Algemene voorwaarden

Last Updated: 20 July 2025

OVERVIEW

Welcome to GutMi. The terms “GutMi,” “we,” “us,” and “our” refer to the contracting entity identified in Section 24 (Contact Information). These Terms of Service (the “Terms”) together with any policies expressly incorporated by reference (collectively, the “Agreement”) govern your access to and use of our website, online store, mobile experiences, and related features, tools, products, and services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AN ARBITRATION / GOVERNING LAW CLAUSE (AS APPLICABLE), AND WAIVERS OF CERTAIN RIGHTS. BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

1. ELIGIBILITY; ACCOUNTS

1.1 Age & Capacity. By using the Services, you represent that (a) you are at least the age of majority in your jurisdiction of residence, and (b) you have capacity to enter into this Agreement. If you permit a minor dependent to use a device you own or control to access the Services, you accept responsibility for that dependent’s use. 1.2 Account Information. You may be asked to create an account and provide certain information (e.g., name, email, billing and shipping details, payment information). You agree that all information you provide will be true, accurate, current, and complete, and you will promptly update it as needed. We may suspend or terminate your account if any information is inaccurate, incomplete, or misleading. 1.3 Security. You are solely responsible for safeguarding your account credentials and for all activities conducted under your account. Do not share your credentials. Notify us immediately of any actual or suspected unauthorized use or security breach. 1.4 Non‑Transferability. You may not assign, sell, license, or otherwise transfer your account.

2. PRODUCTS & CONTENT

2.1 Product Information. We attempt to display products, features, and prices as accurately as possible. Displayed colors or details may vary due to device or settings. Packaging and minor design details may differ from images. 2.2 No Guarantee. We do not warrant that any product description, image, specification, or other content is error‑free, complete, or fully current. If a product you purchase is not as described, your sole remedy is to return it in unused condition in accordance with our Return / Refund Policy. 2.3 Changes. All product descriptions, availability, and pricing are subject to change at any time without notice. We reserve the right to discontinue or limit any product or service, and to restrict quantities for any reason (including to one household, account, payment card, or order).

3. ORDERS; ACCEPTANCE

3.1 Offers. Your order is an offer to purchase the items listed. We may accept or reject any order for any lawful reason. Acceptance occurs only when we send an explicit order confirmation (not merely an automated receipt of order submission) and have successfully processed payment authorization. 3.2 Review. Please review your order carefully before submitting. Once accepted, cancellation or modification requests may not be possible; if accommodated, we may do so in our discretion. 3.3 If We Cancel. If we cancel an order after you have been charged, we will refund the full amount to the original payment method. 3.4 Personal Use Only. You represent and warrant that items are purchased solely for personal or household use, not for resale, distribution, or export in violation of applicable laws. We may refuse or cancel orders that appear to be intended for unauthorized resale or bulk procurement.

4. PRICING; BILLING

4.1 Prices. Prices (and any promotions or discounts) are subject to change without notice until acceptance of an order. The price charged will be the price shown at the time you submit your order, plus applicable taxes, duties, shipping, handling, and import charges unless otherwise indicated. 4.2 Errors. We reserve the right to correct pricing or other errors, even after an order has been submitted or accepted, and (where required by law) will give you the option to reconfirm or cancel. 4.3 Payment Information. By providing payment information, you represent and warrant that you are authorized to use the chosen payment method; that the information is true and complete; and that charges incurred will be honored by the payment provider. You authorize us (and our payment processors) to charge your payment method for the total order amount (including applicable taxes, shipping, and fees). 4.4 Currency & Taxes. Charges will be processed in the currency displayed at checkout. You are responsible for any additional bank fees, currency conversion charges, customs, or import duties.

5. SHIPPING; RISK OF LOSS

5.1 Delivery Estimates. Any indicated shipping or delivery dates are estimates only and not guaranteed. We are not liable for carrier delays, customs inspection, force majeure, or events beyond our reasonable control. 5.2 Risk Transfer. Title and risk of loss pass to you when we or our fulfillment partner transfer the products to the carrier. You are responsible for filing any claims with carriers for lost, damaged, or mis‑delivered shipments.

6. RETURNS & REFUNDS

Returns, exchanges, or refunds are governed solely by our then‑current Refund / Return Policy, which is incorporated by reference. Please consult that policy before making a purchase.

7. INTELLECTUAL PROPERTY

7.1 Ownership. The Services and all associated content— including text, graphics, logos, icons, images, audio, video, data compilations, interfaces, software, and the selection and arrangement thereof— are owned by or licensed to GutMi and are protected by applicable intellectual property and unfair competition laws. 7.2 Limited License. Subject to compliance with these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Services for personal, non‑commercial purposes. All rights not expressly granted are reserved. 7.3 Restrictions. You may not reproduce, distribute, modify, create derivative works, publicly display, perform, republish, download (except for page caching or where expressly permitted), store, or transmit any content without our prior written consent. 7.4 Trademarks. GUTMI and any related names, logos, product/service names, designs, and slogans are trademarks of GutMi or its licensors. You may not use them without prior written permission. Other marks are the property of their respective owners.

8. OPTIONAL TOOLS & THIRD-PARTY SERVICES

8.1 Third-Party Tools. We may provide access to third‑party tools or integrations that we do not control. Your use of such tools is entirely at your own risk and discretion and may be subject to additional third‑party terms. 8.2 No Warranty. We provide such optional tools “as is” and “as available,” without warranties or endorsements. 8.3 New Features. Any new features or services added in the future are subject to these Terms unless stated otherwise.

9. THIRD-PARTY LINKS & CONTENT

The Services may contain links to, or embed content from, third‑party websites or resources. We are not responsible for examining or evaluating, and do not warrant, the offerings, content, or accuracy of any third‑party materials. Accessing third‑party sites is at your own risk. Review third‑party policies before engaging in any transaction. Complaints or claims regarding third‑party products or services must be directed to the relevant third party.

10. PRIVACY

Your submission of personal information via the Services is governed by our Privacy Policy (link provided where the Services present it). That policy explains how we collect, use, and share personal information and your rights. By using the Services you acknowledge that you have reviewed the Privacy Policy.

11. FEEDBACK & USER CONTENT

11.1 License. If you submit, upload, post, email, transmit, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant GutMi a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty‑free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such Feedback in any media for any lawful purpose. 11.2 Representations. You represent and warrant that: (a) you own or control all rights in and to the Feedback; (b) the Feedback is accurate and not misleading; (c) your submission complies with all applicable laws and these Terms; and (d) you have disclosed any material connections (e.g. incentives) in accordance with applicable advertising disclosure rules. 11.3 Monitoring. We may (but are not obligated to) monitor, edit, refuse to post, or remove any Feedback that we determine in our sole discretion violates these Terms or is otherwise objectionable. 11.4 No Obligation. We are under no obligation: (a) to maintain Feedback in confidence; (b) to pay compensation; or (c) to respond.

12. ERRORS, INACCURACIES & OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions (e.g., relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability). We reserve the right to correct such errors and to change or update information or cancel orders if any information is inaccurate, without prior notice (including after you submit an order), subject to applicable law.

13. PROHIBITED USES

You agree not to misuse the Services. Without limitation, you will not (and will not permit others to): (a) use the Services for any unlawful purpose; (b) violate any applicable law or regulation; (c) infringe intellectual property or other rights; (d) harass, abuse, defame, threaten, or intimidate; (e) submit false, fraudulent, or misleading information; (f) upload malicious code or compromise security; (g) send unauthorized advertising (spam, chain letters, etc.); (h) impersonate any person or entity; (i) data mine, scrape, crawl, or use automated means not expressly permitted; (j) circumvent, disable, or interfere with security or access controls; (k) attempt to gain unauthorized access to accounts, systems, or networks; or (l) engage in any conduct that, in our judgment, restricts or inhibits anyone’s use or enjoyment of the Services or may expose us or others to liability.

14. SUSPENSION & TERMINATION

We may suspend, restrict, or terminate your access to all or any part of the Services at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful. Upon termination, your license to use the Services ceases immediately, but sections that by their nature should survive (including, without limitation, Sections 7, 11, 12, 13, 16–23) shall continue in effect.

15. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED IN A WRITTEN WARRANTY PROVIDED WITH A PRODUCT, THE SERVICES AND ALL PRODUCTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR‑FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME LIMITATIONS MAY NOT APPLY.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUTMI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO GUTMI IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) EUR 50. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT LEGALLY BE EXCLUDED.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless GutMi and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or third‑party right; or (c) your Feedback or misuse of the Services. We will provide prompt notice of any claim (failure to do so only relieving you to the extent materially prejudiced) and may assume control of the defense at your expense. You agree to reasonably cooperate.

18. SEVERABILITY

If any provision of these Terms is held unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

19. WAIVER

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under these Terms shall not constitute a waiver.

20. ENTIRE AGREEMENT

These Terms, together with any policies or documents expressly incorporated by reference (including the Privacy Policy and Refund / Return Policy), constitute the entire agreement between you and GutMi regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

21. ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this section is void. We may assign these Terms without restriction, including to a successor in interest (e.g., in connection with a merger, acquisition, or asset sale).

22. GOVERNING LAW & JURISDICTION

Unless mandatory law provides otherwise, this Agreement and any disputes arising out of or relating to it or the Services shall be governed by the laws of Germany (excluding its conflict of laws rules). You submit to the non‑exclusive jurisdiction of the competent courts at the seat of GutMi, Paderborn, Germany, for the resolution of any dispute not subject to alternative dispute resolution or mandatory consumer venue protections.

23. CHANGES TO THESE TERMS

You can review the most current version of the Terms at any time on the Services. We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by posting a notice on the site or sending an email) and indicate the “Last Updated” date. Changes become effective on the stated effective date. Continued use of the Services after changes become effective constitutes acceptance.

24. CONTACT INFORMATION

Questions about these Terms should be sent to: team@mygutmi.com.

Company: GutMi
Address: PO Box 2602, 33056 Paderborn, Germany
Phone: 030 23255914
Email: team@mygutmi.com
VAT ID (Section 27a UStG): DE304745699
Person Responsible for Content (§ 55 II RStV): Sarah Böttger, PO Box 2602, 33056 Paderborn, Germany