Provider and contractor:

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
Registration number: HRB 5418
Managing Directorin: Frau Ingeborg Klein

Status: 10/2016

§ 1 – Scope of application

(1) These terms and conditions of Vital-Life Europe GmbH (hereinafter referred to as the “Seller”) shall apply to all sales, deliveries and services of the Seller purchased by the Customer from the Seller via the online shop. The inclusion of the customer’s terms and conditions is objected to 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 which can predominantly be attributed neither to his commercial nor to his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 – Conclusion of contract

(1) The Seller’s product offers merely constitute 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 shopping cart” on the product detail or product overview page. The customer can access his or her 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 by pressing the “Enter” button or to delete a product from the shopping cart by pressing 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 “Checkout” button, the customer can proceed to the next step of the order process.

If the Customer has already registered for the Seller’s online shop, 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 by clicking on the button “New registration” and enter his personal data in the registration form. At the same time, the customer will receive 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 basket.

In order to be able to carry out his order, the customer must also accept the General Terms and Conditions and confirm that he has read and understood 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 places the binding order for the products placed in the shopping basket by clicking the “Buy now” button.

(3) Purchase processing and contacting shall take place 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/her for the purchase transaction is correct so that correspondence can take place via this. If spam filters are used, the customer must ensure that all e-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 general terms and conditions – customer information and the cancellation policy together with the model cancellation form by e-mail. The text of the contract shall not be stored by the Seller after conclusion of the contract. Correspondingly further permanent backups of the offer must therefore be arranged by the customer himself (e.g. by screenshot).

§ 4 – Prices

The prices quoted by the Seller include all price components including the respective statutory German value added tax. The value added tax is shown separately. The packaging and shipping costs will be shown separately in the respective product offer or via the “Shipping” link. Other price components, such as further taxes, customs duties or other charges, may be incurred in the case of cross-border deliveries.

§ 5 – Terms of payment

Payments can be made as follows:

– Payment by bank transfer (advance payment).

After the purchase, the customer will be informed of the seller’s account details for payment. The goods will be dispatched after the payment amount has been credited to the Seller’s account.

– Payment via PayPal

After the order process, the customer will be redirected to the PayPal page where the payment to the seller will be initiated by the customer. After the contract has been concluded and the payment has been confirmed by PayPal, the goods are dispatched. The debit of the customer’s PayPal account takes place upon conclusion of the contract.

§ 6 – Delivery

(1) The delivery times stated for the products shall commence on the day following the day on which the customer instructs his payment service provider to make the payment. Delivery shall take place within the stated delivery period at the latest. If the last day of the delivery period falls on a Saturday, Sunday or a 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 a delivery outside Germany, the latest delivery date stated for the products shall be extended by 5 working days for deliveries within the EU member states, otherwise by 10 working days.

§ 7- Retention of title

(1) Until all claims arising from the contract have been met, the goods delivered shall 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 current business relationship until settlement of all claims to which the Vendor is entitled in connection with the contract.

§ 8 – Liability for defects

The statutory provisions shall apply.

§ 9 – Language of the contract

The language of the contract is German.

§ 10 – Final Provisions

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

(2) The choice of law pursuant to paragraph 1 shall apply to consumers within the meaning of § 1 paragraph 2 sentence 1 only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall 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 shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is 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 provide independent, impartial, transparent, effective, fast and fair online out-of-court dispute resolution between consumers and traders in relation to 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/.

E-mail of the seller: info@vital-life.de

 


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

According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

As a consumer, you have a statutory right of withdrawal. According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Cancellation policy

Right of withdrawal

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

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

In order to exercise your right of withdrawal, you must send 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 declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

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

Consequences of the revocation

If you withdraw from this contract, we must refund 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 delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for 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 delay and in any case 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 shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

Notes:

The right of revocation does not exist in accordance with § 312 g paragraph 2 BGB for contracts:

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

An existing right of withdrawal may expire in accordance with § 312 g paragraph 2 BGB for contracts:

– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).


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 (*)

Name of the consumer(s)

Address of consumer(s)

Date Signature of consumer(s)

(only in case of paper communication)


(*) Delete where inapplicable.