Terms of service

Terms of Service

Overview

Welcome to Faiba Nutrition! The terms "we," "us," and "our" refer to Faiba Nutrition, operated by Johannes Kötter. Faiba Nutrition operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Faiba Nutrition is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

Nothing in these Terms limits any right you have as a consumer under German or European Union law that cannot be excluded or restricted by agreement.

Section 1. Access and Account

By agreeing to these Terms of Service, you represent that you have reached the age of majority (18 years) as required under German law, and that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide is correct, current, and complete, and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2. Our Products

We make every effort to provide an accurate representation of our products in our online store. Colors or product appearance may differ from how they appear on your screen due to your device and its settings.

Product descriptions are subject to change at any time. We reserve the right to discontinue a product or limit quantities available, provided this does not affect any order already accepted.

Section 3. Orders

When you place an order, you are making an offer to purchase. We will confirm acceptance of your order by email. A contract is formed once we confirm acceptance.

If we are unable to accept, or need to cancel, an order (for example due to stock unavailability or a pricing error), we will notify you and refund any payment already made.

Your right to withdraw from a purchase is governed by your statutory right of withdrawal as described in our Refund Policy, in addition to any rights under this section.

You represent that your purchases are for personal use and not for commercial resale.

Section 4. Prices and Billing

Prices are subject to change without notice, but the price charged will be the price shown at the time your order is placed, including statutory VAT status, and confirmed in your order confirmation email. Faiba Nutrition operates as a small business under § 19 UStG (Kleinunternehmerregelung). Accordingly, no VAT is added to prices.

Unless stated otherwise, posted prices do not include shipping, customs, or import charges, which will be shown separately before you complete your order.

You agree to provide accurate and current payment information and to promptly update it if it changes.

Section 5. Shipping and Delivery

Delivery times are estimates and not guaranteed. We are not responsible for delays caused by the shipping carrier, customs processing, or events outside our reasonable control.

Risk of loss or damage to goods passes to you upon delivery, in accordance with statutory provisions applicable to consumer sales.

Section 6. Intellectual Property

Our Services, including trademarks, text, images, graphics, and design, are owned by Faiba Nutrition or its licensors and are protected under German and European Union copyright, trademark, and other intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, publicly display, or otherwise exploit any material from the Services without our prior written consent, except as permitted by mandatory law.

Faiba Nutrition's name, logo, and branding are trademarks of Faiba Nutrition. Shopify's name and branding are trademarks of Shopify.

Section 7. Optional Tools

You may be given access to tools provided by third parties as part of the Services, which we do not control or monitor. Such tools are provided "as is," and we accept no liability arising from your use of them, except where liability cannot be excluded under mandatory law (see Section 15).

We may introduce new features to the Services from time to time, which will also be subject to these Terms.

Section 8. Third Party Links

The Services may contain links to third party websites. We are not responsible for the content, accuracy, or practices of third party sites, and accessing them is at your own risk. Please review the third party's own terms and privacy practices.

Section 9. Relationship with Shopify

Faiba Nutrition is powered by Shopify, which enables us to provide the Services to you. Any purchase you make is made directly with Faiba Nutrition, not with Shopify. Shopify is not a party to, and bears no responsibility for, the sales contract between you and Faiba Nutrition.

Section 10. Privacy Policy

Personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read it.

Because our Services are hosted by Shopify, Shopify also processes certain personal data in connection with providing and improving those Services. Please see our Privacy Policy for details.

Section 11. Feedback

If you submit ideas, suggestions, reviews, or other feedback ("Feedback"), you grant us a non-exclusive, worldwide, royalty free license to use, reproduce, and publish such Feedback for the purposes of operating and improving our Services, including commercially.

You confirm that you have the right to submit the Feedback, that it does not infringe any third party's rights, and that it is accurate and lawful. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it, and may remove Feedback we consider unlawful or inappropriate.

Section 12. Errors, Inaccuracies, and Omissions

Our Services may occasionally contain typographical errors or inaccuracies relating to product descriptions, pricing, or availability. We reserve the right to correct such errors and, where an order has been affected by a genuine pricing error, to cancel the order and refund any payment made, in accordance with applicable law.

Section 13. Prohibited Uses

You agree to use the Services only for lawful purposes and not to:

• violate any applicable law or the rights of any third party
• transmit false, misleading, or unlawful content
• send unsolicited advertising, spam, or chain communications
• impersonate any person or entity
• upload viruses or other malicious code
• use automated tools, scrapers, or bots to access the Services in a way that circumvents technical protections we have put in place
• attempt to bypass or interfere with the security or functioning of the Services

We may suspend or terminate access to the Services for a user who materially violates these Terms.

Section 14. Termination

We may terminate or suspend your access to the Services in cases of material breach of these Terms, subject to any statutory notice requirements. You remain liable for any amounts already due at the time of termination.

Provisions which by their nature should survive termination, including Intellectual Property, Feedback, Limitation of Liability, and Governing Law, will continue to apply.

Section 15. Warranty and Liability

We do not exclude or limit our liability for:

• death or personal injury caused by our negligence or that of our employees or agents
• intentional misconduct or gross negligence
• any liability that cannot be excluded or limited under German law, including statutory liability under the Product Liability Act (Produkthaftungsgesetz) and statutory warranty rights for consumers (Sachmängelhaftung, §§ 434 ff. BGB)

Subject to the above, our liability for slightly negligent breaches of non-material contractual obligations is limited to the foreseeable damage typical for this type of contract.

Statutory information provided on the Services (such as product descriptions) is provided to the best of our knowledge, but we do not guarantee it will always be complete, current, or free of error, without prejudice to your statutory rights.

Section 16. Indemnification

To the extent permitted by law, you agree to indemnify us against claims, losses, and reasonable costs arising from your breach of these Terms or your unlawful use of the Services, except to the extent such claims arise from our own breach of duty.

Section 17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force, and the invalid provision will be replaced, to the extent possible, by a valid provision that most closely reflects the original commercial intent.

Section 18. Entire Agreement

These Terms, together with our Privacy Policy and any policies referenced herein, constitute the entire agreement between you and us regarding use of the Services, superseding any prior agreements or communications on this subject.

Section 19. Assignment

You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations to another party, provided this does not disadvantage your statutory rights as a consumer.

Section 20. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer, nothing in this clause deprives you of the protection afforded by any mandatory provisions of the law of the country in which you are resident, and any mandatory consumer protection rules of your country of residence will continue to apply alongside German law.

Section 21. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page, and where changes materially affect your rights, we will provide notice as required by applicable law. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

Section 22. Contact Information

Questions about these Terms should be sent to:

Faiba Nutrition
Johannes Kötter
c/o GAM
Pappelallee 64
10437 Berlin, Germany
Email: info@faibanutrition.de