The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.
The following applies to Germany: Consumers are acc.
§ Section 13 of the German Civil Code (BGB) “any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.”
For Austria: In the following terms and conditions, “consumer” means “consumer” within the meaning of the Consumer Protection Act (KSchG).
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
The purchase contract is concluded with VIVOBASE GmbH.
By placing the products in the online store, we submit a binding offer to conclude a contract for these items.
You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process.
The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button.
Immediately after sending the order, you will receive another confirmation by e-mail.
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our GTC in text form.
For security reasons, the text of the contract is no longer accessible via the Internet.
4.1 Delivery area
We deliver within Germany and Austria.
4.2 Shipping costs
Standard shipping is free of shipping costs from an order value of €500 incl.
VAT included.
4.3 Delivery options
We ship the products to the delivery address specified in the order process.
You have the option of collecting your order from VIVOBASE GmbH, Lilienthalweg 13, 72124 Pliezhausen, Germany during the following business hours: Monday to Friday from 9 a.m. to 4 p.m.
5.1 Prices
The prices stated at the time of ordering apply.
These are total prices and include statutory VAT.
5.2 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder.
You reserve the right to prove that the damage incurred is lower.
Further claims remain unaffected by this.
The following applies to entrepreneurs: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate and a lump sum of EUR 40.
Further claims remain unaffected by this.
5.3 Payment methods
The following payment methods are available in our store.
Prepayment: If you select the prepayment payment method, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal Express: In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment order.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account.
However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal.
You can find further information on this in your PayPal account.
Sofort by Klarna: In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction.
Your account will be debited immediately after placing the order.
You will receive further instructions during the ordering process.
Klarna: In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”) we offer you the following payment options.
Payment via Klarna is only available to consumers.
Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna.
Further information can be found in the respective payment option and in the order process.
Purchase on account via Klarna: The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.
Klarna can offer registered Klarna customers selected according to its own criteria further payment methods in the customer account.
However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna.
You can find further information on this in your Klarna account.
Installment purchase via Klarna: You can pay the invoice amount in monthly installments of at least 1/24 of the total amount.
The minimum installment is 6.95 euros.
Klarna can offer registered Klarna customers selected according to its own criteria further payment modalities in the customer account (e.g. interest-free installment plans).
However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna.
You can find further information on this in your Klarna account
Klarna credit card: You enter your credit card details during the ordering process.
Your card will be charged by Klarna immediately after placing the order.
There is no address or credit check.
Klarna direct debit: You issue Klarna with a SEPA direct debit mandate.
Klarna will inform you about the date of the account debit (so-called prenotification).
The account will be debited after the goods have been dispatched.
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy.
Entrepreneurs are not granted a voluntary right of withdrawal.
The product remains our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full.
You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment.
You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately.
Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights.
However, you will help us to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
9.1 Liability for defects
The following applies to consumers: The statutory liability for defects applies.
The following shall apply to entrepreneurs and merchants: Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortened time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
Restrictions vis-à-vis entrepreneurs
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk.
The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness.
The sale of used goods is subject to the exclusion of any warranty.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note to merchants The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants.
If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection.
This shall not apply if we have fraudulently concealed a defect.
9.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 9:00 a.m. to 4:00 p.m. by calling 07127 9503180 or by e-mail at info@vivobase.de.
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid.
If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.
VIVOBASE GMBH
Lilienthalweg 13
72124 Pliezhausen
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