Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Terms and Conditions for Repair Services
9. Applicable Law
10. Jurisdiction
11. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter “GTC”) of VITAFORM GmbH & Co. KG (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3An entrepreneur, as defined in these Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.

2.2The customer may submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, email, mail, or via the online contact form.

2.3The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the customer’s receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4If the “Amazon Payments” payment method is selected

,

payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available at https://payments.amazon.de/help/201751590. If the customer selects, as part of If the customer selects “Amazon Payments” as the payment method during the online ordering process, he simultaneously issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.5When an offer is submitted via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer submits their order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online store before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.6Before submitting a binding order via the Seller’s online order form, the Customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7The contract may be concluded in either German or English.

2.8Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1Consumers generally have a right of withdrawal.

3.2Further information regarding the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and Payment Terms

4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The available payment method(s) will be communicated to the customer in the seller’s online store.

4.4If payment in advance via bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5If the “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account that has been activated for use with “SOFORT,” must authenticate themselves during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction is then processed immediately by “SOFORT,” and the customer’s bank account is debited. The customer can find more detailed information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

5) Delivery and Shipping Terms

5.1If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing system is decisive for the transaction

.5.2If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to return shipping costs.

5.3If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or to an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even if the customer is a consumer— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This applies only if the seller is not responsible for the non-delivery and has entered into a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be notified immediately and the purchase price will be refunded without delay

.5.5Pickup by the customer is not possible for logistical reasons.

6) Retention of Title

If the seller makes an advance delivery, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1Unless otherwise specified in the following provisions, the statutory provisions regarding liability for defects apply. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:

7.2If If the customer is a business entity,

• the seller may choose the method of subsequent performance;
• for new goods, the statute of limitations for defects is one year from delivery of the goods;
• for used goods, rights and claims arising from defects are excluded;
• the limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.3The limitations of liability and shortened time limits set forth above do not apply

• to the customer’s claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• to goods that have been used in accordance with their customary use in a structure and have caused its defectiveness,
• to any existing obligation on the part of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the merchant’s duty to inspect and give notice of defects pursuant to Section 377 HGB applies.

If

the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7.6If the customer is a consumer, they are requested to file a complaint with the delivery service regarding goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Special Terms and Conditions for Repair Services

If the seller is obligated under the terms of the contract to repair an item belonging to the customer, the following shall apply:

8.1Repair services shall be performed at the seller’s place of business.

8.2The seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the seller. In doing so, the seller may also engage the services of third parties (subcontractors) acting on its behalf.

Unless

otherwise specified in the seller’s service description, the customer has no right to select a specific person to perform the requested service.

8.3The customer must provide the seller with all information necessary for the repair of the item, unless obtaining such information falls within the seller’s scope of obligations under the terms of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may have caused the identified defect.

8.4Unless otherwise agreed, the customer must ship the item to be repaired to the seller’s place of business at the customer’s own expense and risk. The seller recommends that the customer take out shipping insurance for this purpose. Furthermore, the seller recommends that the customer ship the item in suitable shipping packaging to reduce the risk of damage in transit and to conceal the contents of the package. The seller will immediately inform the customer of any obvious damage incurred during transit so that the customer can assert any rights they may have against the carrier.

8.5The return shipment of the item is at the customer’s expense. The risk of accidental loss or accidental deterioration of the item passes to the customer upon handover of the item to a suitable carrier at the seller’s place of business. At the customer’s request, the seller will arrange shipping insurance for the item

8.6The customer may also deliver the item to be repaired to the seller’s place of business and pick it up from there, provided this is specified in the seller’s description of services or the parties have reached a corresponding agreement. In this case, the above provisions regarding the allocation of costs and risk for shipping and return shipping of the item shall apply accordingly.

8.7The foregoing provisions do not limit the customer’s statutory rights regarding defects in the event of the purchase of goods from the seller.

8.8The seller shall be liable for defects in the repair services provided in accordance with the provisions of statutory liability for defects.

9) Governing Law

The law of the Federal Republic of Germany shall govern all legal relationships between the parties, to the exclusion of the laws governing the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

10) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s place of business.

11) Alternative Dispute Resolution

11.1The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

11.2The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.