General Terms and Conditions
12 September 2019
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between ourselves, Vitamaze GmbH, Heiligenbergstraße 17, 69121 Heidelberg, Germany, telephone number 0800-9191992, email email@example.com, recorded in the Commercial Register of the Mannheim District Court as HRB 722299, represented by the General Manager Andreas Dittmar, VAT Identification Number DE 300385539 and you as our customer. The GTC apply regardless of whether you are a consumer, contractor or trader.
(2) Any agreements entered into between you and ourselves in connection with the sales contract arise principally from these terms and conditions of sale, our written confirmation of the order and our declaration of acceptance.
(3) The version of the GTC valid at the time at which the contract is concluded is authoritative.
(4) We will not accept any deviating conditions stated by the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Conclusion of Contract
(1) The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a sales contract.
(2) You can select products from the assortment of our online shops and collect them via the button "add to cart" in a so-called shopping cart and start from there via the button "checkout" the actual order process for the goods in the shopping cart. You will then be guided through the further ordering process. Here you can choose from the offered payment methods.
(3) If we provide you with a concrete payment option for the items in the shopping cart via a payment service provider (Amazon Pay, PayPal, PayPal Express, credit card, IMMEDIATELY, Giropay etc.), the purchase contract is concluded when you conclude the corresponding payment process.
(4) If you choose the payment options "Prepayment" or "Invoice", you submit a binding purchase offer by clicking on the button "order with payment". You are bound to this order for a period of five (5) business days after placing the order; Your right under § 3 to revoke your order remains unaffected. We accept your purchase offer and the contract is concluded when we or the service provider we use ask you to pay after the order has been placed within the aforementioned deadline.
(5) We will confirm the order you have placed via our online shop immediately by email. Any such emails do not yet represent a binding acceptance of the order, unless they also declare acceptance in addition to confirming the order.
§ 3 Right of Cancellation, Cancellation Policy and Exceptions to Right of Cancellation
(1) If you are a consumer (and therefore a natural person who is submitting the order for a purpose that cannot be imputed to your commercial or professional self-employed occupation), you are entitled under the legal regulations to a right of cancellation, for which we will provide information in the following sections.
(2) Cancellation policy
Right of cancellation:
You have the right to cancel this contract within 30 days without stating any reasons.
The cancellation period is 30 days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the goods.
In order to exercise your right of cancellation, you are required to inform us, Vitamaze GmbH, Heiligenbergstraße 17, 69121 Heidelberg, Germany, telephone number 0800-9191992, email firstname.lastname@example.org, in a clear declaration (e.g. a postal letter or email) of your decision to cancel this contract. You can use the attached sample cancellation form for this purpose, although it is not compulsory. Please send the goods to our returns warehouse at the address Vitamaze GmbH, Retoure, Weberstraße 6, 69120 Heidelberg, Germany.
Sample cancellation form
If you wish to cancel the contract, please fill out this form and send it back to us.
I/we (*) ______________________ hereby cancel the contract concluded by myself/ourselves (*) for the purchase of the following goods (*)/ the performance of the following service (*): ________________________________________
Ordered on (*) / received on (*): ________________________________________
Order number / Delivery number (if available): ________________________________________
Name of customer(s): ________________________________________
Customer number (if available): ________________________________________
Address of customer(s): ________________________________________
Signature of customer(s): ________________________________________
In order to comply with the cancellation period, it is sufficient for you to send the declaration that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we must immediately reimburse you for any payments that we have received from you, inclusive of delivery costs (with the exception of any additional costs arising from the fact that you have selected a form of delivery other than the low-priced standard delivery offered by us), and no later than fourteen days after the date on which we received the declaration of your cancellation of this contract. In order to provide this refund, we will use the same means of payment that you used for the original transaction, unless another method has expressly been agreed with you; you will not under any circumstances be charged fees as a result of this refund. We are entitled to refuse the refund until the goods have been returned to us or until you have provided evidence that you have returned the goods, depending on which is the earliest date.
You must send the goods back or hand them over to us immediately and in any event no later than 30 days after the date on which you informed us of the cancellation of this contract. The cancellation deadline is deemed to have been complied with if you send the goods before the 30 day period has expired. To return the goods free of charge, a return label issued by us is required, supplied by our customer service on request (by emailing email@example.com). Please send the goods to our returns warehouse at the address Vitamaze GmbH, Retoure, Weberstraße 6, 69120 Heidelberg, Germany.
You will only be required to pay for any loss of value of the goods if this loss of value can be attributed to handling carried out by yourself that is not necessary for ascertaining the nature, characteristics and functioning of the goods.
- End of cancellation policy-
(3) The right of cancellation does not obtain, unless the parties have agreed otherwise, in the case of contracts for the delivery of goods that have not been pre-assembled and which depend essentially on an individual choice or definition provided by the customer or which are clearly tailored to the personal requirements of the customer.
(4) In the case of contracts for the delivery of sealed goods, which are not suitable for return on the grounds of health protection or hygiene, your right of cancellation will expire prematurely, unless otherwise agreed by the parties, if the goods sealing was removed after delivery.
§ 4 deleted
§ 5 Delivery Conditions and Reservation of Advance Payment / Prepayment
(1) We are entitled to make partial deliveries if this is acceptable to you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins – subject to the provision in Para. 3 – when the contract is concluded.
(3) In the case of orders from customers whose residence or place of business is located abroad or if there is substantiated evidence of a risk of non-payment, we reserve the right not to deliver until the purchase price has been received along with the delivery costs (reservation of advance payment). In the event that we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period will begin once the purchase price has been received along with the delivery costs.
(4) We cannot be held responsible for delays to deliveries and services owing to force majeure and due to exceptional and unforeseeable events, which could not have been prevented by us through our own due diligence (including in particular strikes, governmental or judicial ordinances and cases in which we receive incorrect or irregularly constituted deliveries despite a covering transaction to that effect). You grant us the right to postpone delivery for the duration of the event causing the delay.
§ 6 Prices and Delivery Costs
(1) All of the prices indicated in our online shop are gross prices inclusive of statutory VAT and are stated in addition to the delivery costs.
(2) The delivery costs are provided in our price information in our online shop. The price inclusive of VAT and any incidental delivery costs is also displayed in the order form, before you submit the order.
(3) If we fulfil your order in accordance with § 5 Para. 1 in the form of partial deliveries, you will only incur delivery costs for the first partial delivery. If the partial deliveries are made at your request, we will charge you delivery costs for each partial delivery made.
(4) If you cancel your contractual declaration effectively in accordance with § 3, according to the legal conditions, you may request the reimbursement of any costs already paid for forwarding the goods to you (dispatch costs) (cf. regarding other cancellation consequences § 3).
(5) If you should fall into arrears with your payments, we reserve the right to invoice you for any reminder charges in the amount of EUR 3.00. We reserve the right to claim for any additional damages beyond that. You retain the option of proving that no or limited damage was incurred by us.
§ 7 Payment Conditions and Offsetting and Right of Retention
(1) You can pay via Amazon Pay or via the payment service PayPal via PayPal, PayPal Express. You can also make the payment via our payment service Komfortkasse.eu with prepayment or invoice (for new customers only up to 70 euros order value available, payment target 14 days, billing and delivery address must be identical). You can also make payment via the payment service provider Stripe Inc. by credit card and INSTANT LICENSE (SOFORT ÜBERWEISUNG). We reserve the right to change the payment method after order completion.
(2) The purchase price and delivery costs fall due immediately after the contract has been concluded, unless otherwise agreed.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are uncontested. You are also entitled to offset against our claims if you assert claims for defects or counterclaims arising from the sales contract.
(4) As purchaser, you may only exercise a right of retention if your counterclaim arises from the sales contract.
§ 8 Reservation of Ownership
The goods delivered remain in our ownership until the purchase price has been paid in full.
§ 9 Warranty
(1) We accept liability for physical or legal defects of goods delivered in accordance with the applicable legal regulations, and in particular §§ 434 ff. BGB (German Commercial Code). The limitation period for legal claims for defects is two years and begins on delivery of the goods. For contractors, the warranty period for goods delivered by us is 12 months.
(2) If an insignificant defect is present, you only have the right to a reasonable reduction of the price to the exclusion of the right of withdrawal.
(3) Any seller's warranties given by us with respect to specific items or manufacturer's warranties granted by the manufacturers of specific items are supplementary to the claims for physical or legal defects within the meaning of Para. 1. The details of the scope of such warranties arise from the warranty conditions, which are enclosed with the items where applicable.
§ 10 Liability
(1) We and our legal representatives and agents accept liability towards you in all cases of contractual and non-contractual liability in the event of premeditation and gross negligence in accordance with the statutory regulations for compensation or compensation for futile expenses.
(2) In other cases, we only accept liability – unless otherwise determined by the provisions of Para. 3 – for violation of a contractual duty, the fulfilment of which is an absolute prerequisite for the proper implementation of the contract and on whose fulfilment you as customer may normally rely (known as the cardinal obligation), but limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provisions of Para. 3.
(3) Our liability for damages arising from injury to life, body or health and under the German Product Liability Act remains unaffected by the foregoing limitations to and exclusions from liability.
§ 11 Copyright
We retain copyright to any images, film and text published in our online shop. Any use of the images, film and text without our express agreement is prohibited.
§ 12 Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you have submitted the order as a customer and your habitual residence is located in another country at the time of making the order, the application of the mandatory legal provisions of this country remains unaffected by the choice of law made in Clause 1.
(2) If you are a trader and your registered office is located in Germany at the time you place the order, the exclusive place of jurisdiction will be the registered office of our company, and therefore Heidelberg. The local and international jurisdiction is otherwise governed by the applicable legal regulations.