Special Terms and Conditions for the Mitte Water Subscription

Contracting party: Sodabär EU Inh. Daniel Bär e.K., Grünstr. 12, 79232 March, Germany.

These terms apply to new Mitte Water Subscriptions entered into on or after the effective date specified on publication. They do not automatically amend existing contracts.

1. Scope and contractual documents

These Special Terms and Conditions apply to Mitte Water Subscriptions entered into through Mitte.co. They supplement our General Terms and Conditions (GTC). In case of conflict, these Special Terms and Conditions prevail for the relevant subscription.

The individual subscription is also governed by the plan features, prices shown at checkout and the contract confirmation. Nothing in these terms excludes any statutory right of the customer.

2. Subscription services and starter kit

The subscription includes temporary use of a refurbished, previously used Mitte Home device (refurbished rental device) and recurring deliveries of Mitte Balance filter cartridges in accordance with the selected plan. The rental device is not new and may show normal cosmetic signs of previous use. Statutory rights relating to defects remain unaffected.

The starter kit generally contains one refurbished Mitte Home rental device, one Mitte Balance filter cartridge, one CO2 cylinder provided on loan and the number and type of drinking bottles specified in the relevant plan. The items and delivery intervals displayed at checkout are binding.

For standard plans, cartridges are supplied every six months for plan S, every three months for plan M, every two months for plan L and every month for the Business plan. Individual variations may apply if expressly stated at checkout.

Additional CO2 refills, exchange cylinders and accessories not included in the plan are not covered by the monthly fee unless expressly stated otherwise in the selected offer. Such items are charged separately if ordered.

3. Conclusion of contract, commencement and minimum term

The contract is concluded upon completion of the online order in accordance with the provisions on contract conclusion set out in our GTC.

The paid period of use and the twelve-month minimum subscription term begin when the customer actually receives the Mitte Home starter kit. Where stock is normally available, delivery is expected within approximately three working days of receipt of the order; actual delivery times may differ.

The voluntary 30-day trial period under Section 5 is included within these twelve months. It does not extend the minimum term. Unless the subscription is ended during the trial or otherwise lawfully terminated, the customer is generally committed to a total of twelve months of use.

A separate notice confirming the delivery date is not required in order for the term to begin. The relevant date is actual receipt of the starter kit, not an assumed or estimated delivery date. The end of the minimum term can be calculated from that date.

4. Subscription price, introductory fee and payments

The introductory fee for the first month of use is EUR 9.99 including applicable VAT, as shown at checkout. This amount is charged when the order is placed and credited towards the first month of use.

From the second month of use, the regular monthly price disclosed at the time of conclusion of the contract for the selected plan applies. The next payment is generally due one calendar month after delivery, followed by monthly payments.

For an unchanged plan, the total price of the twelve-month minimum term consists of EUR 9.99 for the first month plus eleven regular monthly fees. The individual regular fee and resulting total amount are shown separately before ordering and stated in the contract confirmation.

The payment methods and terms displayed at checkout apply. Additional services are charged only if separately agreed. The provider will not make unilateral price changes without a contractual or statutory basis.

5. Voluntary 30-day trial period

The customer may end the Mitte Water Subscription early within 30 calendar days of delivery of the starter kit without giving reasons. An unambiguous notice received through one of the available termination or contact channels within the period is sufficient.

If the customer requests termination at the earliest possible date during the trial, we will treat this as an exercise of the early trial termination right unless the customer clearly requests otherwise.

Valid termination during the trial ends the obligation to pay future subscription fees. Where termination is based solely on the voluntary trial right, the introductory EUR 9.99 is generally retained by the provider as consideration for the first month of use.

If calendar-month billing results in amounts already collected for periods after valid trial termination, they will be adjusted or refunded.

The statutory right of withdrawal, mandatory rights to refunds and other non-excludable rights always take precedence over the provision retaining EUR 9.99.

6. Ordinary termination and continuation

The customer may give notice of ordinary termination at any time. Unless the voluntary trial right applies, a notice given before the end of the twelve-month minimum term generally takes effect at the end of that minimum term.

If the subscription is not terminated at the end of the minimum term, it continues indefinitely. The customer may then terminate it at any time by giving one month’s notice. No new minimum commitment arises.

Termination may be submitted through the legally required cancellation facility on Mitte.co, in text form by email to support@mitte.co or by any other legally permitted means. Use of the statutory website cancellation facility does not require a customer account login.

The customer receives confirmation of receipt and the scheduled termination date. Statutory rights of extraordinary termination for good cause remain unaffected.

Any prepaid fees relating to periods after the effective termination date will be reconciled in accordance with applicable law.

7. Statutory right of withdrawal

Consumers have a statutory right of withdrawal where the legal conditions are met. The applicable period, its start date, the procedure and consequences are governed by law and the separate withdrawal instructions applicable to the subscription.

The voluntary trial right in Section 5 is independent of that statutory right. A valid statutory withdrawal will not be treated merely as voluntary trial termination. A refund owed by law cannot be refused solely on the basis that the introductory price was EUR 9.99.

Any claim for compensation for diminished value is subject strictly to the applicable statutory requirements. Statutory rules on returns and refunds in a withdrawal scenario prevail over conflicting provisions in these terms.

8. Ownership and use of the items

The refurbished Mitte Home device and the CO2 cylinder included in the starter kit are provided on loan and remain the property of the provider. Recurring subscription payments do not transfer ownership of these loan items.

Filter cartridges are consumables. Drinking bottles supplied in the starter kit are not loan items unless the specific plan expressly states otherwise. The Mitte Home device and the CO2 cylinder provided with the starter kit must be returned at the end of the subscription in accordance with Section 11.

Any acquisition of the device requires a separate agreement on the applicable conditions.

9. Proper use and defects

The rental device must be used in accordance with its operating, maintenance and safety instructions. Safety-related damage or malfunctions should be reported promptly to customer support. Unauthorised technical modifications are prohibited.

The customer retains all applicable statutory rights in respect of defects. To the extent the provider is obliged to remedy a defect, it will do so as required by law, for example by repair or by providing a suitable replacement device.

Normal wear and tear resulting from proper use is not damage for which the customer must compensate the provider. Any claim for damages is subject to the relevant statutory requirements.

10. Filter deliveries and CO2 reorders

Filter cartridges are delivered at the intervals agreed for the selected plan. The manufacturer’s maintenance and replacement instructions continue to apply; additional cartridges can be ordered separately if needed.

CO2 refills or exchange cylinders can be ordered separately through the available shop or Smart Refills service. The terms agreed for such orders govern any associated cylinder return or exchange.

11. Return of the device and CO2 cylinder

After the subscription has legally ended, the customer must return the refurbished Mitte Home rental device and the CO2 cylinder supplied with the starter kit, unless ownership has validly transferred under a separate agreement. Both items must generally be sent back within 14 calendar days after the effective end of the contract, subject to any mandatory statutory requirements.

The provider supplies appropriate return shipping labels and the necessary packaging and shipping instructions and pays the costs of properly returning the Mitte Home device and the CO2 cylinder in accordance with these instructions.

The CO2 cylinder must be returned only in accordance with the separate dangerous goods and return instructions provided by the provider. Those instructions determine whether the device and cylinder are to be shipped together or in separate parcels.

If the device or CO2 cylinder is not returned despite a valid return obligation, the provider may demand its return and, where the statutory requirements are met, compensation for continued retention or proven losses. These terms do not establish a fixed non-return fee. Normal wear resulting from proper use and ordinary reconditioning of a returned refurbished device are not charged separately.

12. Changes to the plan

At the customer’s request, an upgrade to an available higher-tier subscription plan is possible at any time during the subscription. The new plan services and price must be expressly agreed. A downgrade to a plan with fewer monthly services or a lower monthly fee is not offered within the same existing subscription.

Before an upgrade takes effect, the new services, monthly price and delivery intervals will be disclosed. An upgrade neither changes the original start date nor extends the existing minimum subscription term; in particular, it does not begin a new twelve-month commitment. Statutory termination rights remain unaffected.

13. Purchase options under eligible plans

Where the selected plan provides for a purchase option after 24 months, the conditions disclosed in the individual offer or a separate option agreement apply, including the purchase price or a binding calculation method, the relevant date and the procedure for exercising the option.

Ownership of the Mitte Home device never transfers automatically. Purchase requires valid exercise of an individually agreed option or a separate sales agreement.

14. Customer support and other terms

For questions regarding the subscription, defects, termination or returns, please contact support@mitte.co or +49 (0) 7665 9689746.

Our GTC apply in addition to these Special Terms and Conditions unless otherwise provided here. Non-excludable consumer rights and other mandatory statutory provisions remain fully effective.