Terms of service

Terms and Conditions

Magic Milk Germany

Last updated: 06.05.26


Overview

Welcome to Magic Milk Germany.

The terms “we”, “us” and “our” refer to Magic Milk Germany.

Magic Milk Germany operates this online shop and this website, including all related information, content, functions, tools, products and services, in order to provide you as a customer with an individual shopping experience.

Our shop is based on Shopify. Shopify provides the technical platform through which we can offer our products and services to you.

The following Terms and Conditions, together with the policies referred to herein, describe your rights and obligations when using our website, our online shop and our services.

Please read these Terms and Conditions carefully. They contain important information regarding orders, pre-orders, delivery times, returns, cancellations, payment disputes, warranty, liability and further legal bases.

By visiting, using or purchasing through our website, you agree to these Terms and Conditions and our Privacy Policy.

If you do not agree to these Terms and Conditions or our Privacy Policy, you may not use our website, our shop or our services.


Section 1 – Access, Account and Customer Data

(1) By using our services, you declare that you are of legal age and legally capable, or that you are acting with the consent of a legal representative.

(2) In order to use our online shop or purchase our products, certain information may be required, in particular:

  • Name
  • Email address
  • Phone number
  • Billing address
  • Delivery address
  • Payment information
  • Order information

(3) You confirm that all information provided by you is complete, correct, current and truthful.

(4) The customer is obliged to provide correct delivery address, email address and phone number in particular. Incorrect, incomplete or unreachable information may lead to delays, returns, failed deliveries or additional costs.

(5) If additional costs arise due to incorrect customer data, in particular return shipping costs, renewed shipping costs, processing fees or storage costs, these may be charged to the customer or offset against refund amounts, to the extent permitted by law.

(6) You alone are responsible for the security of your login details and for all activities carried out through your customer account. Transferring, sharing, selling or unauthorized use of a customer account is prohibited.


Section 2 – Our Products

(1) We make every effort to display our products, product images, descriptions, colors, packaging and information in the online shop as accurately as possible.

(2) Deviations in color, display or visual appearance may occur due to screen settings, devices, lighting conditions or technical representations and do not constitute a defect, provided that the delivered goods substantially correspond to the contractually agreed quality.

(3) Product descriptions, product images, availability, prices and content may be updated, adjusted or removed at any time.

(4) We reserve the right to remove products from our range at any time, limit quantities or refuse deliveries in certain cases, to the extent permitted by law.

(5) Unless expressly stated otherwise, our products are intended for the customer’s personal use and not for commercial resale, unauthorized distribution or export.

(6) Our products are not medicinal products. Information regarding use, ingredients or recommendations is for general product information only and does not replace medical advice.


Section 3 – Orders and Conclusion of Contract

(1) By placing an order, the customer submits a binding offer to conclude a purchase contract.

(2) The purchase contract is concluded once we accept the order, in particular by order confirmation, payment acceptance, shipping confirmation or transfer into the shipping process.

(3) Upon completion of the order, a purchase contract is concluded in accordance with Section 433 of the German Civil Code (BGB). The seller is obliged to deliver the goods and transfer ownership. The buyer is obliged to pay the purchase price and accept the purchased goods.

(4) A prerequisite for processing and accepting an order is, in particular, the successful receipt or authorization of payment.

(5) Please check your order carefully before completing it. After acceptance of the order, changes or cancellation requests may no longer be considered depending on the processing status.

(6) We reserve the right to reject, adjust or cancel orders, in particular in cases of:

  • obvious pricing or system errors
  • failed payment
  • suspicion of misuse
  • suspicion of commercial resale
  • incorrect or incomplete information
  • lack of availability
  • violation of these Terms and Conditions

(7) If an order is not accepted, changed or cancelled, we will, where possible, inform the customer via the email address, phone number or billing address provided with the order.


Section 3A – Pre-Orders / Pre-Order / Reservations

(1) Products that are marked in the online shop as “Pre-Order”, “Preorder”, “Reservation” or similarly are not ready for immediate dispatch at the time of purchase.

(2) The indication of a pre-order is clearly displayed before completion of the purchase process, in particular in the product area, shopping cart, checkout or directly before payment.

(3) By completing the order, the customer expressly confirms that they are placing a pre-order and accepts the conditions applicable to it.

(4) Pre-orders are part of our internal security, inspection and reservation system. Among other things, the following processes may be carried out:

  • Quality checks
  • Originality checks
  • Security approvals
  • Batch inspections
  • Warehouse allocations
  • Approval procedures
  • Import and customs checks
  • Shipping approvals
  • internal documentation and control processes

(5) These inspection and security measures serve in particular to protect against counterfeit, manipulated or unauthorized products which, according to our knowledge, may partly be present on the European market.

(6) Counterfeit or manipulated products may significantly differ in composition, ingredients, quality, storage or origin and may therefore involve possible health risks, intolerances or unwanted side effects.

(7) According to our own statement, we work directly with authorized partner structures as well as with the manufacturer and distribute only original, inspected and controlled goods.

(8) The delivery time for pre-orders is usually approx. 4–8 working days. Depending on availability, production processes, import routes, customs clearance, security checks, quality checks, high demand or logistical processes, processing may also take 10–14 working days or longer.

(9) Delivery delays due to:

  • high demand
  • production processes
  • inspection and security processes
  • import and customs checks
  • warehouse processes
  • delays caused by shipping providers
  • international transport routes
  • technical system processes

do not automatically constitute a material defect within the meaning of Section 434 BGB and do not automatically entitle the customer to immediate cancellation, refund or compensation claims.

(10) Cancellation of pre-orders before shipping is generally excluded if the goods have already been individually reserved, scheduled or included in internal processing, inspection, approval or shipping processes.

(11) Depending on the processing status, the seller may voluntarily offer alternative solutions, in particular:

  • Product change
  • Exchange for available goods
  • Partial shipment
  • alternative variants
  • individual adjustment of the order

There is no entitlement to a specific alternative solution.

(12) The statutory right of withdrawal remains unaffected and applies after receipt of the goods in accordance with the statutory provisions for distance contracts, in particular pursuant to Sections 312g and 355 BGB, unless a statutory exclusion applies.

(13) Customers are informed about relevant processing, shipping or tracking information automatically by email, SMS or other communication channels provided.

(14) The customer is obliged to provide the correct email address, phone number and delivery address and to regularly check their messages and spam folder.

(15) In addition, the general statutory provisions of German contract and civil law apply, in particular Sections 241, 280, 312g, 355, 433 and 434 BGB.


Section 3B – Return & Cancellation Center

(1) For requests regarding:

  • Cancellations
  • Refunds
  • Returns
  • Order changes
  • Exchange
  • Payment disputes
  • Refusal of acceptance

our official Return & Cancellation Center must generally be used:

Submit return & cancellation request here

(2) The customer is obliged to complete the request fully, correctly and truthfully.

(3) Only through the Return & Cancellation Center can a correct assignment, review and processing of the request take place.

(4) Incomplete, incorrect or contradictory information may delay processing or may result in a request not being fully reviewed.

(5) Submitting a request does not constitute automatic approval of a cancellation, refund, return or any other change.

(6) Each request is reviewed based on the respective order status, payment status, shipping status, processing status, the Terms and Conditions and the applicable legal provisions.

(7) In the case of pre-orders, it is reviewed in particular whether the order is already in reservation, inspection, approval, preparation, handover to shipping or the shipping process.

(8) Intentionally false, misleading or abusive information within requests, payment disputes, refund requests or other matters may be legally pursued and forwarded to payment service providers, platforms, review bodies or competent authorities.


Section 4 – Prices, Payment and Invoicing

(1) All prices, discounts, shipping costs and special offers may be changed without prior notice.

(2) The applicable price is the price displayed at the time of ordering in the checkout and confirmed in the order confirmation.

(3) Unless expressly stated otherwise, prices include statutory VAT where applicable.

(4) Shipping costs, processing fees, customs fees, import duties or other additional costs may apply separately and are displayed in the checkout or during the order process where charged by us.

(5) For deliveries outside Germany or outside the European Union, additional costs may arise, in particular:

  • Customs fees
  • Import VAT
  • Import duties
  • Processing fees of external service providers

These costs are borne by the customer, to the extent permitted by law and unless expressly stated otherwise.

(6) The customer undertakes to provide complete and correct payment and billing information.

(7) The customer confirms that they are authorized to use the selected payment method.

(8) Payment reversals, chargebacks or buyer protection cases without prior clarification through our Return & Cancellation Center may be reviewed and disputed within the legal possibilities.

(9) In the event of breaches of duty arising from the contractual relationship, damages or additional costs incurred may be claimed in accordance with Section 280 BGB, provided that the legal requirements are met.


Section 5 – Shipping and Delivery

(1) Delivery is made to the delivery address provided by the customer during the order process.

(2) The customer is obliged to provide a complete and correct delivery address.

(3) We accept no liability for deliveries to incorrect, incomplete or unreachable addresses, provided that the customer is responsible for the error.

(4) All stated delivery times are non-binding estimates unless a binding delivery date has been expressly promised.

(5) Delays caused by shipping providers, customs processing, official measures, force majeure, technical system disruptions or other events outside our sphere of influence are not our responsibility.

(6) Shipping is carried out by shipping providers selected by us.

(7) Once the goods have been handed over to the shipping provider, the customer usually receives a shipping confirmation and a tracking number.

(8) After handover to the shipping provider, it may take 24–48 hours for the first tracking updates to become visible due to system processing.

(9) After handover to the shipping provider, changes to the delivery address or cancellations are generally no longer possible.

(10) The transfer of risk is governed by the statutory provisions.


Section 5A – Proof of Delivery and Delivery Confirmation

(1) Delivery is deemed to have taken place once the shipment is marked as delivered according to the shipping provider’s tracking information, unless contrary evidence exists.

(2) This applies in particular in the case of:

  • handover to the customer
  • handover to household members
  • handover to neighbors
  • delivery to parcel shops
  • delivery to pickup stations
  • documented drop-off at the agreed location
  • delivery pursuant to a drop-off authorization

(3) Electronically recorded delivery information from the shipping provider, in particular delivery status, timestamp, delivery location, drop-off location or signature, may be used as proof of delivery.

(4) The customer agrees that these delivery records may be used in the event of payment disputes, buyer protection cases, chargebacks, disputes or legal proceedings.


Section 5B – Customer Cooperation Obligation

(1) The customer is obliged to cooperate in the delivery of the goods.

(2) This includes in particular:

  • providing a correct delivery address
  • providing a reachable email address
  • providing a reachable phone number, where required
  • regularly checking shipment tracking
  • accepting the shipment
  • timely collection from parcel shops or pickup stations
  • cooperation in case of delivery problems

(3) If the customer fails to comply with this cooperation obligation, we are not liable for resulting delays or problems, provided these are attributable to the customer.

(4) If additional costs arise due to lack of cooperation, these may be charged to the customer or offset against refunds, to the extent permitted by law.


Section 5C – Undeliverable Shipments

(1) If a shipment cannot be delivered due to circumstances attributable to the customer, we reserve the right to charge the customer for the resulting costs.

(2) This applies in particular in cases of:

  • incorrect address
  • incomplete address
  • unreachable delivery address
  • refusal of acceptance
  • non-collection
  • lack of cooperation
  • incorrect phone number or email address
  • failed delivery due to customer fault

(3) Possible costs include in particular:

  • return shipping costs
  • renewed shipping costs
  • processing fees
  • storage costs
  • return handling fees
  • costs of external shipping providers

Section 5D – Partial Deliveries

(1) We reserve the right to ship orders in partial deliveries where this is necessary for faster, safer or more efficient processing and is reasonable for the customer.

(2) Partial deliveries may occur in particular for pre-orders, high demand, international shipments or different product availability.

(3) The customer will be informed about relevant shipping information where technically possible.


Section 5E – Shipment Tracking

(1) Once an order has been shipped, the customer usually receives a tracking number by email, SMS or through the respective system.

(2) The customer is obliged to check the shipment tracking independently.

(3) In case of irregularities, in particular delivery attempt, storage in a parcel shop, address issue or return shipment, the customer must cooperate appropriately.


Section 5F – Liability for Shipping Providers

(1) Shipping is carried out through external service providers whose internal processes we cannot directly influence.

(2) We accept no liability for delays, misrouting, delivery problems or other service disruptions of the shipping provider, to the extent permitted by law and provided that we are not responsible for the cause.

(3) Claims of the customer against the shipping provider remain unaffected.


Section 5G – Refusal of Acceptance

(1) An unjustified refusal of acceptance or deliberate non-acceptance of an order that has already been shipped does not replace a regular cancellation.

(2) Pursuant to Section 433 Paragraph 2 BGB, the buyer is generally obliged to pay the purchase price and accept the purchased goods.

(3) If additional costs arise due to refusal of acceptance, non-collection or return handling, these may be charged to the customer or offset against refund amounts, to the extent permitted by law.

(4) This includes in particular:

  • shipping costs
  • return shipping costs
  • processing fees
  • return handling fees
  • storage costs
  • renewed shipping costs
  • fees of external service providers

(5) For international shipments or special shipping methods, return handling and processing costs may be higher.


Section 6 – Returns, Withdrawal and Refunds

(1) The statutory right of withdrawal for consumers remains unaffected.

(2) For distance contracts, the statutory provisions pursuant to Sections 312g and 355 BGB apply in particular, unless a statutory exclusion applies.

(3) The withdrawal period and the exact conditions are governed by our Withdrawal Policy.

(4) Returns must be registered in advance via our official Return & Cancellation Center:

Request return, refund or cancellation here

(5) A return without prior registration may delay processing or make correct assignment more difficult.

(6) Returns may be subject to costs depending on the destination country, shipping provider, reason for return and selected return solution.

(7) When using a return label provided by us, costs of up to €15 or more may arise, in particular for:

  • return label
  • shipping costs
  • processing effort
  • inspection of the returned goods
  • storage and restocking processes
  • external service provider costs

(8) Return shipping costs are borne by the customer, to the extent permitted by law and unless otherwise stated in the Withdrawal Policy or return process.

(9) Refunds are made after inspection of the returned goods and assignment to the order.

(10) Shipping, return shipping, processing or additional costs already incurred may be offset against refund amounts, to the extent permitted by law.

(11) For hygiene reasons, opened, damaged, used or unsealed products may be excluded from return, provided the statutory requirements are met.


Section 7 – Payment Disputes, Chargebacks and Buyer Protection

(1) Before opening a chargeback, buyer protection case, payment dispute or payment reversal, our official Return & Cancellation Center must first be used:

Have payment case, refund or cancellation reviewed here

(2) We expressly ask customers to wait for a review by our support team.

(3) Unjustified payment disputes, chargebacks, buyer protection cases or abusive payment reversals despite a properly marked order, accepted Terms and Conditions, services rendered or documented shipping may be reviewed and disputed within the legal possibilities.

(4) In the event of breaches of duty arising from an existing contractual relationship, damages or additional costs incurred may be claimed pursuant to Section 280 BGB, provided that the legal requirements are met.

(5) We reserve the right to use order records, checkout logs, payment data, shipping data, tracking data, proof of delivery, communication histories, request information and system logs for review, defense or forwarding to payment service providers, platforms, review bodies or competent authorities.

(6) Intentionally false, misleading or abusive information may have legal consequences.


Section 8 – Documentation and Evidence

(1) For the proper processing, protection and review of orders, we document relevant system and communication processes.

(2) This includes in particular:

  • order times
  • payment status
  • checkout notices
  • acceptance of Terms and Conditions
  • shipping status
  • tracking data
  • proof of delivery
  • request information
  • return requests
  • communication histories
  • support requests
  • processing status
  • system logs

(3) This evidence may be used for:

  • processing customer inquiries
  • reviewing returns
  • reviewing cancellation requests
  • clarifying payment disputes
  • defending against unjustified chargebacks
  • communication with payment service providers
  • legal review
  • internal documentation

(4) The customer is obliged to provide all information completely, correctly and truthfully.


Section 9 – Intellectual Property

(1) Our website, shop, texts, product descriptions, images, graphics, designs, videos, audio files, trademarks, logos, product names, slogans, concepts and other content are the property of Magic Milk Germany, affiliated rights holders or licensors.

(2) This content is protected by copyright, trademark law and other intellectual property rights.

(3) The use of our services is permitted only for personal, non-commercial purposes.

(4) Without our prior written consent, it is prohibited to:

  • copy
  • reproduce
  • distribute
  • modify
  • store
  • republish
  • use for own shops
  • use for third-party advertising
  • commercially exploit
  • use as a template for own product pages or offers

(5) Violations of our rights may be legally pursued.

(6) All rights not expressly granted remain reserved.


Section 10 – Optional Tools and AI Agent

(1) Optional tools, chat functions, centers or AI-supported services may be provided on our website.

(2) Our AI agent can support customers with general questions, especially regarding:

  • products
  • usage
  • ingredients
  • recommendations
  • delivery times
  • order status
  • collections
  • general information

(3) The AI agent is located at the bottom left of our website.

(4) The use of the AI agent does not replace legal, medical or individual advice.

(5) For binding matters such as cancellations, returns, refunds, payment disputes or order changes, the Return & Cancellation Center must still be used exclusively:

Open Return & Cancellation Center

(6) We may also use tools from third-party providers. These are provided “as available”. Their use may also be subject to the terms of the respective third-party providers.


Section 11 – Third-Party Links

(1) Our services may contain links or references to third-party websites, services or content.

(2) We are not responsible for the content, accuracy, security or availability of external websites.

(3) Access to external websites is at your own risk.

(4) Complaints, claims or questions regarding third-party products, services or content must be directed to the respective provider.


Section 12 – Relationship with Shopify

(1) Our shop is technically operated via Shopify.

(2) Shopify provides the platform through which we offer our products and services.

(3) However, all sales and purchases take place directly between the customer and Magic Milk Germany – Mertorhan Avci.

(4) Shopify is not the contracting party of the customer with regard to the purchase of our products.

(5) Shopify is not liable for claims, damages or losses arising from orders, products, deliveries or other transactions with Magic Milk Germany, to the extent permitted by law.


Section 13 – Privacy

(1) The processing of personal data is carried out in accordance with our Privacy Policy.

(2) Our Privacy Policy is available via the following link:

Open Privacy Policy

(3) Since our shop is operated via Shopify, personal data may also be processed by Shopify.

(4) Further information on the processing of personal data can be found in our Privacy Policy and, where applicable, in the privacy notices of Shopify and other service providers used.


Section 14 – Feedback, Reviews and Customer Content

(1) If customers submit feedback, reviews, images, videos, messages, suggestions or other content, they confirm that they are authorized to do so.

(2) The customer confirms that their content does not infringe any third-party rights, in particular copyrights, trademark rights, personal rights or data protection rights.

(3) We may use feedback and reviews within the legal possibilities to improve, display and promote our services.

(4) We reserve the right to remove or not publish content if it is unlawful, offensive, misleading, abusive, untrue or rights-infringing.

(5) The customer is solely responsible for the accuracy and legality of the content they submit.


Section 15 – Errors, Inaccuracies and Omissions

(1) Information on our website may contain errors, inaccuracies or omissions.

(2) This may concern in particular:

  • product descriptions
  • prices
  • discounts
  • availability
  • delivery times
  • shipping costs
  • promotions
  • technical information

(3) We reserve the right to correct errors at any time, update information or cancel orders, to the extent permitted by law.

(4) Obvious pricing or system errors do not create a claim to delivery at the incorrect price.


Section 16 – Prohibited Uses

(1) The use of our services is permitted only for lawful purposes.

(2) In particular, the following is prohibited:

  • unlawful use
  • abusive use
  • submission of false or misleading information
  • infringement of intellectual property rights
  • harassment, insult or threat against employees
  • phishing, spam, scraping or automated data collection
  • technical attacks
  • circumvention of security features
  • use for unauthorized resale
  • manipulation of centers, reviews or payment disputes

(3) In the event of a violation of these conditions, we reserve the right to block accounts, reject orders, initiate legal steps or inform competent authorities.


Section 17 – Termination of the Contractual Relationship

(1) We may restrict or terminate access to our services if a customer violates these Terms and Conditions or uses our services abusively.

(2) Payment obligations already incurred remain unaffected.

(3) Provisions that by their nature are intended to continue shall remain in effect after termination, in particular provisions regarding intellectual property, liability, privacy, payment disputes, documentation, indemnification and applicable law.


Section 18 – Warranty

(1) The statutory warranty rights apply.

(2) The quality of the goods is determined by the product description, statutory requirements and the contractually agreed characteristics.

(3) Delays in pre-orders due to inspection, security, import, customs, warehouse or shipping processes do not automatically constitute a material defect within the meaning of Section 434 BGB.

(4) Minor visual deviations, packaging adjustments or production-related differences do not constitute a defect, provided the goods correspond in function, quality and essential characteristics to the contractually agreed quality.

(5) Warranty claims do not exist for damage caused by improper use, incorrect storage, manipulation, external influence or use contrary to the instructions.


Section 19 – Limitation of Liability

(1) We are fully liable for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by us, our legal representatives or vicarious agents.

(2) We are also fully liable in cases of intent and gross negligence.

(3) In the event of slightly negligent breach of essential contractual obligations, we are liable only for the typical, foreseeable damage.

(4) Any further liability is excluded to the extent permitted by law.

(5) Liability under mandatory statutory provisions remains unaffected.

(6) We are not liable for delays or service disruptions outside our sphere of influence, in particular caused by:

  • shipping providers
  • customs authorities
  • international transport
  • force majeure
  • official measures
  • technical disruptions of external systems
  • payment service providers
  • Shopify or third-party providers

provided that we are not responsible for these circumstances.


Section 20 – Indemnification and Reimbursement of Costs

(1) The customer undertakes to indemnify us against damages, claims, costs or third-party claims arising from a culpable violation by the customer of these Terms and Conditions, statutory provisions or third-party rights.

(2) This applies in particular in cases of:

  • false information
  • abusive payment disputes
  • unjustified chargebacks
  • infringement of intellectual property rights
  • unlawful reviews or content
  • abusive use of our services

(3) If additional costs arise for us due to a breach of duty by the customer, these may be claimed in accordance with the statutory provisions, in particular Section 280 BGB.


Section 21 – Severability Clause

(1) If any provision of these Terms and Conditions is wholly or partially invalid, unlawful or unenforceable, the validity of the remaining provisions shall remain unaffected.

(2) The statutory provisions shall apply in place of the invalid provision.


Section 22 – Waiver, Interpretation and Entire Agreement

(1) Failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right.

(2) These Terms and Conditions and the policies referred to herein form the basis for the use of our services and orders.

(3) Ambiguities in the interpretation of these Terms and Conditions shall not automatically be interpreted against the user of the terms, to the extent permitted by law.


Section 23 – Assignment

(1) The customer may not assign or transfer rights or obligations arising from the contractual relationship without our prior written consent.

(2) We may transfer rights and obligations to the extent permitted by law and provided that legitimate interests of the customer do not conflict.


Section 24 – Applicable Law and Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) For consumers, this choice of law applies only insofar as it does not deprive the consumer of mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Magic Milk Germany, to the extent permitted by law.

(4) For consumers, the statutory places of jurisdiction apply.


Section 25 – Headings

The headings in these Terms and Conditions are for convenience only and do not affect the legal interpretation.


Section 26 – Changes to the Terms and Conditions

(1) The current version of these Terms and Conditions is available on our website at any time.

(2) We reserve the right to amend these Terms and Conditions where necessary, in particular in the event of changes to the legal situation, technical processes, payment processes, shipping processes or our services.

(3) For orders already concluded, the Terms and Conditions included at the time of the order generally apply, unless otherwise provided by law.


Section 27 – Contact Information

For questions regarding these Terms and Conditions or general support, please contact:

Magic Milk Germany – Mertorhan Avci
Email: info@magicmilk.de
Support: support@magicmilk.de
Phone / WhatsApp: +49 15565408252

Return, Refund & Cancellation Matters:
return@magicmilk.de

Complaints Regarding Damaged, Wrong, Missing or Duplicate Goods:
reklamation@magicmilk.de

Official Return & Cancellation Center:
Submit return & cancellation request here