GTC
General Terms and Conditions
mybacs®
https://www.mybacs.com
vis-à-vis consumers
1. General
1.1 Provider identification; scope of application; customer's GTC
1.2 Customer group
2. Conclusion of contract
2.1 Minimum order value
2.2 Maximum order value / exclusion of B2B orders
2.3 Order process
2.4 Conclusion of contract
2.4.1 Checkout
2.4.2 Express checkout
2.5 Formation of the contract
2.6 Regular deliveries of goods ("subscriptions")
2.6.1 Formation of the subscription; delivery intervals; subscription types
2.6.2 Payment and cancellation of the subscription
2.6 Contract language
3. customer account
3.1 Registration
3.2 Access data
3.3 Deactivation
4. consumer right of withdrawal
4.1 Cancellation policy
4.1.1 Cancellation policy for one-off purchases
4.1.2 Cancellation policy for regular deliveries
4.2 Exclusion of the right of withdrawal
4.2.1 Exclusion of the right of withdrawal for unsealed hygiene and
health products
4.2.2 Exclusion of the right of withdrawal for individually manufactured or personalized
goods
4.2.3 Exclusion of the right of withdrawal for perishable goods or goods with a
short shelf life
4.2.4 Exclusion of the right of withdrawal for orders over 600 euros (B2B)
4.3 Sample withdrawal form
4.4 Voluntary return option for clothing items (30 days)
5. Terms of payment
5.1 Prices
5.2 Shipping costs
5.3 Payment processing
5.3.1 For one-off purchases 5.3.2 For subscriptions
5.3.3 Changing your payment method
5.4 Payment methods in detail
5.5 Due date
5.6 Vouchers
5.7 Money-back guarantee - food supplements
6 Delivery
6.1 Delivery restrictions
6.2 Delivery times
6.3 Partial deliveries
7 Warranty for material defects, guarantee; retention of title
8 Liability
8.1 Limitation of liability
8.2 Breach of essential contractual obligations
8.3 Legal representatives and vicarious agents
9 Miscellaneous
9.1 Copyrights
9.2 Supplementary conditions for the use of our Internet pages
9.3 Applicable law
9.4 Place of jurisdiction
9.5 Dispute resolution
1. general
1.1 Provider identification; scope of application; General terms and conditions of the customer
These General Terms and Conditions (our "GTC") apply to all contracts concluded between you, our customer who is at least 18 years old (hereinafter "you" or "customer(s)") and us, mybacs Vertriebs GmbH, represented by the Managing Director Carl-Philipp von Polheim, Infanteriestraße 11a, D-80797 Munich, e-mail: info@mybacs.com, registered in the Commercial Register of the Local Court of Munich under: HRB 245239, telephone: +49(0)91147558163, VAT ID No. DE321751635 the online shop operated under the Internet pages www.mybacs.com (our "Internet pages"); in particular purchase contracts for the goods offered there for one-off purchase or by way of regular delivery ("goods subscriptions"), in particular dietary supplements as well as additional merchandise articles such as drinking bottles, clothing (e.g. e.g. shirts, sweaters, socks) ("goods"). Our GTC apply exclusively. We do not recognize any general terms and conditions of you that contradict or deviate from our GTC unless we expressly agree to their validity in writing.
1.2 Customers
Our offers and these GTC apply exclusively to consumers. "Consumer" within the meaning of Section 13 of the German Civil Code ("BGB") is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
In contrast, an "entrepreneur" within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
. Conclusion of contract
2.1 Minimum order value
We may only be able to accept orders for certain goods above a certain minimum order value. If this is the case, you can find both in the information provided in our online store.
2.2 Maximum order value / exclusion of B2B orders
(1) Our online store is aimed exclusively at consumers within the meaning of Section 13 BGB. The maximum order value per individual order is EUR 600 (incl. statutory VAT).
(2) Orders with a total value of more than EUR 600 cannot be processed via the online store. We expressly reserve the right not to accept such orders. In this case, an automatically sent order confirmation does not constitute acceptance of the contract offer.
(3) Should an unintentional execution of the contract nevertheless occur (e.g. e.g. through technical acceptance or dispatch), we shall treat such orders as commercial orders (B2B). In this case, our separate B2B terms and conditions shall apply exclusively. There is no statutory right of withdrawal (§ 355 BGB). Payments already made will also not be refunded.
(4) For larger orders over EUR 600 or commercial inquiries, please contact us directly at partner@mybacs.com so that we can make you an individual offer.
2.3 Ordering process
The presentation of the goods in our online store and their advertising is non-binding, i.e. it only represents a request to you to submit an application to conclude a corresponding purchase contract ("order"), which requires our acceptance. Orders are placed exclusively by distance selling and via our Online store. The main features of the goods can be found in the item description in our online store. You can select goods in our online store and collect them in a so-called electronic shopping cart ("shopping cart") using the "Add to cart" button.
2.4 Conclusion of contract
2.4.1 Checkout
(1) If you would like to order the goods in the shopping cart, you can log into your existing customer account or order as a guest or register a new customer account by entering your personal data after clicking the "Checkout" button on our "Checkout" page (Section 3). Registering a customer account is not a prerequisite for ordering. The data not marked as "optional" is mandatory. Before submitting your order, you can correct the data at any time by using the correction aids provided and explained in the order process. After selecting your desired payment and shipping method and checking your order, you place a legally binding order with regard to the goods in the shopping cart by clicking on the "Buy" button.
(2) However, your request can only be submitted and transmitted to us if you agree to the validity of these GTC by ticking the appropriate box, thereby including them in your request and declaring that you have taken note of and understood the consumer withdrawal policy and our data protection information.
(3) After submitting your order by clicking the "Buy" button, you will be forwarded to the payment service you have selected. Payment of your order in advance by means of our approved instant payment methods does not yet lead to the conclusion of a contract.
(4) If we already have your payment details, i.e. you are an existing customer, you can also order by telephone or email, stating the goods you wish to purchase, or take out a subscription (section 2.5).
2.4.2 Express checkoutAlternatively, you can complete your order on the checkout page by selecting one of the payment services offered and pressing the corresponding button to be forwarded directly to the payment service you have selected, logging in to it and confirming your order there ("express checkout"). The billing and shipping details are taken from the information stored in your profile with the payment service during express checkout.
2.5 Conclusion of the contract
(1) After successfully submitting your order to us, a summary of your order will be displayed on your screen; we will also send you an automatic confirmation of receipt by email, in which your order is listed again. You can printboth via using the "Print" function (each an "order confirmation"). The order confirmation merely documents that we have receivedyour order and does not constitute acceptance of your request.
(2) The contract is only concluded upon receipt of our shipping confirmation by you, which is sent in a separate e-mail ("Shipping Confirmation"), but at the latest upon delivery of the goods.
(3) The text of the contract (consisting of the order and the GTC) will be sent to you on a permanent data carrier (email or paper printout) in the order or dispatch confirmation or in a separate email, but at the latest upon delivery of the goods.
(4) The text of the contract will be stored in compliance with data protection regulations. You can view your past orders and your subscription under your customer account, if you have registered one. The registration of a customer account (Section 3) is not a prerequisite for ordering, see above.
2.6 Regular deliveries of goods ("subscriptions")
If we offer you our goods not only for a one-off purchase ("one-off purchase" with one-off delivery or - as far as reasonable for you - the fastest possible partial deliveries), but alternatively as a goods subscription ("subscription"), i.e. we supply you regularly with similar goods (i.e. the same article) over a fixed period of time (Section 356 (1) No. 1 d) BGB), the following provisions shall apply in addition.
2.6.1 Formation of the subscription; delivery intervals; subscription types
(1) As part of a subscription that is concluded between you and us in accordance with no. 2.4 above between you and us, we agree with you on your delivery in the delivery interval selected by you ("delivery interval") with the number/dosage/quantity of similar goodsoffered by us as a subscription for the selected delivery interval (e.g. 30 days, 90 days, 180 days).
(2) Your subscription and the delivery interval each begin on the date of your order.
(3) In the event that you wish to be supplied by us with one or more other items in addition to an existing subscription, an independent additional subscription isconcluded for the other item (s) ordered together with its own delivery interval.
2.6.2 Payment and cancellation of the subscription
(1) If you choose the delivery by subscription, you only pay when we deliver the goods ordered as part of the subscription, i.e. we only debit the means of payment you selected when you placed your order at the respective delivery interval.
(2) Our subscription has no minimum term, i.e. you can cancel it after the first delivery of goods with a notice period of four (4) days to the next delivery interval via a corresponding online cancellation function, by e-mail to customer support and/or by telephone. If you do not cancel your subscription in due time, it will be automatically extended by the delivery interval you have selected.
2.7 Contract language
The contract is concluded in German.
3. customer account
3.1 Registration
You can register a customer account in our online store, into which you can log in with your access data and which you can manage independently. You are obliged to provide complete and correct information when registering. Your customer account is not transferable. You may not set up more than one customer account and may not rent or lend it out. You are not entitled to register a customer account.
3.2 Access data
You are solely responsible for the security of the access data to your customer account ("access data"), in particular the password. This includes, in particular, keeping the Access Data strictly confidential and not disclosing it to third parties. Should the access data become known to unauthorized persons, you are obliged to change the access data immediately.
We assume no liability for any damages in connection with the theft of the access data for which we are not responsible, the disclosure of the access data by you or the fact that you have granted a third party access to your customer account with the help of the access data. You undertake to inform us immediately of any unauthorized use of the access data.
.3 Deactivation
You can have your customer account deactivated by us by sending us a corresponding request by e-mail to our customer service. Your customer account will then be deactivated. This process cannot be reversed. Any payment obligations you may have towards us at the time of deactivation remain unaffected by this.
4. consumer right of withdrawal
In principle, you have a statutory right of withdrawal when concluding a distance selling transaction, about which we will inform you below in accordance with the statutory model (Section 4.1). The exceptions to the right of withdrawal are set out in Ziff. 4.2 are regulated. In Ziff. 4.3 contains the statutory model withdrawal form.
4.1 Cancellation policy
The cancellation period within the meaning of the cancellation policy shall commence upon receipt of the goods or receipt of the last partial delivery of the goods (Section 356 (2) No. 1 b) BGB) in the case of a one-off purchase and upon receipt of the first goods of the subscription in the case of regular delivery of (similar) goods (Section 356 (2) No. 1 d) BGB).
4.1.1 Cancellation policy for one-off purchases
(1) Cancellation policy - one-off purchase You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. To exercise your right of withdrawal, you must contact us: mybacs Vertriebs GmbH, Infanteriestraße 11a, D-80797 Munich, e-mail: info@mybacs.com, telephone: +49(0)91147558163, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of withdrawal - one-off purchase 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4.1.2 Cancellation policy for regular delivery
(1) Cancellation policy - regular delivery You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the first (similar) goods. To exercise the right to cancel, you must inform us: mybacs Vertriebs GmbH, Infanteriestraße 11a, D-80797 München, E-Mail: info[at]mybacs.com, Phone: +49(0) 91147558163, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of withdrawal - regular delivery
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. For this repayment, we will use the same means of payment that you used for the original transaction. unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.
4.2 Exclusion of the right of withdrawal
A right of withdrawal does not exist in the following cases:
.2.1 Exclusion of the right of withdrawal for unsealed hygiene and health products A right of withdrawal does not exist for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
4.2.2 Exclusion of the right of withdrawal for individually manufactured or personalized goods A right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
4.2.3 Exclusion of the right of withdrawal for perishable goods or goods with a short shelf life There is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would bequickly exceeded .
4.2.4 Exclusion of the right of withdrawal for orders over EUR 600 (B2B) As regulated in Section 2.2 of these GTC, orders with a total value of over EUR 600 cannot be processed via our online store and are considered commercial orders (B2B) in the event of unintentional contract execution. There is no statutory right of withdrawal for such orders, as they do not fall under consumer protection law. Payments already made will not be refunded in these cases either.
4.3 Sample withdrawal form
We inform you about the sample withdrawal form as follows: Sample withdrawal form (If you wish to withdraw from the contract, please fill out this form and send it back to us).
To
mybacs Vertriebs GmbH
Infanteriestraße 11a
D-80797 MünchenE-Mail: info@mybacs.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of
sale of the
following goods (*)/for the supply of the following service (*)
_____________________________________________________________
___________________
Ordered on (*)
_____________________________________________________________
___________________
Received on (*)
_____________________________________________________________
___________________
Name of the consumer(s)
_____________________________________________________________
____________________
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
_____________________________________________________________
____________________
Date
(*) Delete as applicable4.4 Voluntary return option for clothing items
(30 days)
(1) Without prejudice to your statutory rights, in particular your statutory right of withdrawal under these GTC, we offer you a voluntary return option for clothing items only. You can return clothing to us without giving reasons within 30 calendar days of receiving the goods.
(2) In order to make use of this voluntary return option, the customer must inform us of the intended return within the specified period of 30 calendar days from receipt of the goods. The return shipment must then be made within a reasonable period after this notification; this period shall be deemed to have been observed if the goods are dispatched no later than the 35th calendar day after receipt of the original delivery. We shall bear the costs of the return shipment.
(3) The returned clothing may only have been worn for fitting and must be in a condition that corresponds to such a fitting - as typically takes place in a store.
(4) If clothing is returned that is worn, soiled or damaged beyond the usual extent, we reserve the right to claim compensation for lost value (§ 357 para. 7 BGB).(5) This above voluntary return option applies exclusively to clothing items and does not affect your statutory rights, in particular your right of withdrawal and your warranty rights.
5 Terms of payment
5.1 Prices
All prices stated in our online store include the applicable statutory value added tax.
5.2 Shipping costs
Shipping costs may be incurred in addition to the stated prices of the goods, which we show in our current shipping costs overview.
5.3 Payment processing
You can make the payment as follows:
5.3.1 for one-off purchases byPayPal, credit card (Visa, Mastercard, American Express), Klarna, Klarna
Sofortüberweisung, Apple Pay, Google Pay, Shop Pay, UnionPay, MobilePay, EPS and Bancontact.
5.3.2 for subscriptions
(1) by PayPal, credit card (Visa, Mastercard, Maestro, American Express), Apple Pay, Google Pay and Shop Pay.
(2) In the case of subscriptions, we will debit your chosen payment method/account for the first delivery with your order and for each interval delivery at the earliest four (4) days before this takes place.
5.3.3 Changing your payment method
You can change the payment method you selected when placing your order for future one-off purchases and the next (at least four (4) days in the future) interval delivery of your subscription at any time via your customer account, if you have registered one.
5.4 Payment methods in detail
Further information on the payment methods we offer can be found here.
5.5 Due date
(1) Payment of the purchase price for one-off purchases is due immediately when you place your order; for subscriptions, four (4) days before the respective interval delivery. The means of payment selected by you will be charged at the respective due date charged.
(2) We are entitled to default interest at the statutory rate if you are in default of payment. We reserve the right to assert a demonstrably higher damage caused by default. You have the option of proving the occurrence of lower damages.
5.6 Vouchers
If we grant you cash discounts, coupons, vouchers or other price advantages on the goods at our sole discretion, e.g. in the form of discount codes or other benefits or promotional gifts, product samples (collectively referred to as "voucher(s)"), you can redeem these in accordance with the following conditions during the specified period of validity: All vouchers can only be redeemed once. Only one voucher can be redeemed per order. If the redemption of vouchers below a certain minimum order value per order is excluded, we will point this out to you in our offers.
If the benefit granted by the voucher is a percentage saving or a saving expressed in euros, the value of the voucher will be automatically deducted from your invoice amount ( pro rata temporis in the case of subscriptions ). Any benefit value exceeding the invoice amount will be forfeited. A cash payment of the voucher value is excluded. If the voucher grants benefits in kind, e.g. in the form of product samples and promotional gifts, we will deliver these to you with your first order and only while stocks last.
5.7 Money-back guarantee - dietary supplements
Without prejudice to your statutory rights (in particular your 14-day right of withdrawal and your warranty rights for defects), we offer you a voluntary "money-back guarantee" on the following conditions for
dietary supplements:
(1) You can test the food supplementsfor60 days without risk - we willpaythe shipping costs. Notconvincedby our products? Then please contact us within 60 calendar days of
receiving the food supplements and take the following steps:
a) Write an e-mail (preferably from the e-mail address you provided when you placed your order) to support@mybacs.com with the subject "Money-back guarantee", stating your order number.
Please state the exact reason why you want to make use of the "money-back guarantee".b) Our customer support will get back to you within 24 hours (Mon. - Fri. - excluding public holidays in Germany) with an answer and exact details of your order. instructions with you.
c) MacOnce our customer support hascheckedthe case and approved the money-back guarantee, you will receive a personalized link to download your return slip and shipping label. Pleasereturnunopened goods to us.
(2) You can make use of the "money-backguarantee" in the following cases:
a) Youfeelunwell or do not tolerate the products;
b) You do not feel any difference or improvement by taking our products, although you have tested themovera longer period of time;
(3) The following cases are excluded from the "money-back guarantee":
a) If you have lost the goods;
b) If you have not given a reasonforthereturn;
c) If the value of your return is less than €20;
d) If there are more than 60 days between your request and receipt of the goods;e) If it is a repeat order. The "money-back guarantee" only applies to the first two orders as part of a one-off purchase or regular delivery as part of a subscription of goods with the same article number if you contact us within 60 days of receiving the goods.
6 Delivery
6.1 Delivery restrictions
Delivery is made by mail order. We will only deliver to you if you have a delivery address in the European Union. We do not deliver to PO boxes.
6.2 Delivery times
(1) Delivery times stated by us are calculated (subject to prior payment of the purchase price (except in the case of purchase on account)):
(a) in the case of a one-off purchase, from the time of your order;
(b) in the case of subscriptions, we will deliver the first delivery of the subscription according to the letter and subsequent deliveries at the agreed delivery intervals +/- 2 working days (Mon.-Sa. - excluding public holidays in Germany - "working days").
(2) If no or no deviating current delivery time is specified for the respective goods in our online store, the delivery time in the case of letters a) (one-off delivery) and b) 1. case (first delivery of the subscription) is 1 to 7 working days for shipments within Germany; within the European Union 2 to 10 working days.
6.3 Partial deliveries
(1) We are only entitled to make partial deliveries if this is reasonable for you.
(2) Your regular delivery of goods as part of a subscription does not constitute a partial delivery as such.
7 Warranty for material defects, guarantee; retention of title
(1) We are liable for material defects in accordance with the applicable statutory provisions. An additional guarantee (e.g. for the damage of the goods) only exists for the goods delivered by us if this was expressly given in the order confirmation for the respective article. Under no circumstances do we give a guarantee with regard to the effect of our goods.
(2) For the "money-back guarantee", see above para. 5.7.(3) The delivered goods remain our property until they have been paid for in full.
8. Liability
8.1 Limitation of liability
Your claims for damages are excluded. Excluded from this are your claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on our intentional or grossly negligent breach of duty, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Mandatory statutory liability, e.g. under the Product Liability Act, shall remain unaffected.
8.2 Breach of material contractual obligations
In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages by you arising from injury to life, limb or health.
8.3 Legal representatives and vicarious agents
The limitations of Sections 8.1 and 8.2 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
9 Miscellaneous
9.1 Copyrights
All images, photos, films and texts published in our online store are protected by copyright. Their use is not permitted without the express prior written consent of the respective copyright holder.
9.2 Supplementary conditions for the use of our website
The use of our website is also subject to the following terms of use. You may not use our website if you do not accept these terms of use. By using our website, a free contract is concluded between you and us for the use of our website. Uninterrupted and full availability of our website cannot be guaranteed according to the current state of technology. We are therefore not liable for the constant and uninterrupted error-free availability of our website. Disruptions or maintenance work may restrict or temporarily interrupt their use. Insofar as we have influence on interruptions (e.g. during maintenance work), we endeavor to keep such interruptions as short as possible. Our website can be accessed via a personal computer (PC) using a web browser on the Internet, preferably via DSL or an equivalent connection. If use is made via other Internet-enabled end devices, both the range of functions and the display may be restricted. We accept no liability for data security outside our sphere of control and the risk of data loss when transferring data via the Internet.
9.3 Applicable law
The version of our General Terms and Conditions valid at the time of conclusion of the contract and the law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which you as a consumer have your habitual residence, remain unaffected.
9.4 Place of jurisdiction
If you do not have a place of residence in the Federal Republic of Germany or your habitual residence is unknown at the time the action is brought, the place
of jurisdiction
is Our registered office shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.9.5 Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. You can find our e-mail address above under Ziff. 1.1 above or in the legal notice on our website.
Status of these GTC: July 2025