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Outstanding smoothies since 2002 Fine Fruits Club
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Terms and conditions ACAI GmbH Germany

I Scope

The business relationship with our customers in connection with the purchase of our goods is — independent of the type of order (phone, fax, or Internet) — based on our General Terms and Conditions (GTC) in their current version. The delivery takes place exclusively within the specified delivery area.

II Orders and Delivery

1. Orders are placed via phone, fax, or Internet. Our offers hold while supplies last and are subject to change.

2. Shipping to customer’s delivery address is operated by ACAI GmbH authorized transport companies. Standard delivery times are as follows:

2.1 Frozen products (Juice Pads, Smoothie Packs, fruit purees, acai sorbets):

  • Orders of <17kg: Shipping by UPS

Orders of deep-frozen products <17kg are shipped on Mondays and Tuesdays with UPS:

  • Receipt of the order until Friday 11:30am => shipping on Monday with delivery within Germany on Tuesday between 8am and 7pm or Wednesday (ZIP codes 6.7, 8 and 9) between 8am and 7pm.
  • Receipt of the order until Tuesday 9:30am => shipping on Tuesday with delivery within Germany on Wednesday between 8am and 7pm or Thursday (ZIP codes 6.7, 8 and 9) between 8am and 7pm.

The products are shipped by UPS in styrofoam boxes with dry ice.

  • Orders > 17kg: Shipping by specialized forwarder of frozen products

Orders of deep-frozen products >17kg are shipped from Monday through Friday and delivered within 24 hours (Northern and Central Germany) or 48 hours (Southern Germany). Delivery time is between 8am and 4pm.

As the transport is deep-frozen, the products are NOT shipped in styrofoam boxes with dry ice and have to be stored into a freezer immediately after delivery.

2.2 Ambient products (Bio Fruit Blends and Bio Powder)

Orders of these products are shipped with UPS from Monday through Friday and delivered within 24-48 hours if we receive your order until 11am.  Delivery time is between 8am and 7pm.

All delivery times and dates are subject to change.

3. If the delivery must take place outside of our normal business hours – at the customer’s request or due to reasons for which the customer is responsible – the supplier is entitled to charge additional costs.

4. In order to avoid delays for the shipping company, the customer must ensure that the goods are received at the specified delivery address and on the expected delivery date immediately after the arrival of the shipment.

5. ACAI GmbH reserves the right to refuse a delivery if the delivery address is outside the specified delivery area, if a previous order by the customer repeatedly failed, or if the customer’s creditworthiness is questionable.

 

III Retention and Transfer of Risk

1. The delivered goods remain in the property of the supplier until the purchase price and all other claims are fully paid.

2. The risk of loss or damage of the goods devolves to the customer when the products have been handed over at the point of delivery.

IV Prices

1. Our current list of prices or the agreed selling prices are applied to all purchases.

2. Prices of products that do not require refrigeration (fruit blends, powders, equipment) are “free home” prices, i.e. they include all applicable shipping and delivery charges.

3. For our frozen products we charge transport costs according to our current price lists. Deliveries which exceed the "free domicile" order quantities as stated in the price lists are free of charge.

 

V Payment, Delay

1. Payment can be made in advance via bank transfer, credit card, electronic debit (ELV), or PayPal. By submitting an order, the customer agrees to the withdrawal of the respective amount from his or her credit card or bank account.

2. Upon delivery of the goods, the customer receives a “rated delivery note,” which acts as an invoice / receipt.

3. If other payment terms (PO) have been agreed upon, the invoice must be paid according to the specified payment date without any deduction.

4. For delayed payments, the supplier is entitled to charge interest rates of 2% above the current market rate published by the Deutsche Bundesbank (German Federal Bank). In addition, further deliveries can be stopped until full payment of all outstanding payments has taken place.

5. If an electronic direct debit (ELV) is refused by the customer or its bank, additional bank and processing fees of 15.00 € apply. These additional costs must be settled immediately by the customer together with the invoiced amount.

 

VI Warranty and Liability

1. The statutory liability for defects applies.

2. Claims or other complaints must be made upon receipt of the merchandise by noting cause of complaint directly on the invoice/ receipt. Defects have to be communicated to the supplier in written form immediately after discovery. The defective goods have to be stored whole and properly (deep-frozen at -18 ° C) in their original packaging and kept ready for inspection.

3. In case of justified complaints, purchase price will be refunded.

4. The liability of ACAI GmbH is limited to the value of goods ordered, unless in cases of deliberate or grossly negligent behaviour. Hereof excluded are claims according to the Product Liability Act (Produkthaftungsgesezt), where the legal requirements remain unaffected, as well as claims for injury to life, body, and health.

5. The supplier assumes no liability for defects and damages caused by improper handling and storage by the customer.


VII Revocation/Withdrawal

The following statements refer to our “dry goods” ( = goods that don’t require refrigeration). Our frozen products are highly perishable and therefore excluded from the right of withdrawal.*

1. Right of withdrawal
 
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us
 

Açaí GmbH
Erasmusstr. 1
10553 Berlin

info@acai.eu
www.acai.eu

Tel.: 030 209 17988
Fax: 030 34 727376

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model withdrawal form, but it is not obligatory.
 
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
 
2. Effects of withdrawal
 
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
 
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
 
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
 
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
 

VIII Privacy

The client provides personal data, which is necessary for the settlement of the purchase agreement. We will use and process this data only for the proper execution of our contractual relationship and provide it to third parties exclusively in this context.

 

IX Jurisdiction and Corporate Data

Jurisdiction is our head office 10553 Berlin. Only the law of the Federal Republic of Germany applies.

Açaí GmbH

Erasmusstr. 1

10553 Berlin

VAT ID: DE225757605

HRB 100 036 B District Court Charlottenburg (Berlin)

 

SERVICE & CONTACT:

​+49 (0)30 20917988

info@acai.eu

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(C) 2019 ACAI GmbH - Erasmusstr. 1 - 10553 Berlin - Germany
Ecological inspection board: DE-ÖKO-006

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