Vendors and Contractors:

Vital-Life Europe GmbH

Wasserkuppenstr. 25
36043 Fulda

Tel.: +49/ (0)661/ 2503250
Fax: +49/ (0)661/ 2503251
E-mail: info@vital-life.de
VAT.ID: DE 258257794
Register court: County court Fulda
Register number: HRB 5418
Managing director: Mrs. Ingeborg Klein

As of: 10/2016

§ 1 – Scope

(1) These terms and conditions of the company Vital-Life Europe GmbH (hereinafter: “Seller”), apply to all sales, deliveries and services of the Seller, which the customer buys from the Seller via the online shop. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.

(2) “Customers” are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity, which acts when concluding a legal transaction in the exercise of their independent professional or commercial activity.

§ 2 – Conclusion of contract

(1) The product offers of the seller are merely an invitation to the customer to submit a purchase offer. By completing the order process, the customer submits a binding purchase offer to the seller. Acceptance of this purchase offer by the Vendor shall only take place by means of a separate declaration of acceptance or request for payment within 48 hours of receipt of the purchase offer.

(2) The ordering process by the Customer begins by placing a product in the shopping basket. This is done via the button “Add to cart” on the product detail or product overview page. The customer can access his personal shopping cart at any time via the link “My shopping cart” in the top side menu.

In the shopping cart, the customer first has the option to change the order quantity by specifying the desired number and confirming it via the “Enter” button or to delete a product from the shopping cart via the “X” button. Furthermore, the customer can select a payment and shipping method offered by the seller. The selection is made via the respective “drop-down” menu.

By clicking on the button “Checkout”, the customer can proceed to the next step of the order process.

If the customer has already registered for the online shop of the seller, he can continue his order by entering his registered e-mail address and the corresponding password.

If the customer has not yet registered, he must first create a customer account with the seller via the button “New registration” and enter his personal data in the registration form. At the same time, the customer receives an order overview.

Any corrections to the data entered that the customer wishes to make can be made via the conventional browser function “Back” or the button “Back to Shop” via the shopping cart.

In order to be able to execute his order, the customer must further accept the General Terms and Conditions and confirm that he has taken note of the cancellation policy. This is done by activating the fields “I have read the general terms and conditions and agree to them.” and “I have taken note of the cancellation policy.”.

The customer submits the binding order for the products placed in the shopping cart via the “Buy now” button.

(3) Purchase processing and contact are carried out by e-mail with the aid of the automated purchase processing software. The customer must therefore ensure that the e-mail address provided by him for the purchase transaction is accurate, so that the correspondence can take place via this. If spam filters are used, the customer must ensure that all mails sent by the seller or its purchase processing service providers for purchase processing are received.

§ 3 – Contract Storage

In the order confirmation, the customer receives his order data, as well as the terms and conditions -customer information and the cancellation policy along with sample revocation form sent by e-mail. The text of the contract is not stored by the seller after the conclusion of the contract. Correspondingly further permanent backups of the offer must therefore be arranged by the customer (eg by screenshot).

§ 4 – Prices

The prices quoted by the seller include all price components including the respective statutory German VAT. The value added tax is shown separately. The packaging and shipping costs are shown separately with the respective product offer or via the link “Shipping” and shown.Other price components, such as further taxes, customs duties or other charges, may apply to cross-border deliveries.

§ 5 – Terms of Payment

Payments may be made as follows:

– Payment by bank transfer (prepayment)

After the purchase, the customer will be informed of the seller’s account details for payment. After crediting the payment amount to the specified account of the seller, the goods will be shipped.

– Payment by PayPal

After the ordering process the customer will be redirected to the PayPal page about which the payment to the seller is initiated by the customer. After the conclusion of the contract and after the confirmation of the payment by PayPal, the shipment of the goods takes place. The debit of the PayPal account of the customer takes place with the conclusion of the contract.

§ 6 – Delivery

(1) The delivery times specified for the products begin with the day following the day of the payment instruction of the customer to his payment service provider. Delivery shall take place at the latest within the stated delivery period. If the last day of the delivery period falls on a Saturday, Sunday or a general public holiday recognised by the state at the place of receipt, this day shall be replaced by the next working day.

(2) In the event of delivery outside Germany, the latest delivery time stated with the products shall be extended by 5 working days for deliveries within EU member states, and by 10 working days in all other cases.

§ 7– Retention of title

(1) Until the fulfilment of all claims arising from the contract, the delivered goods remain the property of the seller.

(2) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the retention of title shall also apply beyond this from the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.

§ 8 – Liability for defects

The statutory provisions shall apply.

§ 9 – Contractual language

The contractual language is German.

§ 10 – Final provisions

(1) The law of the Federal Republic of Germany shall apply.

(2) The choice of law under paragraph 1 shall apply to consumers i.S.v. § 1 paragraph 2 sentence 1 only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

(3) The rules on the UN Sales Convention do not apply.

(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of the seller, unless an exclusive place of jurisdiction is given. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode are unknown at the time the action is brought.

Note on the EU Commission’s online platform for out-of-court dispute resolution:

(as of 01.2018)

By REGULATION (EU) no. 524/2013 of 21 May 2013, the EUROPEAN PARLIAMENT and the EUROPEAN COUNCIL decided to create an internet platform to enable independent, impartial, transparent, effective, fast and fair online out-of-court dispute resolution between consumers and traders on the occasion of online sales contracts or online service contracts. Consumers can obtain more information and access to the platform via the URL https://ec.europa.eu/consumers/odr/.

Seller’s email: info@vital-life.de

As a consumer, you have a statutory right of withdrawal.

A consumer is, according to § 13 BGB (German Civil Code), any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

As a consumer, you have a statutory right of withdrawal. A consumer is according to § 13 BGB any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.

Revocation

Right of revocation

You have the right to revoke this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

In order to exercise your right of withdrawal, you must notify us

Vital-Life Europe GmbH

Wasserkuppenstr. 25
36043 Fulda
Tel.: +49/ (0)661/ 2503250
Fax: +49/ (0)661/ 2503251
E-mail: info@vital-life.de

by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the direct cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking their condition, properties and functionality.

Notes:

The right of withdrawal exists according to. § 312 g paragraph 2 BGB not in contracts:

– for the supply of goods that can spoil quickly or whose expiry date would be exceeded quickly.

An existing right of withdrawal can be exercised according to. § 312 g paragraph 2 BGB lapse in contracts:

– for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)


To:

Vital-Life Europe GmbH

Wasserkuppenstr. 25
36043 Fulda

Fax: +49/ (0)661/ 2503251

E-mail: info@vital-life.de

_______________________________

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/Received on (*)

nameof consumer(s)

inscriptionof consumer(s)

Date Signatureof consumer(s)

(only if notice is on paper)


(*) Delete as applicable.