Right of Withdrawal

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity:

Withdrawal Policy

You have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period is 30 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (SoMatEm GmbH, Zur Mühle 2, D-50226 Frechen, Germany, Tel.: 00800-74 74 96 96, Fax: 00800-41 41 63 63, E-mail: info@fair-pure.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may also use our withdrawal form for this purpose; however, this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us (SoMatEm GmbH, Zur Mühle 2, D-50226 Frechen, Germany) without undue delay and in any event no later than thirty days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the period of thirty days has expired.

We bear the 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.

Exclusion or Premature Expiry of the Right of Withdrawal

The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

General Information

1) Please avoid damage to and contamination of the goods. Please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned items 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

Return Policy for Business Customers

1. Scope

This returns policy applies exclusively to customers who, when concluding the purchase contract, act as entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. in the exercise of their commercial or independent professional activity.

2. No Statutory Right of Withdrawal for Entrepreneurs

Business customers do not have a statutory right of withdrawal under the provisions governing distance contracts applicable to consumers.

The return of defect-free goods is therefore generally excluded unless expressly agreed otherwise.

A voluntary return of defect-free goods may be accepted in individual cases subject to our prior written consent. There is no entitlement to such a return.

3. Requirements for Voluntarily Approved Returns

Where we expressly agree to the return of defect-free goods, acceptance of the return may in particular be subject to the following conditions:

• the goods are unopened, unused and complete;
• all original packaging, seals and labels are undamaged;
• the goods are in perfect condition and suitable for resale;
• the goods have been properly stored in accordance with the applicable storage and transport requirements;
• the batch identification and best-before date are fully legible; and
• the goods are returned within the period confirmed by us in the individual case.

In particular, in the case of food supplements and other products intended for consumption, we reserve the right to refuse a voluntary return if the integrity, proper storage or hygienically impeccable condition of the goods can no longer be established beyond doubt after the goods have left our sphere of control.

Returns sent to us freight collect or without prior return authorization may be rejected.

4. Return Shipping Costs for Voluntary Returns

In the case of a return of defect-free goods voluntarily approved by us, the customer shall bear the costs and transport risk of the return shipment unless otherwise agreed in the individual case.

A credit note will only be issued after the returned goods have been received and inspected.

5. Defective or Incorrectly Delivered Goods

The above provisions regarding voluntary returns do not affect the customer's statutory rights in the case of defective or incorrectly delivered goods.

If there is a material defect or defect in title, the customer's rights are governed in particular by Sections 437 et seq. of the German Civil Code (BGB). Subject to the statutory requirements, the customer may in particular request subsequent performance.

Before returning the goods, the complaint must be reported to us, stating the order or invoice number, the affected items and, where available, the batch number. In the case of visible damage or quality defects, we additionally request suitable photographs to enable faster processing.

Return shipping costs arranged by us or required for statutory subsequent performance will be borne by us in accordance with the applicable statutory provisions.

6. Duty to Inspect and Give Notice of Defects in Commercial Transactions

If the purchase constitutes a commercial transaction for both contracting parties within the meaning of the German Commercial Code (HGB), the duty to inspect and give notice of defects pursuant to Section 377 HGB applies.

The customer must inspect the goods immediately after delivery, insofar as this is feasible in the ordinary course of business, and must notify us immediately of any identifiable defects. Defects that become apparent later must be reported immediately after their discovery.

The statutory exceptions, in particular in the case of defects fraudulently concealed, remain unaffected.

7. Transport Damage

Visible transport damage should, where possible, be documented directly upon delivery with the transport service provider and reported to us without delay.

The customer's statutory rights in respect of existing defects are not restricted by this provision.

8. Exclusion of Certain Voluntary Returns

A voluntary return is excluded in particular in the case of:

• opened or unsealed food supplements;
• damaged or contaminated packaging;
• goods for which compliance with the proper storage conditions after delivery cannot be demonstrated or verified;
• individually manufactured, assembled or customer-specifically labelled goods;
• goods with impaired batch or product identification; and
• products whose remaining best-before period, following our inspection, no longer permits them to be placed on the market again.

Statutory rights in respect of defects remain unaffected.

9. Returns Procedure

Return requests must be submitted to the following contact before the goods are returned:

SoMatEm GmbH
E-mail: info@fair-pure.com
Tel.: 00800-74 74 96 96
Fax: 00800-41 41 63 63

After reviewing the request, the customer will, where applicable, receive a return authorization and the corresponding return address.

A return authorization does not constitute an acknowledgement of a defect or any other legal obligation.