GTC

General Terms and Conditions

(Status: January 2016)

§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts between VITANDAR, Am Frankenberg 21, 21077 Hamburg, Germany – hereinafter referred to as the Provider – and the Customer, which are concluded via the Provider’s website. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
(3) The contract language is German. The complete text of the contract is not saved by the supplier. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After receipt of the order by the provider, the order data, the legally required information for distance selling contracts and the general terms and conditions are sent to the customer again by email. In the case of requests for quotations that are sent to the provider by telephone or email, for example, the customer receives all contract data as part of a binding offer by email, which the customer can print out or save electronically.

§ 2 Subject matter of the contract
The subject matter of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on the provider’s website.

§ 3 Conclusion of the contract
(1) The product presentations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.
(2) The customer can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, the customer can call up the “shopping cart” and make changes there at any time. After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. Before submitting the order, the customer has the option of checking all details again, changing them (also using the “back” function of the Internet browser) or canceling the purchase. By submitting the order via the “order with obligation to pay” button, the customer submits a binding offer to the provider. The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of a contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place either by confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods. If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound by his order. In this case, any services already rendered will be refunded immediately.
(4) Inquiries by the customer for the purchase of goods or for the preparation of individual offers outside the online shopping cart system, which are transmitted to the provider e.g. by telephone or email, are non-binding for the customer. The supplier submits a binding offer to the customer in text form (e.g. by email), which the customer can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. The customer must therefore ensure that the email address provided by him to the provider is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Prices, shipping costs
(1) The prices stated in the respective offers as well as the shipping costs are final prices. They include all price components including all applicable taxes. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer, but not to the supplier, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before ordering.
(2) The shipping costs incurred are not included in the purchase price. They can be called up via the “Payment and Shipping” page, are shown separately during the ordering process and are to be borne by the customer in addition, unless delivery free of shipping costs has been agreed.
(3) The customer shall receive an invoice with VAT shown.

§ 5 Payment and shipping conditions
(1) The conditions for payment and shipping can be found under the button of the same name in the navigation bar.
(2) Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the supplier is not responsible, the customer shall be informed immediately of the unavailability and, in the event of withdrawal, any payments already made shall be refunded immediately.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to the customer when the goods are handed over, regardless of whether the shipment is insured or uninsured.

§ 6 Right of retention, retention of title
(1) The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain the property of the provider until the purchase price has been paid in full.

§ 7 Warranty
(1) The statutory provisions shall apply. If used goods are the subject of the purchase contract and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used goods is one year.
(2) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the supplier and the carrier of any complaints as soon as possible. If the customer fails to do so, this shall have no effect on the statutory warranty claims.

§ 8 Liability
(1) The provider is liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the object of purchase, damages under the Product Liability Act and in all other cases regulated by law.
(2) If essential contractual obligations are affected, the liability of the provider is limited to the foreseeable damage typical for the contract in the case of slight negligence. Essential contractual obligations are essential obligations which arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract, as well as obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.
5. Insofar as the Internet offers refer or link to the websites of third parties, no guarantee or liability is assumed for the correctness or completeness of the content and the data security of these websites. As the provider has no influence on compliance with data protection regulations by third parties, the customer should check the respective data protection declarations offered separately.

§ 9 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationship with the provider and the place of jurisdiction is the registered office of the provider, provided that the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.
The same applies if the customer has no general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

If you have any further questions, please do not hesitate to contact us by telephone from Monday to Friday from 10:00 to 18:00 on 040-27 80 90 67 (German landline) or by e-mail at info@vitandar.com.