GTC
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Terms of delivery and shipping
- Retention of title
- Liability for defects (warranty)
- Redeeming of promotional vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1. Scope
1.1 These general terms and conditions (hereinafter "GTC") of Vitamintrend B.V. (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.
2.3 The seller can 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 e-mail), in which case the receipt of the order confirmation by the customer 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 asking the customer to pay after placing his order. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent 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 is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 The conclusion of the contract is exclusively the German language is available.
2.7 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3. Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's instructions on withdrawal.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description
4.2 Deliveries to countries outside the European Union may incur additional costs in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option(s) in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract , unless the parties have agreed on a later due date.
4.5 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.
4.6 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is after issuance of a SEPA direct debit mandate, but not before the deadline for the advance information for payment has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Advance information ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative..
5. Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible , the customer bears the costs for unsuccessful shipping. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service a reasonable amount of time in advance.
5.3 Pick-up is not possible for logistical reasons..
6. Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer is asked to return delivered goods with obvious transport damage to the to complain to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8. Redeeming promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the online shop of the seller and can only be redeemed in the specified period.
8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7 The balance of a promotional voucher will not be paid out in cash or interest.
8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.9 The campaign voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, the legal incapacity or the lack of authorization to represent the respective owner.
9. Applicable law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies 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.
9.2 Furthermore, this applies This choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
10. Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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 activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
11. Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is required to participate in a dispute settlement procedure before a Consumer arbitration board neither obliged nor willing.