Terms and conditions ACAI GmbH

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) along with our product specifications 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. The standard delivery times stated under "shipping conditions" apply. 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.*

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)