These General Terms and Conditions (hereinafter "AGB") remain effective without alteration for contracts of MyCrokys. These AGB are valid from 01.12.2023 onwards.

1. Scope of application, amendment of the GTC (General Terms and Conditions)

(1) These General Terms and Conditions (hereinafter "AGB") of Maria Siouri, Tribschenstrasse 62b, 6005 Luzern, Switzerland. Email: info@mycrokys.com (hereinafter also "Provider," "MyCrokys," "we," or "us") apply exclusively to orders and deliveries to the customer (hereinafter also "you") based on these orders.

(2) MyCrokys reserves the right to amend these AGB with effect for the future, for example, due to adjustments to our offer, legal requirements, supreme court rulings, or changed market conditions. To this end, we will inform you of the intended changes in advance via electronic communication, for example, by email, at least six weeks in advance and notify you of your right to object. You agree to the changes to these AGB if you do not exercise your right to object within the deadline and continue to purchase our goods after the changes take effect. If you object to the changes to these AGB, MyCrokys reserves the right to terminate the contractual relationship.

2. Subject matter of the contract

(1) The subject matter of the contractual relationship between MyCrokys and you is the recurring provision and delivery of sweets and snacks in snack boxes. In addition, there is the option to order promotional boxes and to reorder individual products. Furthermore, you can order gift vouchers to be redeemed at MyCrokys. There is no interest or cash payment of credit from a gift voucher to you or any third party.

(2) For the details of the respective offer, reference is made to the product description, including the product image, on the offer page. The unboxing videos on the respective platforms (Instagram, Facebook, newsletters, etc.) show sample boxes and sample images of what the box contents might look like. The content is not binding, and minor deviations are reserved.

3. Conclusion of contract

(1) The customer can submit the offer using the online order form integrated into the seller's online shop. After selecting the goods placed in the virtual shopping cart, the customer truthfully completes the personal data and completes the electronic ordering process by clicking the "Buy" button, thereby submitting a legally binding contract offer regarding the goods contained in the shopping cart.

(2) Before submitting the order via the seller's online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is binding and can also be corrected there using the usual keyboard and mouse functions.

(3) By clicking the "Buy" button, you make a binding offer for the monthly purchase of the selected snack box and the underlying continuous obligation or for the purchase of individual sweets/snacks, promotional boxes, or a gift voucher.

(4) The confirmation of receipt of your order is sent by an automated email from MyCrokys. This order confirmation does not constitute an acceptance of the offer by us. We can accept the offer either by sending a binding declaration of acceptance, sending the ordered goods or the ordered gift voucher, or debiting the purchase price, or by sending a shipping confirmation. Only with the acceptance of the offer by MyCrokys does the right to delivery of the goods or the gift voucher arise. Before this point in time, MyCrokys can reject the acceptance of the offer at any time without stating reasons. The presentation of the respective goods in the online shop of MyCrokys does not constitute a legally binding offer but an non-binding online catalog that informs you about your options to submit an offer.

(5) The products sold on the website are not intended for resale or distribution. A maximum of 3 units of a single product may be purchased per transaction. We reserve the right to cancel orders and/or block accounts if we believe that products are being ordered in violation of these provisions.

(6) When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g., email or fax) after submitting their order, along with these AGB. In addition, the contract text is archived on the seller's website.

(7) The offers from MyCrokys are aimed at individuals who have reached the age of 18. If you are under 18 years old, supervision and consent of the guardian(s) is required for the use of MyCrokys' offers.

4. Notice of the customer's statutory right of withdrawal

The statutory right of withdrawal applies. We hereby inform the customer about the instruction on the statutory right of withdrawal for consumers below, following the end of the AGB.

5. Order processing and contact

(1) Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered when using spam filters.

(2) You agree to receive invoices electronically. Electronic invoices will be sent to you in PDF format by email or made available for download within your customer account. This includes all invoices arising from or in connection with the completed contract or its termination.

6. Contract Term, Contract Extension, and Termination

The contract involves recurring/monthly services. The contract is concluded for the selected term. If the contract is not terminated before the end of the term, the contract is automatically extended indefinitely. Termination is possible at any time and takes effect at the end of the selected contract term. If the contract has been extended and is terminated after the extension, the contract ends at the end of the month.

7. Prices, Shipping Costs, Return Costs

(1) All prices are final prices and include statutory VAT. After the order, the customer will receive an invoice in PDF format (see § 5 II of these terms and conditions). The transaction conditions are summarized on the invoice.

(2) MyCrokys is entitled to adjust prices during the term of the subscription contract to reflect changes in total costs. This applies to both increased and decreased total costs. Such costs may include, for example, changed production, manufacturing, delivery, or shipping costs for goods, including associated service costs for maintaining the subscription contract (e.g., provision of IT infrastructure, customer service, personnel, administration, sales, marketing, rent), as well as changes in taxes such as VAT. We will inform you of the reason and amount of the price adjustment at least one month in advance in text form, for example, by email. In the case of price increases that significantly exceed the regular increase in the cost of living, the customer has the right to terminate. This does not affect your right to terminate in accordance with § 6 of these terms and conditions.

(3) Unless otherwise stated in the order, the following flat-rate shipping costs apply per order: Germany: €0 AT: €4.49 International: €7.90. If there is a right of withdrawal and it is exercised, the customer bears the cost of return shipping.

8. Payment Terms

(1) Various payment methods are available to the customer, as indicated in the seller's online shop. The seller is entitled to use trusted third parties to process payments. No other payment methods are available to the customer than those specified when ordering. During the term of the contract, the customer must ensure that the information regarding the chosen payment method is correct and up to date.

(2) MyCrokys' claims are due immediately, regardless of any statutory right of withdrawal.

(3) When entering into a contract, the payment method you have chosen will be charged immediately before the goods or gift voucher are shipped.

(4) For further deliveries, the specified payment method will be charged continuously during the term of the contract, provided you have not paused, stopped, or terminated the contract relationship. Due to discounts and special promotions, the debited amounts may vary during the term of the contract.

(5) You must ensure that you are authorized to use the specified payment method during the term of the contract and have sufficient funds available for payment. The debit of the payment method may become visible to you a few days later than the actual debit date for technical reasons.

(6) If the collection of the claim fails due to circumstances attributable to the customer – in particular due to insufficient coverage, incorrect or invalid data, or objection – the customer is obliged to rectify the payment disruption, so that any outstanding amount can be settled in addition to any bank charges and any reminder costs incurred after the customer is in default.

(7) If the customer unjustifiably blocks the selected payment method for debits by the seller, this constitutes an abusive practice and a breach of contract, entitling the seller to terminate the contract without notice and claim damages. This also applies if the debit is not possible due to other circumstances attributable to the customer even after repeated payment requests.

(8) The lump-sum damages amount to 75% of the purchase price for all outstanding deliveries over the remaining term of the contract. The customer is allowed to prove that no damage has occurred at all or that it is significantly lower than the lump sum.

(9) If the customer has not settled the outstanding amount even after repeated payment requests, the necessary data may be forwarded to a debt collection agency commissioned by MyCrokys.

(10) When using a trustee service/payment service provider, this enables the provider and the customer to settle the payment between them. The trustee service/payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the respective trustee service/payment service provider.

9. Delivery, Delivery Conditions, Delivery Dates, Partial Deliveries, Retention of Title

(1) The specified delivery dates or delivery periods are exclusively non-binding unless expressly agreed otherwise between MyCrokys and the customer in the form of individual agreements outside the purchasing process via the website.

(2) If the purchase contract relates to a voucher, delivery will be made by email.

(3) If the provider has a permanent delivery obstacle, in particular force majeure or non-delivery by its own suppliers, even though a corresponding covering transaction was made in good time, the provider has the right to withdraw from a contract with the customer to the extent of the delivery obstacle. The customer will be informed immediately, and any services received, in particular payments, will be refunded.

(4) MyCrokys is entitled to make partial deliveries and provide partial performance at any time, provided this is reasonable for the customer.

(5) If the seller makes advance payments, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

10. Vouchers, Discounts, and Redeemable Credit

(1) Unless expressly specified deviating redemption conditions, the following conditions generally apply to the redemption of vouchers:

(2) All discounts offered by Global Treats GmbH in the course of concluding a contract apply exclusively, as is also apparent during the purchasing process and in the notification of the discount, to the first snack box in the subscription. The subsequent snack boxes in the contract will be charged at the regular price.

(3) Discounts are redeemable once per customer and cannot be combined with other discounts.

11. Warranty

(1) MyCrokys is liable without limitation for intent and gross negligence. For simple negligence, MyCrokys is only liable for damages resulting from the breach of life, body, health, or a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely).

(2) In the event of simple negligence in the breach of material contractual obligations, MyCrokys' liability is limited to the foreseeable, typically occurring damage. Otherwise, MyCrokys' liability is excluded.

(3) The above limitations of liability also apply in favor of the legal representatives and vicarious agents of MyCrokys.

12. Data Protection

Regarding data protection, explicit reference is made to the provider's data protection declaration.

13. Language, Jurisdiction, and Applicable Law

(1) The contract is drawn up in German.

(2) The further execution of the contractual relationship is in German. The law of the Federal Republic of Germany applies exclusively. This only applies to consumers insofar as no mandatory statutory provisions of the state in which the customer has his domicile or habitual residence are restricted.

(3) The place of jurisdiction is the provider's registered office for disputes with customers who are not consumers, legal entities under public law, or special funds under public law.

14. Alternative Dispute Resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG

The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our email address can be found in our imprint. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

15. Severability Clause

Should individual provisions of these terms and conditions, including this provision, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Instead of the invalid or missing provision, the respective statutory provisions shall apply.

As of: 01.12.2023