Terms and conditions
General Terms and Conditions
General Terms and Conditions
Mybacs®
https://www.mybacs.com
towards entrepreneurs
General Terms and Conditions
mybacs®
https://www.mybacs.com
for consumers
1. General
1.1 Provider identification; Scope; Customer’s T&Cs
These General Terms and Conditions (“GTC”) apply to all contracts concluded between you—our customers who are at least 18 years old (hereinafter “you” or “customer(s)”)—and us, mybacs Vertriebs GmbH, represented by Managing Director Carl-Philipp von Polheim, Infanteriestraße 11a, D-80797 Munich, Germany, email: info@mybacs.com, registered with the Commercial Register of the Local Court of Munich under HRB 245239, phone: +49(0)91147558163, VAT-ID: DE321751635, via the online shop operated on our websites www.mybacs.com (our “websites”, the “online shop”). These contracts include, in particular, purchase contracts for goods offered there for one-time purchase or via regular delivery (“product subscriptions”), especially food supplements as well as supplementary merchandise such as bottles, apparel (e.g., shirts, sweaters, socks) (“goods”). Our GTC apply exclusively. We do not accept any conflicting or deviating terms and conditions from you unless we expressly agree to their validity in writing.
1.2 Customer group
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 enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.
By 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 exercise of their trade, business, or profession.
2. Conclusion of contract
2.1 Minimum order value
We may only process orders for certain goods starting from a specific minimum order value. Where applicable, you can find details in the information provided in our online shop.
2.2 Maximum order value / Exclusion of B2B orders
(1) Our online shop is aimed exclusively at consumers within the meaning of Section 13 BGB. The maximum order value per single order is €600 (incl. statutory VAT).
(2) Orders with a total value above €600 cannot be processed via the online shop. We expressly reserve the right not to accept such orders. In this case, an automatically sent order confirmation does not constitute acceptance of the offer.
(3) If the contract is nevertheless unintentionally performed (e.g., through technical acceptance or dispatch), we treat such orders as business (B2B) orders. In that case, only our separate B2B terms apply. There is no statutory right of withdrawal. Any payments already made will not be refunded.
(4) For larger orders over €600 or for business inquiries, please contact us directly at partner@mybacs.com so we can provide an individual offer.
2.3 Ordering process
The presentation and advertising of goods in our online shop is non-binding and merely an invitation to submit an offer to conclude a purchase contract (“order”) requiring our acceptance. Orders are placed exclusively by distance selling via our online shop. You can find the essential characteristics of the goods in the product descriptions. You can select goods in our online shop and place them in the cart via “Add to cart”.
2.4 Conclusion of contract
2.4.1 Checkout
(1) If you want to order the goods in your cart, click “Checkout”. On our checkout page, you can log into your existing account, check out as a guest, or create a new account (see Sec. 3). Registration is not required to order. Fields not marked “optional” are mandatory. Before submitting your order, you can correct your entries at any time using the correction tools provided. After choosing your payment and shipping method and reviewing your order, you submit a binding order for the items in your cart by clicking “Buy”.
(2) Your offer can only be submitted and transmitted to us if you tick the box agreeing to these GTC, thereby including them in your offer and confirming you have taken note of and understood the consumer withdrawal policy and our privacy notice.
(3) After clicking “Buy” you will be redirected to the selected payment service. Prepayment via supported instant payment methods does not itself conclude the contract.
(4) If we already have your payment data (i.e., you are an existing customer), you may also order or set up a subscription (Sec. 2.6) by phone or email.
2.4.2 Express checkout
Alternatively, you can complete your order directly on the checkout page by selecting a listed payment service and clicking its button (“Express Checkout”). We receive your billing and shipping details from the profile you have stored with that payment service.
2.5 Formation of the contract
(1) After successfully submitting your order, a summary appears on your screen; we also send you an automatic email acknowledgment listing your order (“order confirmation”). Both can be printed. The order confirmation only documents receipt of your order and does not constitute acceptance.
(2) The contract is concluded only upon receipt of our shipping confirmation sent by separate email (“shipping confirmation”), or at the latest upon delivery of the goods.
(3) In the order or shipping confirmation or in a separate email, but at the latest on delivery, you will receive the contract text (order plus GTC) on a durable medium (email or printout).
(4) The contract text is stored in compliance with data protection. You can view your past orders and subscription in your customer account if you registered one. Registration (Sec. 3) is not a prerequisite for ordering.
2.6 Regular deliveries (“subscriptions”)
If we offer goods not only for one-time purchase (“one-time purchase” with single delivery or—where reasonable—fastest possible partial deliveries) but alternatively as a subscription, i.e., regular delivery of identical goods (same item) over a defined period (Section 356(1) No. 1(d) BGB), the following applies.
2.6.1 Formation; delivery intervals; subscription types
(1) Under a subscription concluded pursuant to Sec. 2.4, we agree with you on delivery in the interval you select (e.g., 30/90/180 days) with the quantity/dosage/fill amount we offer for that interval.
(2) Your subscription and interval start on the date of your order.
(3) If you wish to be supplied with additional items alongside an existing subscription, a separate additional subscription with its own interval is formed for the further item(s).
2.6.2 Payment and termination
(1) If you opt for a subscription, you pay when we deliver the subscribed goods; we charge your chosen payment method at each interval.
(2) Our subscriptions have no minimum term; after the first delivery you may cancel with four (4) days’ notice to the next interval via the online cancellation function, by email to customer support and/or by phone. If you do not cancel in time, it automatically renews for the selected interval.
2.7 Contract language
The contract is concluded in German.
3. Customer account
3.1 Registration
You can register a customer account you manage yourself. You must provide complete and accurate information. Your account is non-transferable. You may not create more than one account or rent/lend it. There is no entitlement to registration.
3.2 Access data
You are solely responsible for the security and confidentiality of your access data (especially the password). If unauthorized parties become aware of them, you must change them immediately. We accept no liability for damages related to theft, your disclosure of access data, or granting third-party access, where not attributable to us. Inform us immediately of any unauthorized use.
3.3 Deactivation
You may request deactivation by emailing customer service. Deactivation cannot be undone. Any payment obligations existing at the time remain unaffected.
4. Consumer right of withdrawal
You generally have a statutory right of withdrawal for distance contracts; we inform you below (Sec. 4.1) following the statutory model. Exceptions are set out in Sec. 4.2. Sec. 4.3 contains the model withdrawal form.
4.1 Withdrawal instructions
For one-time purchases, the 14-day period starts on receipt of the goods or the last partial delivery (Section 356(2) No. 1(b) BGB). For regular delivery of identical goods under a subscription, it starts on receipt of the first goods (Section 356(2) No. 1(d) BGB).
4.1.1 One-time purchase – withdrawal instructions
(1) Right of withdrawal – You have the right to withdraw from this contract within 14 days without giving reasons. The period is 14 days from the day you or a third party named by you (not the carrier) took possession of the last item. To exercise your right, you must inform us (mybacs Vertriebs GmbH, Infanteriestraße 11a, D-80797 Munich, email: info@mybacs.com, phone: +49(0)91147558163) of your decision to withdraw by a clear statement (e.g., letter, fax, or email). You may use the attached model withdrawal form, but it is not mandatory. Timely dispatch before the period expires suffices.
(2) Effects of withdrawal – If you withdraw, we must refund all payments received from you, including delivery costs (except additional costs for a type of delivery other than the least expensive standard delivery offered), without undue delay and no later than 14 days from the day we received your notification. We use the same means of payment used by you unless otherwise agreed; no fees for the refund. We may withhold the refund until we have received the goods back or you have supplied proof of return, whichever is earlier. You must return the goods without undue delay and in any event within 14 days from informing us. You bear the direct costs of return. You are only liable for any diminished value resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
4.1.2 Regular deliveries – withdrawal instructions
(1) Right of withdrawal – You may withdraw within 14 days from the day you or a third party named by you (not the carrier) took possession of the first (identical) goods. Notify: mybacs Vertriebs GmbH, Infanteriestraße 11a, D-80797 Munich, email: info[at]mybacs.com, phone: +49(0)91147558163, by a clear statement (letter, fax, email). Use of the model form is optional. Timely dispatch suffices.
(2) Effects of withdrawal – Same as above for one-time purchases.
4.2 Exclusion of the right of withdrawal
No right of withdrawal exists in the following cases:
4.2.1 Sealed health/hygiene products
No withdrawal for delivery of sealed goods not suitable for return for health protection or hygiene reasons once unsealed after delivery.
4.2.2 Customized/personalized goods
No withdrawal for goods not prefabricated and made to the consumer’s specifications or clearly tailored to personal needs.
4.2.3 Perishable/short shelf-life goods
No withdrawal for goods that can perish quickly or have a quickly expiring date.
4.2.4 Orders over €600 (B2B)
As set out in Sec. 2.2, orders over €600 cannot be processed via the shop and, if unintentionally performed, are treated as B2B. No consumer withdrawal right applies, and no refund of payments already made.
4.3 Model withdrawal form
We inform you of the model withdrawal form as follows:
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
4.4 Voluntary 30-day return option for apparel
(1) Without prejudice to your statutory rights (especially withdrawal), we offer a voluntary 30-day return option for apparel.
(2) You must notify us within 30 calendar days of receipt; return shipment should then be made within a reasonable period (deemed met if dispatched by day 35 after receipt). We bear the return shipping costs.
(3) Apparel may only have been tried on as in a store and must be in corresponding condition.
(4) Excessive wear, soiling, or damage may lead to compensation for loss of value (Section 357(7) BGB).
(5) This voluntary option applies only to apparel and does not affect your statutory rights.
5. Payment terms
5.1 Prices
All prices in the online shop include applicable VAT.
5.2 Shipping costs
Shipping costs may apply in addition to product prices; see our current shipping overview.
5.3 Payment processing
You can pay as follows:
5.3.1 One-time purchases
PayPal, credit card (Visa, Mastercard, American Express), Klarna, Klarna Instant, Apple Pay, Google Pay, Shop Pay, UnionPay, MobilePay, EPS, Bancontact.
5.3.2 Subscriptions
(1) PayPal, credit card (Visa, Mastercard, Maestro, American Express), Apple Pay, Google Pay, Shop Pay.
(2) For subscriptions we charge your chosen payment method for the first delivery upon ordering and for each subsequent interval no earlier than four (4) days before delivery.
5.3.3 Changing your payment method
You may change your selected payment method for future one-time purchases and the next subscription interval (at least four days in the future) in your account, if you registered one.
5.4 Payment methods in detail
Further information on payment methods can be found here.
5.5 Due date
(1) Payment for one-time purchases is due immediately upon ordering; for subscriptions, four (4) days before each interval delivery. Your payment method is charged at the respective due date.
(2) Statutory default interest applies if you are in default. We reserve the right to claim higher damages; you may prove lower damages.
5.6 Vouchers
If we grant discounts/coupons/vouchers or benefits (together “vouchers”) at our discretion, they can be redeemed under the following: one-time use; one voucher per order; potential minimum order values may apply (as indicated). Percentage or fixed-amount vouchers reduce your invoice (for subscriptions possibly pro-rated per interval). Any amount exceeding the invoice value expires; no cash payout. If the voucher provides tangible items (e.g., samples, gifts), they are supplied with your first order and only while stocks last.
5.7 Money-back guarantee – Food supplements
Without prejudice to your statutory rights (including the 14-day withdrawal and warranty), we offer a voluntary money-back guarantee on food supplements under these conditions:
(1) You can test for 60 days risk-free—we cover return shipping costs. If not satisfied, contact us within 60 days of receipt and follow steps a)–c) (email support@mybacs.com, subject “Geld-zurück-Garantie”, include order number and reason; support replies within 24h on business days; upon approval you receive a link for return label; please return unopened goods).
(2) Eligible cases include intolerance/discomfort; no noticeable effect after longer use.
(3) Exclusions include: lost goods; no reason provided; return value under €20; more than 60 days between request and receipt; repeated orders—applies only to the first two orders (one-time or subscription) for the same SKU if you contact us within 60 days.
6. Delivery
6.1 Delivery restrictions
Delivery is by shipping. We deliver only to addresses within the European Union. No delivery to P.O. boxes.
6.2 Delivery times
(1) Provided prior payment (except invoice purchase):
(a) One-time purchase: from order time.
(b) Subscriptions: first delivery as per (a); subsequent deliveries at agreed intervals ± 2 business days (Mon–Sat, excluding German public holidays).
(2) If no (different) delivery time is shown for the goods, delivery is 1–7 business days within Germany; 2–10 business days within the EU.
6.3 Partial deliveries
(1) We may make partial deliveries only if reasonable for you.
(2) Regular subscription deliveries are not considered partial deliveries as such.
7. Warranty; Guarantee; Retention of title
(1) We are liable for material defects in accordance with statutory provisions. An additional guarantee (e.g., regarding quality) exists only if expressly stated in the order confirmation for the item. We do not provide any guarantee regarding the effects of our goods.
(2) See Sec. 5.7 for the money-back guarantee.
(3) Goods remain our property until paid in full.
8. Liability
8.1 Limitation of liability
Your claims for damages are excluded. Excluded from this are claims for damages based on injury to life, body, or health, or for breach of essential contractual obligations (“cardinal duties”), and liability for other damages based on intentional or grossly negligent breach by us, our legal representatives, or agents. Essential contractual obligations are those whose fulfillment enables proper performance of the contract. Mandatory statutory liability (e.g., Product Liability Act) remains unaffected.
8.2 Breach of essential obligations
In the event of a breach of essential obligations due to simple negligence, our liability is limited to the typical foreseeable damage, unless claims involve injury to life, body, or health.
8.3 Legal representatives and agents
The limitations in Secs. 8.1 and 8.2 also apply in favor of our legal representatives and agents if claims are asserted directly against them.
9. Miscellaneous
9.1 Copyright
All images, photos, films, and texts published in our online shop are protected by copyright. Use is not permitted without prior written consent of the rights holder.
9.2 Supplementary terms for website use
Use of our websites is additionally subject to the following terms of use. Do not use our websites if you do not accept them. By using our websites, a free-of-charge usage agreement is formed. Continuous, uninterrupted, error-free availability cannot be guaranteed with current technology. We are therefore not liable for constant, uninterrupted, error-free availability. Disruptions or maintenance can restrict or interrupt use. Where we can influence interruptions (e.g., maintenance), we endeavor to keep them as short as possible. Best use is via PC/web browser with DSL or equivalent connection; other devices may limit functions/display. We assume no responsibility for data security outside our control or data loss risk during internet transmission.
9.3 Applicable law
The version of our GTC current at the time of contract and German law apply. The UN Convention on Contracts for the International Sale of Goods does not apply. Statutory provisions regarding limitation of choice of law and application of mandatory consumer protection of the state of your habitual residence remain unaffected.
9.4 Place of jurisdiction
If you have no residence in Germany or your habitual residence is unknown at the time of filing suit, our registered office is the exclusive place of jurisdiction for all disputes arising 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. Our email address can be found in Sec. 1.1 or the legal notice on our websites.
Version of these GTC: July 2025