§ 1 scope
(1) The following general terms and conditions are part of every contract between Vitana-X Europe AG, Zugerstrasse 76b, CH-6340 Baar, Switzerland, email: email@example.com (hereinafter: SELLER) and the customer.
(2) The SELLER offers high-quality food supplements and cosmetics (in future: goods) for sale through her online shop. The SELLER performs her services exclusively on the basis of these terms and conditions, which can be viewed on this website at any time and which will be sent to the customer by email in the event of a contract being concluded.
(3) If you have any complaints, you can contact us using the information in paragraph 1.
§ 2 conclusion of contract
(1) The presentation of the goods in the online shop does not constitute a binding offer by the SELLER.
(2) The customer can choose from the offer as desired and add goods to the shopping cart by clicking on the shopping cart symbol. The customer can empty the shopping cart at any time by changing the number of products or ending the order process by closing the browser window. The changes can be made using the mouse, keyboard and / or touchscreen. By clicking the button “ZUR KASSE”, the customer will be redirected to a page in which he can register as a customer, provided he does not yet have access data or can log in as an existing customer. For this purpose, a user name and password as well as the contact details are entered. After registration and confirmation of the delivery address, the customer can select the shipping method and then receives information about the payment method. By clicking the "NEXT" button, the customer is redirected to a page on which he receives an overview of the order after confirmation of the general terms and conditions as well as information on the right of withdrawal and data protection. In the event that the customer wants to make changes to his order again at this point, he can return to the shopping cart using the link "Cancel checkout and return to shopping cart". If no further changes to the order are to be made, the order process can be completed and a binding order can be placed by clicking on the "ORDER PAYMENT ORDER" button. The customer will be informed of the receipt of the order immediately after the order process has been completed. The SELLER saves the order and the order data entered by the customer in accordance with the attached data protection declaration. In addition, the customer's order details are also sent by email.
(3) The customer will be informed of the receipt of the order by email. This order confirmation also represents the acceptance of the purchase contract by the SELLER.
§ 3 data protection declaration
§ 4 delivery and shipping conditions / shipping costs
(1) The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
(2) Delivery is currently possible to the following countries: Austria, Germany, Switzerland, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Luxembourg , Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. The delivery time is 3-5 working days; The delivery period begins on the day after payment has been received by the SELLER.
(3) The exact shipping costs may vary Shipping information be removed.
(4) If the SELLER incurs additional shipping costs due to the specification of an incorrect delivery address or an incorrect addressee, the non-acceptance or the non-collection of a delivery, these costs are to be reimbursed by the customer, unless he is not responsible for these circumstances.
§ 5 terms of payment; Prices
(1) The purchase price is due immediately upon conclusion of the contract. The customer has the following options as a payment option:
When the customer places the order, they can pay with a valid credit card (VISA, Mastercard or American Express) and enter the card information. The corresponding amount will be reserved immediately on the customer's credit card, but will only be debited when the goods have been dispatched from the SELLER's warehouse. The SELLER reserves the right to check the validity of the card, the available credit in relation to the order value and the address details of the buyer. The SELLER can also reject orders based on the results of this check.
Instant bank transfer
If the payment method "SOFORT" is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN / TAN procedure that has been activated for participation in "SOFORT", have to be authorized accordingly during the payment process and the payment instruction to "SOFORT" to confirm. The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
Purchase on invoice
When purchasing on account, the open amount is due within 14 days of the shipping confirmation. The SELLER reserves the right to reject this payment method if the customer's creditworthiness is insufficient. Furthermore, the invoice and delivery address must match when paying on account.
Payment in advance
If you choose the payment method prepayment, the goods will be sent to the customer as soon as payment has been received by the SELLER. Depending on the bank, it may take 3-5 working days for the customer's payment to reach the SELLER.
When making the transfer, the customer must indicate his order number as the purpose.
The SELLER's bank details are:
Payee: Vitana-X Europe AG IBAN: CH98 0483 5285 3302 0200 0 BIC / SWIFT: CRESCHZZ80A
You pay the invoice amount via your bank's online banking, to which you will be directed in the ordering process. You log in as usual, for example with an account number and PIN and authorize your payment with a TAN, for example. Your bank must participate in the Giropay procedure.
(2) All prices are to be understood as total prices including VAT, but excluding shipping costs.
§ 6 retention of title
The goods remain the property of the SELLER until full payment has been made.
§ 7 cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must contact Vitana-X Europe GmbH, Baarermattstrasse 6, CH-6340 Baar, Switzerland, email: firstname.lastname@example.org, phone +41 41 561 4788, by means of a clear declaration (e.g. a with letter sent by post, fax or e-mail) about your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the 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 immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You 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 checking the nature, properties and functionality of the goods.
The right of cancellation does not exist for the following contracts:
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
– An die Vitana-X Europe AG, Zugerstraße 76b, CH-6340 Baar, Schweiz, E-Mail: email@example.com, Telefon +41 41561 4788
I / we (*) hereby revoke the contract concluded by me / us for the purchase of the following goods
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
(*) Delete where inapplicable
§ 8 liability for defects / limitation of liability
(1) The customer is entitled to a statutory liability for defects. With regard to liability for defects, the statutory provisions apply, unless the following liability restrictions with regard to compensation for damages do not result otherwise.
(2) The SELLER is only liable - with the exception of injury to life, limb and health and the violation of essential contractual obligations (handover and transfer of the goods) - for damage that can be attributed to willful or grossly negligent behavior by the SELLER. This also applies to indirect consequential damage such as loss of profit in particular.
(3) Furthermore, the SELLER is liable for the slightly negligent breach of essential duties, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of duties, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly trusts. In this case, however, the SELLER is only liable for the foreseeable, contract-typical damage. The SELLER is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences. The above limitations of liability do not apply in the event of injury to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(4) Insofar as the SELLER's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 9 Applicable Law; Place of jurisdiction; Contract language
(1) For all disputes arising in connection with the initiation, execution or processing of the contractual relationship between the SELLER and the customer, German law applies exclusively, unless mandatory consumer protection regulations of the country in which the customer is habitually resident take precedence to have. The application of the UN sales law is excluded.
(2) The place of jurisdiction and place of performance is the SELLER's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
(3) The contract language is German.
§ 10 Severability clause
Should individual provisions of these general terms and conditions be ineffective in whole or in part, the general terms and conditions remain effective.
§11 information on dispute resolution
(1) The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr
(2) The SELLER always endeavors to resolve any disagreements from the contractual relationship in a mutually acceptable manner. However, the SELLER does not take part in a procedure at a state-recognized consumer arbitration board. The legal process is open at any time. You are welcome to contact us at any time firstname.lastname@example.org
Status of the customer terms and conditions: 05.09.2019