Terms and Conditions

A.G.E. Elements · Legal

Terms &
Conditions

General Terms and Conditions of A.G.E. Elements GmbH for orders placed through our online shop.

01 Scope

1.1. These General Terms and Conditions (hereinafter referred to as the “Terms”) apply to all contracts for the delivery of goods concluded by consumers through the online shop of A.G.E. Elements GmbH, Kurfürstendamm 96, 10709 Berlin, Germany, represented by its managing director Calvin Radtke (hereinafter referred to as “A.G.E. Elements”).

1.2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside that person's trade, business or self-employed professional activity.

1.3. Any deviating terms and conditions of the customer shall not apply unless A.G.E. Elements has expressly agreed to their application in text form.

1.4. Depending on the option selected by the customer, a contract for a one-time purchase or a contract for recurring deliveries under a subscription is concluded.

02 Contract Formation

2.1. Product presentations in the online shop do not constitute legally binding offers, but are an invitation to the customer to submit an offer to conclude a purchase or subscription contract.

2.2. The customer submits a binding offer by completing the order process and clicking the button that clearly indicates the obligation to pay.

2.3. A.G.E. Elements may accept the customer's offer within five business days by:

  • sending an order confirmation in text form, in particular by email,
  • delivering the ordered goods, or
  • requesting payment.

If no acceptance takes place within this period, the offer shall be deemed rejected and the customer shall no longer be bound by it.

2.4. If the customer selects a payment method for which payment is initiated directly during the order process, acceptance of the offer may occur upon completion of the order process, insofar as this is displayed during checkout.

2.5. A.G.E. Elements stores the contract text. The customer receives the order details and these Terms in text form, in particular by email, after placing the order. If a customer account has been created, order details may also be viewed there.

2.6. Before submitting the binding order, the customer may identify and correct input errors using the technical means provided during the order process.

2.7. The contract language is German.

2.8. Order processing and communication generally take place by email. The customer is responsible for ensuring that the email address provided is correct and that emails from A.G.E. Elements can be received, including by checking spam or junk mail folders.

03 Subscriptions

3.1. For selected products, A.G.E. Elements offers subscriptions with recurring deliveries in addition to one-time purchases. The delivery quantity and delivery interval displayed in the respective offer form part of the subscription contract.

30-Day Subscription

Delivery of one pouch every 30 days, unless otherwise stated in the respective offer.

90-Day Subscription

Delivery of three pouches every 90 days, unless otherwise stated in the respective offer.

3.2. The total price applicable to the respective subscription, delivery quantity, delivery interval and any price advantage compared to a one-time purchase will be clearly displayed to the customer in the online shop before the order is placed. The price displayed when the subscription contract is concluded is decisive.

3.3. The subscription is concluded for an indefinite period. There is no minimum term.

3.4. For each scheduled recurring order, the payment method stored when the subscription was concluded, or later updated by the customer, will be charged automatically with the amount due for the respective recurring order.

3.5. As a rule, the customer will receive an email reminder three days before the next scheduled billing or processing date.

3.6. The customer may cancel or pause the subscription at any time and may make changes where technically available. Changes, including cancellations, pauses, skipping a delivery, changes to the delivery interval or delivery address, must be made at least 24 hours before the next scheduled billing or processing date in order to be considered for the upcoming recurring order.

3.7. The subscription can be managed through the customer account and the subscription portal accessible there. The customer may also contact info@age-elements.com for cancellations or other subscription-related matters.

3.8. If an automatic charge cannot be processed successfully, A.G.E. Elements may make further charge attempts and inform the customer accordingly. If payment remains unsuccessful after repeated attempts, the subscription may be paused until payment information is successfully updated or payment is received.

3.9. Deliveries are made to the delivery address stored for the respective subscription. Changes to the delivery address must be made in good time in accordance with clause 3.6 through the customer account or subscription portal, or by notifying A.G.E. Elements.

04 Right of Withdrawal

4.1. Consumers generally have a statutory right of withdrawal.

4.2. Details, requirements, exceptions and consequences of withdrawal are set out in the separate withdrawal policy of A.G.E. Elements, which is available in the online shop and made available to the customer during the order process.

Note on sealed products
In the case of sealed goods that are not suitable for return for reasons of health protection or hygiene, the right of withdrawal may expire if the seal has been removed after delivery. The statutory requirements and the separate withdrawal policy shall apply.

4.3. Statutory warranty rights in the event of defective, damaged or incorrectly delivered goods remain unaffected.

05 Prices & Payment

5.1. All prices stated in the online shop are total prices including the applicable statutory value added tax and are exclusive of any applicable shipping costs. Shipping costs will be clearly displayed before the customer places the order.

5.2. Available payment methods are displayed in the online shop and at the latest during checkout. Depending on the delivery country and order, payment methods may include Shopify Payments, including credit and debit cards, digital wallets and Klarna, as well as PayPal.

5.3. A.G.E. Elements reserves the right to limit the selection of available payment methods in individual cases where objectively justified.

5.4. Unless otherwise stated during checkout, the purchase price is due immediately upon completion of the order. This applies accordingly to each scheduled recurring order under a subscription.

06 Delivery & Shipping

6.1. Delivery is made to the delivery address specified by the customer within the delivery area stated in the online shop.

6.2. Delivery times, delivery areas, shipping costs and further details on shipping are set out in the separate Shipping & Payment Policy of A.G.E. Elements, which is available in the online shop.

6.3. If delivery cannot be completed for reasons attributable to the customer, the customer may bear the reasonable additional costs incurred as a result, provided that A.G.E. Elements is not responsible for the failed delivery.

6.4. If the ordered goods are unavailable for reasons for which A.G.E. Elements is not responsible, A.G.E. Elements is entitled to withdraw from the contract. The customer will be informed without delay and payments already made will be refunded without delay.

6.5. Collection of goods is not available.

6.6. In the case of consumers, the risk of accidental loss of or accidental damage to the goods shall not pass to the customer until the goods are handed over to the customer or to a person authorized by the customer to receive them.

07 Retention of Title

7.1. Delivered goods remain the property of A.G.E. Elements GmbH until the purchase price has been paid in full.

08 Statutory Warranty

8.1. The statutory provisions on warranty for defects shall apply.

09 Liability

9.1. A.G.E. Elements shall be liable without limitation for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body or health.

9.2. In the event of a slightly negligent breach of a material contractual obligation, liability of A.G.E. Elements shall be limited to the foreseeable damage typical for this type of contract. Material contractual obligations are obligations whose performance makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

9.3. In all other respects, liability of A.G.E. Elements shall be excluded to the extent permitted by law.

9.4. Liability under the German Product Liability Act remains unaffected.

10 Promotional Vouchers

10.1. Promotional vouchers are vouchers issued free of charge by A.G.E. Elements as part of promotional campaigns and cannot be purchased.

10.2. Promotional vouchers may only be redeemed in the online shop of A.G.E. Elements and only within the period stated on the promotional voucher or in connection with the relevant campaign.

10.3. Promotional vouchers must be redeemed before completion of the order process. They cannot be credited retrospectively.

10.4. Only one promotional voucher may be redeemed per order unless the terms of the relevant campaign state otherwise.

10.5. Individual products, product variants, subscriptions or other offers may be excluded from a promotional campaign. Any restrictions will be communicated as part of the relevant campaign.

10.6. The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be paid out or accrue interest.

10.7. If the value of the promotional voucher is insufficient to cover the order value, the difference may be paid using another available payment method.

10.8. Cash payment, interest or transfer of the promotional voucher is excluded unless the terms of the respective campaign provide otherwise.

10.9. If an order is withdrawn from or reversed, the value of a promotional voucher provided free of charge will not be paid out.

10.10. A.G.E. Elements may block promotional vouchers or refuse redemption in the event of misuse, manipulation or justified suspicion of fraud.

11 Applicable Law

11.1. The laws of the Federal Republic of Germany shall apply to all legal relationships between A.G.E. Elements and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2. In relation to consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

12 Place of Jurisdiction

12.1. If the customer is a merchant, a legal entity under public law or a special fund under public law, Paderborn shall be the exclusive place of jurisdiction for all disputes arising from or in connection with the respective contractual relationship, to the extent permitted by law.

12.2. A.G.E. Elements is also entitled to bring proceedings against the customer at the customer's general place of jurisdiction.

13 Consumer Dispute Resolution

13.1. A.G.E. Elements is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.