General terms and conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Liability for Defects
- Applicable Law
1) Scope of Application
1.1 These Terms and Conditions of the company Vita-Cos-Med Klett-Loch GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. An entrepreneur pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by telephone, fax, e-mail or postal service.
2.3 The seller may accept the Client's offer within five days, - by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
- by requesting the Client to pay after he placed his order.Provided that several of the aforementioned
alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 In case of an order via the Seller's online order form, the contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller's online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller's online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The German language is exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client's responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
The Consumer has a right to cancel. Further details regarding the right to cancel can be found in the Seller's instructions for cancellations.
4) Prices and Payment Conditions
4.1 Unless otherwise provided in the Seller's product descriptions, all prices indicated by the Seller are final prices including the legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller's online shop.
4.3 In the case of deliveries to countries outside of the European Union, additional costs may be due for which the Seller is not responsible and which are to be borne by the Client. This includes transfer fees charged by the banks (for example transaction fees and exchange charges) or import duties and taxes (for example customs duties).
4.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract. Orders are executed upon receipt of payment within 8 working days. Otherwise the order will be automatically canceled without further information.
4.5 In case of the payment method delivery on invoice the purchase price is due without any deductions within 14 days upon receipt of the invoice, unless otherwise agreed. In case the Client chooses the payment method delivery on invoice, the Seller reserves the right to make credit assessments and to refuse this payment method, if the credit check is negative.
5) Shipment and Delivery Conditions
5.1 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.2 Personal collection is not possible for logistical reasons.
5.3 The Seller delivers the goods exclusively in the countries as laid down in Shipping Costs & Countries. In case of non-compliance with the shipping countries, the order can be canceled and refunded by the seller. In this case all costs involved shall be borne by the client.
6) Reservation of Proprietary Rights
The Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects
The statutory liability for defects applies.
8) Applicable Law
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
8.2 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
9) Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS). Page can be found here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of their dispute.