General Terms and Conditions

1. 1.These Terms apply to all business relationships between Gebrüder Grüske GmbH, Im Stöckig 121, 90765 Fürth, represented by managing director Werner Grüske (hereinafter “Seller”), and its customers (hereinafter “Customer”).
2. 2.A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 of the German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the exercise of their trade, business, or profession (§ 14 BGB).
3. 3.Against entrepreneurs, these Terms apply exclusively; conflicting, deviating, or supplementary terms of the Customer shall only become part of the contract if the Seller has expressly agreed to their applicability in writing.
4. 4.The version of the Terms in force at the time the contract is concluded shall apply.

Your contracting party is Gebrüder Grüske GmbH, Im Stöckig 121, 90765 Fürth, Germany. Authorized to represent the company is managing director Werner Grüske. Registered in the commercial register of Local Court Fürth under HRB 1398. VAT ID: DE132495806.

You can reach us by phone at +49 177 6314613 and by email at [email protected]. Further information about the provider can be found in the imprint at https://whirlbiotic.com/impressum.

The language available for concluding the contract is German. Translations into other languages, in particular English, are provided for informational purposes only. In the event of any discrepancies, the German version of these Terms prevails.

The presentation of products in the online shop does not constitute a legally binding offer but is an invitation to submit an order (invitatio ad offerendum).

Technical steps of contract conclusion

1. 1.Select the desired product and add it to your shopping cart via the “Add to cart” button.
2. 2.In the cart, you can change the quantity or remove products.
3. 3.Click “Checkout” to proceed to the ordering process, where you enter your delivery and billing details.
4. 4.Then choose your preferred payment method.
5. 5.On the order summary page you can review all entries.
6. 6.By clicking “Buy now” (“Zahlungspflichtig bestellen”), you submit a binding offer to conclude a purchase contract.
7. 7.We will acknowledge receipt of your order by email without delay. This acknowledgment does not yet constitute acceptance of your offer.

The purchase contract is concluded when we accept your order by way of an express order confirmation in text form or by dispatching the ordered goods. The contract content is determined by the Seller’s order confirmation together with these Terms.

Before submitting your order, you may correct your entries at any time using your browser’s “Back” button or the edit functions in the cart and order summary, or cancel the ordering process entirely by closing the browser window. By clicking “Buy now”, the order is submitted bindingly.

We store the contract text (order data, Terms, and withdrawal instructions) and send it to you together with the order confirmation by email. The currently applicable Terms can be accessed, printed, and saved at any time at https://whirlbiotic.com/agb. Orders placed via a customer account can also be retrieved there.

1. 1.All prices displayed in the online shop are final prices in euros and — unless expressly stated otherwise — include the applicable statutory VAT.
2. 2.Shipping costs may apply in addition to the product prices. Within Germany, shipping costs amount to a flat rate of EUR 5.00 per order. From an order quantity of 2 liters onwards, shipping within Germany is free.
3. 3.For deliveries within the EU, additional shipping costs are shown in the order summary before you submit your binding order.
4. 4.Shipping costs are clearly communicated to you before you submit the order.

Only towards entrepreneurs

We offer the following payment methods. The payment methods available to you specifically will be shown during the ordering process.

• Credit and debit card (via Stripe)
• Apple Pay (via Stripe)
• Google Pay (via Stripe)
• Klarna (via Stripe)
• PayPal

For orders placed by consumers, the purchase price is due immediately upon conclusion of the contract and is paid in advance via the payment service provider you have chosen. SEPA direct debit is currently not offered.

Only towards entrepreneurs

1. 1.Shipping is carried out via DHL. Delivery is made to the delivery address provided by you during the ordering process.
2. 2.Unless otherwise stated during the ordering process, delivery within Germany takes 1–3 business days from receipt of payment. Deliveries within the EU generally take 3–7 business days.
3. 3.Delays in delivery and performance due to force majeure and to events that significantly hinder or prevent delivery by the Seller (e.g., strike, lockout, official orders, energy and raw material shortages, transport disruptions, pandemics) shall extend the delivery period to a reasonable extent, even if they occur at upstream suppliers.
4. 4.Partial deliveries are permissible insofar as they are reasonable for the Customer. Any additional costs incurred shall be borne by the Seller.

In contracts with consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the consumer only upon handover of the goods (§ 446 sentence 1, § 475 (2) BGB).

Only towards entrepreneurs

The delivered goods remain the property of the Seller until full payment of the purchase price.

Only towards entrepreneurs

Consumers have a statutory right of withdrawal. The full withdrawal instructions and the model withdrawal form can be found at https://whirlbiotic.com/widerruf.

Note on sealed hygiene products: The right of withdrawal expires for goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery (§ 312g (2) no. 3 BGB). Due to their biologically active content, this also applies to WhirlBiotic bottles once the original seal has been removed.

1. 1.Statutory warranty rights apply. The limitation period for claims based on material defects of newly manufactured goods is two years from handover of the goods (§ 438 (1) no. 3 BGB).
2. 2.In case of a defect, you have the right to demand, at your choice, subsequent performance by way of remedying the defect or delivery of defect-free goods (§ 439 BGB).
3. 3.Any manufacturer warranty applies in addition to the statutory warranty rights and does not restrict them.

1. 1.The statutory warranty provisions apply unless otherwise agreed below.
2. 2.The entrepreneur must inspect the goods immediately upon receipt and report any defects in writing without delay, at the latest within the periods set out in § 377 of the German Commercial Code (HGB). Otherwise, the goods are deemed approved.
3. 3.In the case of justified notices of defect, the Seller shall, at its option, provide subsequent performance by remedying the defect or by replacement delivery.
4. 4.Goods sold in the manufacturer’s original packaging are covered in this packaging by the respective manufacturer’s warranty commitments.

In addition to the statutory right of withdrawal (§ 12 of these Terms) and independent of any warranty claims, the Seller offers the following voluntary return option. This policy does not restrict or replace the statutory right of withdrawal.

1. 1.A voluntary return of sold liquids is only possible if the bottles can be clearly identified as unopened, i.e., the original closures and seals are intact.
2. 2.The return is only possible within 14 days from the date of delivery.
3. 3.Opened, damaged, or improperly sealed containers are excluded from the voluntary return policy.
4. 4.Returns under this voluntary return policy are made at the Customer’s cost and risk, unless a defect within the meaning of statutory provisions exists.

1. 1.The Customer is obliged to comply with the prescribed storage requirements to preserve any manufacturer warranty. The applicable storage requirements result from the product information, the safety data sheet, and the manufacturer’s information on the packaging.
2. 2.Non-compliance with the storage requirements may void any manufacturer warranty. Statutory warranty rights remain unaffected, insofar as the defect is not attributable to improper storage.

1. 1.The Seller is liable without limitation for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty, as well as for damages covered by liability under the German Product Liability Act.
2. 2.For other damages, the Seller is liable only in the case of intent, gross negligence, and breach of essential contractual obligations (cardinal obligations). In the case of simple negligence, liability is limited to typical, foreseeable damage.
3. 3.Liability is otherwise excluded, regardless of the legal basis.

The Seller collects, processes, and uses the Customer’s personal data exclusively within the framework of the applicable law, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Further information on data processing can be found in the separate privacy policy at https://whirlbiotic.com/datenschutz.

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr, which consumers can use for complaints.

Our email address for consumer inquiries is: [email protected].

The Seller is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 (1) no. 1 VSBG).

1. 1.The law of the Federal Republic of Germany applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers who have their habitual residence in another country, the statutory protection afforded by mandatory provisions of the country of habitual residence remains unaffected.
2. 2.Should individual provisions of these Terms be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall not be affected. The statutory provisions shall apply in place of the invalid or unenforceable provision.

Only towards entrepreneurs