order subject to payment” the User has the opportunity to delete, correct and print out the data he has entered.
3.1.4 The order confirmation sent to the user by EAT Freedom via e-mail does not represent an acceptance of the offer, but merely informs the user that the order has been received by EAT Freedom (confirmation of receipt).
3.1.5 The sales contract is concluded by sending the ordered goods. EAT Freedom informs the user by e-mail that the goods have been handed over to the logistics service provider (“shipping confirmation”). EAT Freedom is entitled, but not obligated, to accept the user’s contract offer within 14 days.
3.2 Conclusion of contract using PayPal
3.2.1 The range of goods offered on eat-freedom.com represents a legally binding offer to conclude a purchase contract on condition that the user chooses the payment method “Paypal”.
3.2.2 The user goes through the ordering process and clicks the button “order subject to payment”. The user thereby accepts the offer on the part of EAT Freedom and a binding purchase contract is concluded.
3.3 Availability
3.3.1 Every offer made by EAT Freedom or the acceptance of an offer is subject to the resolutory condition of product availability.
3.3.2 Should individual products not be available at the time of the user’s order, EAT Freedom reserves the right to reject the user’s order.
3.3.3 EAT Freedom also reserves the right to release itself from its service obligation if the ordered goods are not available after conclusion of the contract.
3.3.4 EAT Freedom will immediately inform the user of the non-availability of the product and, if applicable, immediately refund the user’s payment for the cancelled products.
The contract of sale is a one-time purchase contract without any commitment to a term.

4. Instructions of revocation
Our production is currently in progress and we manufacture our products only upon receiving your order. Due to the risks associated with potential food contamination, we cannot resell products that are returned to us and we would have to destroy them. Hence, we are unable to accept returns at this stage of our company.

4.1 Right of revocation
There is no right of withdrawal for our products. We will explicitly ask you to agree to these terms and conditions prior to placing your order. If you complete a purchase you agree to these terms and conditions.

For any query related to revocation, please contact us at
EAT Freedom GmbH & Co. KG
Goethestr. 17
85521 Ottobrunn
Phone +49 89 200 44 727
e-mail: orders@eat-freedom.com

5. Delivery
5.1 The ordered products are sent to the delivery address indicated by the user.
5.2 The delivery address must be within the delivery area of EAT Freedom. Otherwise EAT Freedom can withdraw from the contract in text form with reimbursement of the respective purchase price, if already paid. EAT Freedom’s delivery area is displayed to the user during the ordering process under the menu item “Shipping & Payment”.
5.3 EAT Freedom reserves the right to make partial deliveries within the scope of what is reasonable for the user. EAT Freedom will inform the user of this in the shipping confirmation.

6. Prices and shipping costs
6.1 The prices quoted eat-freedom.com at the time of the order shall apply.
6.2 All prices are final prices including the applicable statutory value added tax and other duties (total prices).

7. Terms of payment
7.1 PayPal
7.1.1 If the user chooses the payment method “PayPal”, he will be redirected to the internet presence of the company PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal, L-2449 Luxembourg, operated under the domain paypal.de.
7.1.2 The payment transaction will be carried out automatically by PayPal after entering the required data and confirmation by the User immediately after confirmation of the payment order.
7.2 Direct debit
7.2.1The user issues EAT Freedom a direct debit mandate with confirmation of the payment method “direct debit”. This means that EAT Freedom debits the account specified by the user with the respective payment amount.
7.2.2 EAT Freedom reserves the right to check the user’s ability to pay.
7.3 Credit card
7.3.1 If the User has chosen the credit card payment method, the payment transaction will be carried out by the credit card company and the credit card will be charged immediately after confirmation of the payment order and after the User has been legitimated as the legitimate cardholder by the credit card company.
7.3.2 EAT Freedom reserves the right to check the creditworthiness of the user.

8. Reservation of title
The delivered products remain the property of EAT Freedom until the complete fulfilment of all claims from the sale.

9. Liability
9.1 EAT Freedom has unlimited liability to the user for all damages caused by the user as well as his legal representatives or vicarious agents in the case of intent or gross negligence.
9.2 EAT Freedom also has unlimited liability in cases of slight negligence in the event of injury to life, body or health.
9.3 Otherwise EAT Freedom is only liable for culpable violation of a so-called “cardinal obligation”. Cardinal obligations are those obligations which make the proper execution of the contract possible in the first place, whose violation endangers the achievement of the contractual purpose and on whose compliance the other party may regularly rely.
9.4 In case of liability according to clause 5.3, liability is limited to the foreseeable, typically occurring damage.
9.5 Liability under the provisions of the Product Liability Act shall remain unaffected.

10. Data protection
10.1 All of the user’s personal data will be used exclusively in accordance with the user’s consent and for the fulfilment of the contract and in accordance with the statutory retention periods.
10.2 Details regarding the extent to which the user’s personal data is processed can be found in EAT Freedom’s privacy policy, which can be accessed at the domain https://eat-freedom.com/privacy-policy/.

11. Set-off, rights of retention and assignment
11.1 The user is only entitled to offset against legally established or undisputed claims against EAT Freedom. The same applies to the assertion of rights of retention.
11.2 The assignment of claims against EAT Freedom to third parties is only possible with textual consent from EAT Freedom.

12. Final provisions
12.1 German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
12.2 The place of jurisdiction for all disputes arising from and in connection with this contract shall be Munich, insofar as the user is a merchant, a legal entity within a public body, or a special fund in the public sector.
12.3 This contract is subject to German law, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
12.4 Amendments to the Contract must be made in text form to be effective.
12.5 Should any provision of this Agreement be or become void, invalid or unenforceable in whole or in part, the validity and enforceability of all remaining provisions shall not be affected.

II. Customer information

1. Identity of the provider
EAT Freedom GmbH & Co. KG,
Goethestr. 17, 85521 Ottobrunn,
represented by the founder Dr. Sara Rocci Denis

Phone: +49 89 200 44 727
e-mail: hello@eat-freedom.com
Internet: www.eat-freedom.com

2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with Section 4 of the General Terms and Conditions (Part I).

3. Contract language, contract text storage
Contract language is English.
The complete contract text is not saved by EAT Freedom. Before sending the respective offer, the offer data can be printed or electronically saved using the print function of the browser. Upon acceptance of the offer by EAT Freedom, the contractual data, the legally required information for distance contracts and the General Terms and Conditions of Business are again sent to the user by e-mail.

4. Essential characteristics of the goods and services
The main features of EAT Freedom’s services can be found in the service description and supplementary information on eat-freedom.com.

5. Prices and terms of payment
The prices and terms of payment are based on the price quotation specified in the respective offer. All prices are stated in Euro and include all taxes and duties (total prices). EAT Freedom is not liable for additional charges due to import taxes, customs clearance and logistic services 

6. Legal liability for defects
The statutory rights of liability for defects applies to vis-à-vis consumers.

7. Term of contract, termination
This is a one-off purchase agreement without any commitment to a term.