General Terms and Conditions
(GTC)
for the use of the theblood App and the purchase of products
§1 Provider and Scope
(1) The provider of the theblood App and the contractual partner for the use of the App and for products offered through the App is:
The smart period blood GmbH
Choriner Str. 3
10119 Berlin
(hereinafter referred to as "theblood")
(2) These General Terms and Conditions apply to all users of the theblood App and to all contracts for the purchase of products offered and sold through the theblood App, including physical products supplied by external partners (e.g. fenou).
(3) Any terms and conditions of the customer that deviate from these GTC shall not apply unless theblood has expressly agreed to their validity.
§2 Services and Platform Nature
(1) theblood operates a digital platform (App) for the provision of information, services, and products in the field of women's health.
(2) Through the App, users may purchase both products offered by theblood and products supplied by external providers. The respective contractual partner is identified during the ordering process.
(3) Products supplied by external partners are purchased directly from the respective partner. When selecting such products, users are redirected to the partner's online shop, where the purchase contract is concluded directly with that partner.
(4) The purchase of products from external partners is governed exclusively by the respective partner's General Terms and Conditions and Privacy Policy. This includes, but is not limited to, provisions relating to payment, delivery, shipping, returns, refunds, warranties, and customer support. For fenou products, the applicable General Terms and Conditions are available on fenou's website and during the checkout process.
§3 Conclusion of Contract
(1) The presentation of products does not constitute a binding offer but an invitation to place an order.
(2) By completing the ordering process, users submit a binding offer to purchase.
(3) For products supplied by external partners, the purchase contract is concluded directly between the customer and the respective partner in accordance with that partner's ordering process and General Terms and Conditions.
§4 Prices and Payment Terms
(1) All prices include the applicable statutory VAT and exclude shipping costs.
(2) The available payment methods are displayed during the ordering process.
(3) External payment service providers may apply additional terms and conditions.
§5 Delivery and Shipping
(1) Shipping costs, delivery times, and applicable conditions are displayed during the ordering process.
(2) The following conditions additionally apply to products supplied by external partners:
Germany: €4.90, free shipping on orders over €50
EU countries: €7.90, free shipping on orders over €70
Switzerland: €17.90 (including customs duties), free shipping on orders over €90
Delivery time within Germany is approximately 2–4 business days.
(3) Partial deliveries are permitted. Any additional costs shall be borne by the provider.
(4) If the customer fails to accept delivery, the provider may dispose of the goods elsewhere after two weeks and claim compensation for any resulting losses.
(5) In cases of force majeure or unavailability after the conclusion of the contract, the obligation to deliver shall cease.
§6 Transfer of Risk
For consumers, the risk of accidental loss or damage passes upon delivery of the goods.
For business customers, the risk passes upon handover of the goods to the shipping service provider.
§7 Retention of Title
The goods remain the property of the respective provider until full payment has been received.
§8 Right of Withdrawal
(1) Consumers are entitled to the statutory right of withdrawal.
(2) Returns are free of charge unless otherwise specified.
(3) Any returns, refunds, warranty claims, or other matters relating to products purchased from fenou must be handled directly with fenou in accordance with fenou's applicable General Terms and Conditions. Customers may contact fenou at support@fenou.de, stating that the purchase originated via the theblood App.
§9 Warranty
The statutory warranty rights shall apply.
§10 Liability
(1) theblood shall be liable in cases of intent, gross negligence, and for damages resulting from injury to life, body, or health.
(2) In cases of slight negligence, theblood shall only be liable for breaches of essential contractual obligations, and liability shall be limited to the foreseeable damage typical for the contract.
(3) For purchase contracts concluded with external partners, liability rests exclusively with the respective provider.
§11 Intellectual Property
All content of the App is protected by copyright.
§12 Data Protection
The Privacy Policy of the theblood App shall apply.
§13 Online Dispute Resolution
https://ec.europa.eu/consumers/odr
theblood does not participate in dispute resolution proceedings unless legally required to do so.
§14 Final Provisions
(1) These General Terms and Conditions shall be governed by the laws of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) To the extent permitted by law, the place of jurisdiction shall be the registered office of Smart Period Blood GmbH.
(3) The contractual language is German.
(4) Severability clause.
