Operator: Spraga Portugal, Unipessoal, Lda

Registered office: 1250-038, Lisbon, Rua da Artilharia Um, 63b, Portugal

Registered number (Portuguese Commercial Registry): 517303965

VAT: PT517303965

Email: [email protected]

1. These Terms and Conditions (“Terms”) are issued in accordance with applicable German and European legislation and govern mutual rights and obligations arising from the Purchase Contract (“Contract”). The Contract is entered into with Spraga Portugal, Unipessoal, Lda („Seller”) and a natural person (“Buyer”) via the Seller’s online shop available at spraga.de (“Website”).

2. These Terms only apply to Buyers who are consumers within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).

3. The presentation of products on the Website (“Online Shop”) is directed exclusively at consumers who have their place of residence in the Federal Republic of Germany (“contract territory”) and provide a delivery address within this territory. Persons residing outside the contract territory cannot place orders via the German Website.

4. The purchase of any product in the Online Shop implies the acceptance of these Terms, which the Buyer agrees to have read and accepted in full.

5. The Contract is concluded in German language. Translations into other languages are for information purposes only. In the event of any discrepancies between the German version and any other translation, the German version shall prevail.

6. The Seller may amend these Terms and Conditions at any time. Amendments take effect upon publication on the Website and apply only to future contracts. Existing contracts remain governed by the version of the Terms in force at the time of conclusion.

7. The Buyer may access a user interface upon registration. Orders may also be placed without registration.

8. Such registration presupposes the acceptance of these Terms and is free of charges for the Buyer.

9. The Buyer is obliged to provide true and complete information and update any changes without undue delay.

10. Access to the user account is secured. The Buyer is responsible for maintaining the confidentiality of login credentials. The Buyer shall not allow third parties to use their user account.

11. Whenever the User becomes aware that their user account is being used by third parties, they must immediately notify the Seller.

12. The Seller may cancel the user account in case of prolonged inactivity (over 12 months) or breach of obligations. Availability of the user account may be interrupted due to maintenance.

13. The presentation of products in the Online Shop does not constitute a legally binding offer, but rather a non-binding invitation to submit an order (“invitatio ad offerendum”).

14.  The Buyer’s order constitutes an offer to purchase the goods.

15. To place an order, the Buyer fills in the order form, including selected goods, payment and delivery method. Before submission of the order, the Buyer may review and edit it. The Buyer places a legally binding order by clicking the button “Zahlungspflichtig bestellen” (“Order with obligation to pay”) button.

16. The technical steps leading to the conclusion of the contract are as follows: the Buyer selects goods and places them in the shopping cart, proceeds to checkout, enters the required order data, selects the payment and delivery method, reviews the order details and corrects any input errors, and submits the order by clicking the “Zahlungspflichtig bestellen” button.

17. The Seller sends the Buyer an automatic email confirming receipt of the order. This order confirmation contains the details of the order and can be printed out by the Buyer using the “Print” function. The automatic confirmation of receipt merely documents that the Buyer’s order has been received by the Seller. Such an email does not constitute a binding acceptance of the order.

18. The Contract is only concluded when the Seller sends the Buyer an order acceptance by email (order acceptance).

19. The Seller provides the Buyer with the contract text (consisting of the Buyer’s order, these Terms and Conditions, and the order acceptance) on a durable medium (such as email or printout) either as part of the order confirmation, in a separate email, or at the latest upon delivery of the goods. The contract text will be stored in compliance with data protection regulations and shall be made available to the Buyer upon request.

20.  Prior to accepting an order, the Seller reserves the right to request additional confirmation from the Buyer, particularly in cases of high value or suspicious orders. For higher value orders, the Seller may also verify Buyer’s identity.

21.  The Seller does not guarantee that the products displayed on the Website are available at the time the order is processed, as orders are processed only after receipt of payment.

22.  If any goods ordered are unavailable, or in cases of suspected fraud or system misuse, the Seller will not accept the affected order (in whole or in part). In such case, the Seller will inform the Buyer without undue delay and refund any payments received for the unavailable goods.

23. The Buyer consents to communication by electronic means, including email and PDF.

24. Images on the Website are for illustrative purposes unless stated otherwise.

25. All payments shall be made in EUR using the payment methods made available on the Website from time to time.

26.  Prices include VAT. They are valid while displayed unless individually agreed otherwise.

27. Packaging and delivery costs are calculated based on the quantity of goods ordered and are clearly displayed to the Buyer on the Website before the order is placed.

28. The Buyer must pay the purchase price and any related charges. Payment is considered complete upon crediting the Seller’s account.

29.  Unless expressly agreed otherwise, all orders require advance payment in full. Orders shall be processed and goods shall be dispatched only after full payment has been received by the Seller.

30. Discounts cannot be combined unless expressly stated.

31. Invoices shall be issued in compliance with tax regulations.

32. The Buyer may only set off claims against the Seller’s payment demands if the Buyer’s counterclaims are either undisputed or have been legally (judicially) established.
    The Buyer may also set off claims against the Seller’s payment demands if the counterclaims relate to defects in the purchased goods or arise from the same purchase contract. The Buyer is entitled to exercise a right of retention only if their counterclaim arises from the same purchase contract.

33. Due to the perishable nature of the goods, which are unpasteurised kombucha products containing live cultures, the statutory right of withdrawal does not apply to the products sold via the Website, in accordance with Section 312g (2) no. 2 BGB.

34.  Accordingly, the Buyer may cancel an order only before dispatch confirmation has been sent, as a voluntary commercial policy of the Seller.

35.  The Seller may cancel the order before dispatch in cases where performance is permanently not feasible (§ 275 BGB) for reasons not attributable to him or the Buyer previously breached contractual terms. The Seller will inform the Buyer without undue delay.

36. If an order is cancelled in accordance with this section, the Seller refunds payments to the Buyer within 14 days using the same payment method.

37. Contracts concluded via the Website obligate the Seller to deliver only within the contract territory.

38. Delivery is available only to addresses supported by the Website at the time the order is placed. The Seller does not guarantee delivery to all geographic areas, and delivery availability may change from time to time.

39. The Buyer must accept delivery to the designated address. Re-delivery or alternate delivery methods may incur additional costs. Special transport arrangements requested by the Buyer and carried out by a carrier not offered by the Seller are at the Buyer’s risk and cost.

40. The goods shall be delivered within the time indicated by the delivery company, but no later than in 30 days.

41. The Seller shall not be held liable for any delay not attributable to itself without prejudice to the Buyer’s statutory rights in case of non-delivery or excessive delay.

42. The Buyer is recommended to inspect the package upon receipt and, in case of visible damage, to take photographs, note the damage with the carrier and notify the Seller without undue delay.

43. Upon delivery, the Buyer must ensure that the goods, which are unpasteurised kombucha products containing live cultures, are stored under adequate refrigeration between +2 °C and +8 °C at all times.

44. The seller is liable for material or legal defects of delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period is two years and begins upon delivery of the goods.

45.  Any optional, voluntary Seller warranties for certain goods are in addition to the claims for material and legal defects as defined in No. 44. Details of the scope of such warranties are set out in the warranty terms that may be enclosed with the items.

46. The Seller is liable to the Buyer in all cases of contractual and non-contractual liability for intent and gross negligence by itself, its legal representatives, and its vicarious agents (“Erfüllungsgehilfen”) in accordance with the statutory provisions.

47. In all other cases of negligence – unless otherwise provided in No. 47 – the Seller is only liable for a breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the compliance with which the buyer as a customer may regularly rely (so-called cardinal duty), and this is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provision in No. 47.

48. The Seller’s liability for damages arising from injury to life, body, or health by itself, its legal representative, or vicarious agents and for claims under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

49. In accordance with Section 36 no. 1 Verbraucherstreitbeilegungsgesetz, the Seller informs that he is neither willing nor obliged to participate in dispute resolution proceedings before an Alternative Dispute Resolution (ADR) entity (“Verbraucherschlichtungsstelle”).

50. Ownership to the goods does not transfer before full payment of the purchase price is made.

51. The Seller handles consumer complaints via email at [email protected] and shall provide information regarding the handling and outcome of the complaint to the Buyer via the same email address, unless another channel is agreed.

52. The Buyer acknowledges their understanding of the risk of changes in circumstances (external events occurring after the contract is signed that put a disproportionate burden on one party and could not have been reasonably foreseen or influenced by that party), as well as the potential for non-performance by the Seller of its duties due to such a change.

53. Personal data processing complies with Regulation (EU) 2016/679 (GDPR) and Bundesdatenschutzgesetz.

54.  The Seller collects, processes, and uses the Buyer’s personal data, in particular the buyer’s contact details, for the purpose of processing the order – this includes the Buyer’s email address. This is carried out for the purpose of contract performance pursuant to Art. 6(1)(b) GDPR. Further information is provided in the Seller’s Privacy Policy (https://spraga.de/en/privacy-policy/).

55.  The Seller is the controller of the Buyer’s personal data and can be contacted at [email protected].

56. If any provision is invalid, it shall be replaced by a valid provision with similar intent.

57.  These Terms are effective from 25 May 2026, are available at https://spraga.de/en/terms-and-conditions/. They supersede the previous version of the Terms.

58. These Terms and any Contract for the sale of goods concluded under them shall be governed by German law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. The statutory provisions regarding limitations on the choice of law and the applicability of mandatory provisions, especially those of the country in which the Buyer as a consumer has their habitual residence, remain unaffected.

59.  For the resolution of any dispute that may arise from access to or use of the website, as well as from the purchase of products, the courts and tribunals of the Buyer’s domicile in Germany shall have jurisdiction. Buyer may also bring proceedings before the courts in the Member State in which the Seller has its registered office (Article 18, 17 of the regulation (EU) No 1215/2012 of the European parliament and of the Council of 12 December 2012)

Current version: 25 May 2026
Published at https://spraga.de/en/terms-and-conditions/ 25 May 2026