Elena VelcinschiIndependent Herbalife coach
Schurbungertweg 10, 8302 Kloten044 554 91 91kontakt@healthy-meals.ch
Delivery within 3 working days Free shipping from CHF 69.90 100% genuine Herbalife 30-day guarantee Secure payment – TWINT & card Personal advice

Terms and conditions

  • Scope
  • Conclusion of contract
  • Right of withdrawal
  • Prices and payment terms
  • Delivery and shipping terms
  • Retention of title
  • Liability for defects (warranty)
  • Liability
  • Redemption of promotional vouchers
  • Redemption of gift vouchers
  • Applicable law
  • Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (the “T&Cs”) of Elena Velcinschi, trading as Healthy-Meals.ch (the “Seller”), apply to all contracts for the supply of goods concluded between a consumer or a business (the “Customer”) and the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.

1.2 These T&Cs apply accordingly to contracts for the supply of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly attributable neither to their commercial nor to their self-employed professional activity.

1.4 A business within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by email or via the online contact form.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after they have placed their order.

If several of the above alternatives apply, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or — if the Customer does not have a PayPal account — subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby already declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before submitting the order in a binding manner via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges what is shown on screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 German and English are available for the conclusion of the contract.

2.8 If the payment method credit card or TWINT is selected, payment is processed by the payment service provider Zahls.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's notice of withdrawal.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. VAT is not shown separately, as the Seller is a small business within the meaning of the German VAT Act (UStG).

4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also arise where the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address given in the Seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of outbound shipping if the Customer effectively exercises their right of withdrawal. Where the Customer effectively exercises their right of withdrawal, the provision set out in the Seller's notice of withdrawal applies to the return shipping costs.

5.3 If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the Customer or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to itself. This applies only where the failure to deliver is not the Seller's responsibility and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed without delay and the consideration refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:
– by email

6) Retention of title

6.1 Vis-à-vis consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2 Vis-à-vis businesses, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as a business, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer assigns to the Seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including VAT). This assignment applies irrespective of whether the goods subject to retention of title have been resold without or after processing. The Customer remains authorised to collect the claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations towards the Seller, is not in default of payment and no application has been made to open insolvency proceedings.

7) Liability for defects (warranty)

Unless otherwise stated in the provisions below, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the Customer acts as a business,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • for used goods, rights and claims in respect of defects are excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

  • to claims by the Customer for damages and reimbursement of expenses,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods which have been used for a building in accordance with their normal use and have caused its defectiveness,
  • to any obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 In addition, for businesses, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine the goods and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are asked to report goods delivered with obvious transport damage to the delivery agent and to inform the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory claims, including tortious claims, as follows:

8.1 The Seller is liable without limitation on any legal ground

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • on the basis of a promise of guarantee, unless otherwise stipulated in this respect,
  • on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless liability is unlimited pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 In all other respects, the Seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (“promotional vouchers”) can only be redeemed in the Seller's online shop and only within the stated period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion, where a corresponding restriction arises from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.8 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if the Customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is grossly negligent in not having knowledge, of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased via the Seller's online shop (“gift vouchers”) can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit is credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is grossly negligent in not having knowledge, of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

11) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

This is a translation for your convenience. The German version is the authoritative one.