Terms & Conditions

Last Updated: April 2024

 

  1. Scope

 

These General Terms and Conditions (GTC) apply to all contracts concluded via our online store (including purchase agreements and subscriptions) between StartSunny, operated by Jonas Jakstas, located in the United Kingdom, and you as a customer. These terms also govern the use of our website (https://www.startsunny.com). All agreements between you and StartSunny regarding the use of our website and the purchase of products or services are based on these GTC, our written order confirmations, and our acceptance declarations. The version of the GTC valid at the time of the website use or the contract conclusion shall apply. We do not accept any deviating terms and conditions of the customer, even if we do not expressly object to their inclusion. We sell our goods only to consumers for private use, and commercial resale is prohibited.

 

  1. Conclusion of a Purchase Agreement

 

The presentation and advertising of products in our online store do not constitute a binding offer to conclude a purchase contract. By submitting an order via the online store by clicking the "order subject to payment" button, you place a legally binding order. You are bound to the order for two (2) weeks after placing it; your right to revoke your order according to Section 4 remains unaffected. We will confirm receipt of your order via email, but this confirmation does not constitute acceptance. A contract is only concluded when we accept your order by sending an acceptance declaration or by delivering the ordered products. If delivery is not possible (e.g., due to stock unavailability), we will not accept the order and will notify you immediately, refunding any payments made without delay.

 

  1. Conclusion of a Subscription (Installment Delivery Contract)

 

If you order a "single subscription" or "double subscription" (subscription), a contract for the regular delivery of the product is concluded when we accept your order via an acceptance declaration. The subscription is initially for one month and automatically renews for an indefinite period unless canceled according to Section 4 or terminated as described here. You can cancel the subscription at any time without notice or reason. We may terminate the subscription for cause with four weeks' notice before the subscription period ends. If delivery is not possible (e.g., due to stock unavailability), we will not accept the order, notify you immediately, and refund any payments made without delay.

 

  1. Right of Withdrawal

 

As a consumer, statutory provisions entitle you to a right of withdrawal. You can cancel this contract (subscription) within 28 days without giving any reason. The withdrawal period for a purchase contract is 28 days from the day you submit the request. To exercise your right of withdrawal, inform us via a clear declaration (e.g., a letter sent by post or email) sent to hello@startsunny.com. The contract termination will take effect 28 days from the date of receiving your notification.

 

However, if the contract is terminated less than 28 days before the product delivery, the product will still be delivered, and you will be required to pay for it. We need this 28-day period because we begin production 28 days in advance and cannot halt production once it has started for your coffee.

 

  1. 14-Day Money-Back Guarantee

 

If you are not satisfied with our product, you can request a refund within 14 days of your first order by emailing hello@startsunny.com, providing your name, order number, date of order, and address. We will inform you how to return the product for a refund. Refunds are processed within six weeks of receiving the returned product. Note that return shipping costs are not reimbursed.

 

Consequences of Withdrawal

 

Withdrawing from this contract obligates us to reimburse all payments received from you, including delivery costs (except additional costs from non-standard delivery choices), without undue delay and within fourteen days from receiving your withdrawal notice. The same payment method you used for the original transaction will be used for reimbursement unless agreed otherwise; no fees will be charged for this repayment. Reimbursement may be withheld until we receive the returned goods or proof of return. You must return the goods immediately and within fourteen days of notifying us of your withdrawal. The direct costs of returning the goods are your responsibility. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods. The right of withdrawal expires prematurely if you unseal goods that are not suitable for return for health protection or hygiene reasons.

 

  1. Delivery and Payment in Advance

 

Delivery occurs after receiving the purchase price plus shipping costs. The typical delivery time is two to six business days after payment. For subscriptions, delivery occurs monthly by default, with options to adjust intervals to 15, 30, 45, or 60 days upon request.

 

  1. Prices and Shipping Costs

 

All prices in our online store are gross prices, including VAT, and exclude shipping costs. Shipping costs are displayed during the order process. If you cancel your order according to Section 4, you may be entitled to a refund of any shipping costs already paid, subject to statutory requirements.

 

  1. Payment Methods

 

The purchase price and shipping costs must be paid in advance. You can choose from available payment methods in our online store. For subscriptions, you authorize us to debit your specified payment method for future deliveries. This authorization remains valid until revoked and applies to further subscription orders. You are not entitled to offset our claims unless your counterclaims are legally established or undisputed. You may exercise a right of retention only if your counterclaim arises from the same purchase contract or subscription.

 

  1. Warranty

 

We are liable for material defects or defects of title in delivered items according to statutory provisions, particularly §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years from the delivery date. Any seller's or manufacturer's warranties supplement statutory defect claims. Details of such warranties are provided in the warranty conditions that may accompany the items.

 

  1. Use of Our Website

 

You are authorized to use our website subject to the following terms:

 

You must use the website only for lawful purposes.

You must not engage in any conduct that disrupts the website or our services.

You must not misuse any information on the website.

You are responsible for keeping your account details confidential and for all activities that occur under your account. You grant us a non-exclusive, royalty-free, worldwide license to use any content you post on our website.

 

  1. Limitation of Liability

 

We are liable for damages or reimbursement of futile expenses caused by intent or gross negligence according to statutory provisions. In other cases, our liability is limited to foreseeable and typical damages resulting from a breach of a contractual obligation essential for the contract's proper execution (cardinal obligation). Our liability for damages from injury to life, limb, or health and under the Product Liability Act remains unaffected.

 

  1. Intellectual Property

 

We own the copyrights and rights of use to all logos, images, films, texts, and other content published on our website. Unauthorized use of these materials is prohibited.

 

  1. Disclaimer for Third-Party Content

 

We are not responsible for content on external websites linked from our site. These links are provided for convenience and do not imply endorsement or approval by us.

 

  1. Data Protection

 

We comply with the EU General Data Protection Regulation (GDPR) and applicable national data protection laws. For more information, please refer to our privacy policy.

 

  1. Changes to the GTC

 

We reserve the right to amend these GTC due to changes in legal, technical, or business conditions. Subscribers will be notified at least four weeks before changes take effect. Changes are considered approved if you do not object within four weeks of notification. If you object, we may terminate the contract effective from when the changes take effect.

 

  1. Assignment

 

We may assign all contracts and associated rights and obligations to another legal entity, particularly an affiliated company, or in connection with a corporate transaction or asset deal.

 

These revised terms ensure completeness and accuracy while reflecting the specific context of your business, StartSunny.