Terms and Conditions

  1. Scope, definition
    1. These general terms and conditions (hereinafter "GTC") of Mamaye UG (hereinafter also "we") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "customer") and Mamaye UG as the seller regarding the goods and services listed in our online shop. These GTC apply to the purchase of vouchers unless expressly stated otherwise.
    2. Unless expressly agreed otherwise, the general terms and conditions listed by the seller apply exclusively. The inclusion of the purchaser's own terms and conditions is hereby expressly excluded. Any deviating, conflicting, or supplementary general terms and conditions of the purchaser shall therefore not become part of the contract.
    3. Unless expressly agreed otherwise, these general terms and conditions also apply to the redemption of vouchers obtained through third parties.
    4. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
    5. Our offer is aimed at end consumers in Germany and the ordered goods or vouchers are not intended for resale.
  2. Conclusion of contract, non-binding information, obligations of the purchaser
    1. All information regarding our goods and prices prior to the conclusion of a contract is subject to change and non-binding. Product images may not always correspond to the actual appearance of the delivered products. Changes in the appearance of the products may occur after manufacturers update their product ranges. Claims for defects are therefore excluded.
    2. The offers of products in the online shop do not constitute a legally binding offer, but rather a non-binding online catalogue which merely represents a non-binding invitation to the purchaser to submit a binding offer.
    3. The customer can submit an offer by fully completing and confirming the online order form provided by Mamaye UG. The customer must first place the selected goods in the virtual shopping cart and complete the electronic ordering process. The customer then submits a legally binding offer with regard to the goods and services added to the shopping cart by clicking the "Order with payment" button, which concludes the ordering process. After placing the order and thus submitting an offer to conclude a contract, the customer immediately receives an order confirmation via automated email to the email address provided. This email then represents acceptance of the contract by Mamaye UG. In the event that technical problems arise or the email address provided by the customer cannot be delivered, the offer can also be accepted by sending the ordered goods within three days.
    4. Mamaye UG may accept the customer's offer within three days. Acceptance may occur as follows:
      1. By means of a written order confirmation via email. The decisive point in time of acceptance is the receipt of the order confirmation by the customer.
      2. By delivery of the ordered goods. The decisive point in time of acceptance is the receipt of the goods by the customer.
      3. By request for payment from Mamaye UG.
        If we do not accept the customer's offer within the above-mentioned period, this shall be deemed a rejection of the offer. A contract shall not be concluded.
    5. The period for the declaration of acceptance begins on the day after the dispatch of the customer's offer and ends at the end of the third day following the dispatch of the offer.
    6. Once the offer is submitted via the online order form, this contract text is saved by Mamaye UG and sent to the customer after the order has been submitted. Orders are archived by Mamaye UG on its website. If the customer has created a free customer account, they can access their orders at any time free of charge via their password-protected customer account by entering their login details.
    7. Orders are generally processed via email and automated order processing. The customer must ensure that the email address provided when placing the order is correct so that they can receive emails sent by Mamaye UG at this address. When using spam filters, the customer must ensure that all emails sent by Mamaye UG can be delivered.
    8. All information provided by the customer during the ordering process must be current and true. The customer may not disclose their password to third parties. The password must be inaccessible to unauthorized persons. The login name and password must be kept separate. All data must be stored securely. Any loss or disclosure of data must be reported to Mamaye UG immediately in writing. The customer is liable for any misuse, e.g., any unauthorized orders by third parties using the customer's password and the resulting claims, in accordance with statutory provisions.
  3. Contract types; contract term, automatic renewal, termination
    1. Customers also have the option of purchasing a subscription with no minimum term. This allows them to receive a number of meals of their choice per month. The meals are delivered once a month as a complete package.
      The price for a monthly delivery depends on the products ordered.
    2. If the subscription is not canceled, it will automatically renew for an indefinite period. However, the contract is then no longer bound to a minimum term and can be canceled by the customer at any time, at the earliest possible date.
    3. The customer can cancel the subscription at any time. Cancellation can be made in the user account.
    4. In the event of termination, the customer will not be reimbursed for any deliveries already paid for but not dispatched with an agreed delivery date after the expiry of the notice period.
    5. The right of both parties to extraordinary termination for good cause in accordance with Section 314 of the German Civil Code (BGB) remains unaffected.
  4. Delivery, delivery requirements, retention of title, transfer of risk, interruption of delivery
    1. We deliver to the countries listed in the shipping overview to addresses that can be delivered by courier within the delivery areas specified on the website.
    2. We deliver to the address specified by the customer in their customer area/account on our website. An address change will take effect for the next delivery if the renewal order has not yet been initiated.
    3. The purchaser undertakes to ensure that personal delivery of the goods is possible at the delivery address provided by him. If delivery is not possible, the purchaser will be in default of acceptance.
    4. If it is not possible to leave the goods, the contract can also be fulfilled by delivering the goods to a neighboring household or business.
    5. If the goods have not been paid for at the time of personal handover in accordance with paragraph 4, we reserve title until the purchase price has been paid in full.
    6. If technically possible, the customer can suspend a delivery via his customer account.
  5. Liability for defects
    1. If there is a defect in the purchased item, the statutory provisions apply.
    2. If the purchaser has requested subsequent performance by way of a replacement delivery and this has been carried out, the purchaser is obliged to return the previously delivered goods to Mamaye UG at Mamaye UG's expense within 30 days of receipt of the replacement delivery.
  6. Prices and shipping costs; due date; payment; offsetting; retention
    1. All prices include VAT and, unless otherwise agreed, exclude shipping costs. Any applicable shipping costs will be stated separately for each product.
    2. Mamaye UG's claims are due immediately. If payment is made in advance, if this payment method is activated, the customer must transfer the outstanding amount to Mamaye UG's account within 7 business days of receiving the order confirmation. The customer can find the account details in the order confirmation. If the customer defaults on payment, the purchase price will be subject to interest at 5 percentage points above the base interest rate during the period of default.
    3. Payment can be made using the methods listed on the website. Payment for goods is made, at the customer's discretion, by direct debit, instant bank transfer, credit card, or PayPal after the purchase contract has been concluded. Payment by direct debit will be debited within one week of ordering the goods. By selecting payment by direct debit, the customer grants Mamaye UG a SEPA mandate, which authorizes us to debit the invoice amount from the customer's account.
    4. You are only entitled to a right of set-off if your counterclaims have been legally established, are ready for decision, or are undisputed by us. This does not apply to contractual or other claims arising from the initiation or execution of this contractual relationship. You are only entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
    5. When you sign up for a subscription, your account will be charged once a month for the duration of the contract. The account is debited on the order date. Due to discounts and special promotions, the debit amounts may vary during the subscription period. Please understand that for technical reasons, the debit may not appear in your account for several days.
    6. The redemption conditions for vouchers depend on the respective promotions. Unless specific voucher conditions have been specified, the vouchers cannot be combined with other discount promotions.
    7. Unless otherwise stated, there are no shipping costs for subscription purchases. Some deliveries abroad are exempt from this policy.
  7. Liability, obligations of the purchaser
    1. In the event of damages suffered by the customer, Mamaye UG shall be liable for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
      Mamaye UG is liable as seller without limitation for any legal reason
      1. in case of intent or gross negligence
      2. in the event of negligent or intentional injury to life, body or health
      3. based on a guarantee promise, unless otherwise agreed
      4. due to fraudulent deception
      5. under the Product Liability Act
    2. If Mamaye UG, as the seller, negligently breaches a material contractual obligation, liability is limited to foreseeable, contract-typical damages. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely (cardinal obligation).
    3. In cases other than those mentioned in paragraphs 1 and 2, Mamaye UG’s liability is excluded regardless of the legal basis.
    4. The liability provisions in the above paragraphs also apply to the personal liability of the bodies, employees and vicarious agents of Mamaye UG.
    5. The purchaser is obliged to carefully read and observe the product, consumption and warning instructions for the delivered products before use.
  8. Data protection
    1. For data protection, please refer to our privacy policy.
  9. Right of withdrawal and cancellation policy

    Cancellation policy

    Right of withdrawal for consumers and model withdrawal form

    Consumers – i.e. any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity – may revoke their contractual declaration in the case of paid contracts under the following conditions:

    Cancellation policy for the separate delivery of several goods

    aa) In the case of a contract for one or more goods that can be sent by parcel, which reach the consumer in a single delivery or which are delivered separately as part of a single order for the ordered goods:

    Cancellation policy

    Right of withdrawal

    You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must notify us

    Mamaye UG
    Friedrichstrasse 104
    63263 Neu-Isenburg

    by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

    Consequences of revocation

    If you cancel this contract before the goods have been dispatched, we will refund all payments we have received from you, including delivery costs, promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

    If you cancel this contract after the goods have been dispatched, we will refund all payments we have received from you, excluding delivery costs, promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received and inspected the goods.

    You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

    You shall bear the direct costs of returning the goods.

    You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

    bb) In the case of a contract for the regular delivery of goods over a specified period:

    Cancellation policy

    Right of withdrawal

    You have the right to withdraw from this contract within fourteen days without giving any reason.

    The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the first goods.

    To exercise your right of withdrawal, you must

    MamayeUG, Friedrichsstrasse 104, 63263 Neu-Isenburg

    by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

    Returns will only be accepted to the following address:

    Mamaye UG
    Friedrichstrasse 104
    63263 Neu-Isenburg
    Germany

    Consequences of revocation

    If you cancel this contract before the goods have been dispatched, we will refund all payments we have received from you, including delivery costs, promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

    If you cancel this contract after the goods have been dispatched, we will refund all payments we have received from you, excluding delivery costs, promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received and inspected the goods.

    You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

    You shall bear the direct costs of returning the goods.

    You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

    Sample cancellation form

    If you wish to cancel the contract, please fill out this form and send it back

    - On

    Mamaye UG

    Friedrichstrasse 104

    63263 Neu-Isenburg

    - I/we (*) hereby revoke the contract concluded by me/us (*) for the
    Purchase of the following goods (*)/provision of the following service (*)

    - Ordered on (*)/received on (*)

    - Name of the consumer(s)

    - Address of the consumer(s)

    - Signature of the consumer(s) (only if notification is made on paper)

    - Date

    _______________ (*) ​​Delete as appropriate.