General terms and conditions

Table of contents

1. scope of application

2. conclusion of contract

3. delivery and shipping conditions

4. prices

5. payment

6. granting of rights of use for digital contents

7. retention of title

8. liability for defects (warranty)

9. redemption of gift certificates

10. alternative dispute resolution

1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Next Level Foods B.V. (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed.

1.3 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.4 These GTC shall apply mutatis mutandis to contracts for the delivery of tickets, unless otherwise expressly stipulated. In this context, these GTC only regulate the sale of tickets for certain events described in more detail in the Seller's item description and not the performance of these events. The execution of the events shall be governed exclusively by the statutory provisions in the relationship between the customer and the organizer and, if applicable, by any terms and conditions of the organizer that deviate from these. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.

1.5 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.6 Digital contents in the sense of these GTC are all data not located on a physical data carrier, which are produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these GTC.

2. Conclusion of Contract

2.1 The purchase contract shall be concluded with Next Level Foods B.V. Further information about us can be found in the imprint. You can reach our customer service for questions, complaints and objections Mo-Sa: 08-20h, under the telephone number 078 792 62 30.

2.2 By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

A binding contract can also be concluded beforehand as follows:

- If you have chosen credit card payment, the contract comes into effect at the time of the credit card charge.

- If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.

- If you have chosen the payment method SOFORT Überweisung, the contract is concluded at the time of your confirmation of the payment instruction to SOFORT GmbH.

2.3 The language available for the conclusion of the contract is German, English and French.

2.4 We store the text of the contract and send you the order data and our GTC by e-mail. You can also view and download the GTC at any time here on this page. You can view your past orders in our customer login.

3. Delivery and shipping conditions

3.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

3.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service.

3.3 Self-collection is possible at the Weil am Rhein branch.

3.4 Vouchers shall be provided to the Customer as follows:

- by e-mail

- by post

3.5 Tickets shall be provided to the customer as follows:

- by e-mail

- by post

4. Prices

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

5. Payment

5.1 The payment option(s) will be communicated to the customer in the seller's online store.

The following payment methods are available in our store:

- Prepayment

If you choose payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

- Cash on delivery

With this payment method there are additional fees of 5,00 CHF, which have to be paid directly to the deliverer at delivery.

- Credit card

Your credit card will be charged upon completion of the order.

- Paypal

You pay the invoice amount via the online provider Paypal. You must always be registered there or register first, legitimize with your access data and confirm the payment instruction to us. You will receive further instructions during the ordering process.

- SOFORT bank transfer

We also offer SOFORT bank transfer. In this case we receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Via the secure payment form of SOFORT GmbH, which is not accessible for merchants, SOFORT Überweisung automatically places a transfer in your online bank account in real time. The purchase amount is transferred immediately and directly to the merchant's bank account. If you choose the payment method SOFORT Überweisung, a pre-filled form will open at the end of the order process. This form already contains our bank details. In addition, the form already shows the transfer amount and the reason for payment. You must now select the country where you have your online banking account and enter the bank code. Then enter the same data as you did when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. Immediately afterwards, you will receive confirmation of the transaction. Basically every internet user can use SOFORT Überweisung as a payment method, if he has an activated online banking account with PIN/TAN procedure. Please note that SOFORT Überweisung is not yet available at a few banks. You can get more information if your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/.

- Invoice

If you are a new customer and want to pay us by invoice, we subject your household to an external credit check. If the result is positive, invoices are available to you as a payment option. We will send you the invoice by e-mail. You can also find it in your customer account.

Credit assessment and scoring: Next Level Foods B.V. reserves the right to obtain credit information about the customer to protect its own interests in the context of the purchase transaction and may forward customer data to third parties for this purpose. For this purpose, the personal data required for a credit check (first name, surname and address data) will be transmitted to an external credit agency. CRIF AG, Hagenholzstrasse 81, 8050 Zurich, carries out a corresponding assessment of the creditworthiness and credit standing based on mathematical-statistical procedures. The information obtained on the statistical probability of a payment default is included in the decision on the establishment, implementation or termination of the contractual relationship. The creditworthiness check is carried out in compliance with the relevant provisions of data protection law and with particular regard to your interests that are worthy of protection. Please note that only CRIF AG, can provide information about what data was used to calculate their credit profile.

Purchase on account/reminder fees: The invoice is payable within 10 days. The invoice is paid on time if the amount owed is in the recipient's account up to and including the last day of the payment period. If the payment deadline is not met and no fixed expiry date has been agreed, the customer will be put in default of payment by means of a reminder. In the event of late payment, the defaulting customer will be charged an interest rate of 5% plus reminder fees of CHF 20.00.

If the claim is not settled even after delivery of a second/third reminder, Next Level Foods B.V. reserves the right to assign the claim to third parties or to commission the collection of the claim at the expense of the customer. Legal prosecution/collection costs in the event of late payment: The amount of the legal prosecution/collection costs is calculated on the basis of the outstanding claim:

Transfer of personal data: Your personal data will be passed on to the transport company commissioned with the delivery or the corresponding financial service provider within the framework of the contract processing, insofar as this is necessary for the delivery or payment of the goods.

- TWINT

- PostFinance

5.2 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5.3 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.4 If the payment method "SOFORT Überweisung" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in SOFORT Überweisung, must legitimize himself accordingly during the payment process and must confirm the payment instruction to SOFORT. The Payment transaction is carried out immediately afterwards by SOFORT and the customer's bank account is debited. More detailed information about the payment method SOFORT Überweisung can be found by the customer on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

6. Granting of rights of use for digital content

6.1 Unless otherwise stated in the DeepL description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the provided content for private and business purposes. 6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.

6.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.

7. Retention of title

If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8 Liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

8.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

9. Redemption of gift vouchers

9.1 Gift certificates that can be purchased through the Seller's online store (hereinafter "Gift Certificates") can only be redeemed in the Seller's online store, unless otherwise stated in the gift certificate.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Several gift vouchers can also be redeemed for one order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

9.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

10. Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Applicable law, place of jurisdiction

11.1 If the customer is acting as a consumer within the meaning of clause 1.5, all legal relations between the parties shall be governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

11.2 If the customer acts as an entrepreneur within the meaning of section 1.5, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.