Terms and conditions

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) 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. Standard delivery times are as follows:

Our products are shipped daily (Monday-Friday) and delivered within 48-72 hours if the order is placed by 09.00 am. As the merchandise requires no refrigeration, it can be received at any delivery address. The delivery will take place Monday-Friday 8am to 7pm.

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. Our prices are “free home” prices, i.e. they include all applicable shipping and delivery charges.

V Payment, Delay

1. Payment can be made in advance via bank transfer, credit card 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.

VI Warranty and Liability

1. 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.

2. In case of justified complaints, purchase price will be refunded.

3. 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.

4. The supplier assumes no liability for defects and damages caused by improper handling and storage by the customer.

VII 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.

XIII Jurisdiction and Corporate Data

Jurisdiction is our head office 10439 Berlin. Only the law of the Federal Republic of Germany applies.

Açaí GmbH

Schönhauser Allee 97

10439 Berlin

VAT ID: DE225757605

HRB 100 036 B District Court Charlottenburg (Berlin)