terms and conditions
General Terms and Conditions (with legal information)
Status: 18.08.2020
1. Scope
All business relations between Viotrade GmbH and the customer are governed exclusively by these General Terms and Conditions in the version valid at the time of the order.
2. Contractual partner
The purchase contract is concluded with:
Viotrade GmbH
Grünwalder Weg 32
82041 Oberhaching
Germany
info@vivamask.de
Managing Director: Ulrich Pflug
TAX-IDNR: DE332704089
www.vivamask.de
You can reach our customer service for questions, complaints and claims by e-mail at onlineshop@vivamask.de.
3. Offer and conclusion of contract
3.1 The presentation of the products in the Vivamask online shop does not constitute a legally binding offer, but an invitation to order. Errors excepted. The order confirmation sent by e-mail does not lead to a purchase contract. The German language is available for the conclusion of the contract.
3.2 By clicking the button [order with obligation to pay] you place a binding order for the goods listed on the order page. You will first receive a confirmation of receipt. The purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail within approx. 5 days of receiving your order.
3.3 The ordering process via our online shop comprises seven steps. In the first step, you select the desired goods and place them in the shopping basket. You now have the option to select further goods or to obtain an overview of the items in your shopping basket by clicking on the “Checkout” button. From this overview, click on the button “Proceed to checkout” to proceed to the next step of the order process. Here you can either log in with your existing customer number or open a personal customer account. However, you can also shop without registering. In the next step, enter your complete billing address and, if applicable, a different delivery address. Then, in the next step, you choose the type of payment you would like to make. Finally, in the penultimate step, you have the opportunity to check all the details (e.g. name, address, method of payment, items ordered) once again and correct them if necessary before you send your order to us by clicking on “order subject to payment”. You will then receive a confirmation of receipt. Only after receipt of the order confirmation, which includes the link to the tracking and tracing, the purchase contract is concluded.
3.4 Goods are only sold in quantities customary for households. We do not accept orders from customers who have not yet reached the age of 18.
3.5 The contract shall be concluded exclusively in German.
3.6 Your orders will be stored by us after conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail/telephone. We will be happy to send you a copy of your order data.
4. Right of withdrawal for consumers
4.1 Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Consequences of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Viotrade GmbH, DIngolfinger Str. 15,
81673 München , email address: onlineshop@vivamask.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the enclosed [sample withdrawal form] for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse 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 without delay and in any case no later than fourteen days from the day on which you notified us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall 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 condition, properties and functioning of the goods.
4.2 The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications.
5. Prices and shipping costs
5.1 Prices and shipping costs depend on the delivery address or the country of delivery specified by you in the order process. After entering the delivery address, the applicable prices and shipping costs are displayed in the shopping basket and in the order overview.
5.2 The prices displayed are final prices in euros including German VAT. In addition, we charge the shipping costs listed in section 5.3. Deviating from this, the following regulation applies to customers from Switzerland:
Swiss customers will not be charged the German VAT. Here, the German VAT will be automatically deducted after entering the delivery address. We would like to point out that you will have to pay any customs and/or customs clearance fees or import turnover taxes (in accordance with the regulations of the respective importing country) yourself.
*Please also note that after entering your Swiss delivery address in the article overview in the online shop, you will be shown prices excluding German VAT. This is also indicated again in the detailed view of the respective item.
5.3 For the different countries, the following shipping costs apply depending on the desired shipping method:
Germany
GLS or DHL:
Shipping costs Belgium, Denmark, Luxembourg, Netherlands, Austria
GLS: The shipping costs are set at a uniform € 4.90 for the end customer.
France, Great Britain, Italy, Spain
DHL: The shipping costs are set at a uniform € 4.90 for the end customer.
Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden.
DHL: The shipping costs are set at a uniform € 4.90 for the end customer.
Switzerland
DHL: The shipping costs are set at a uniform € 4.90 for the end customer.
In the case of cross-border deliveries, further taxes (e.g. in the case of an intra-Community purchase) and/or duties (e.g. customs duties) may be payable by the customer.
Further information on duties, taxes and charges is available, for example, at http://www.ezv.admin.ch/zollinfo_privat/04363/index.html?lang=de.
6. Delivery
6.1 The Vivamask online shop delivers within Germany as well as to Austria, Belgium, Denmark, Finland, France, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Switzerland.
6.2 The delivery time is 10-30 working days. If we discover during the processing of your order that the products you ordered are not available, you will be informed separately by e-mail. In the event of delays in delivery, we will inform you immediately. A contract for the unavailable goods will not be concluded.
7. Warranty
The purchaser is entitled to a warranty for defects in the purchased goods in accordance with the statutory provisions of §§ 437 ff. BGB. In particular, the purchaser may demand subsequent performance by means of new delivery or rectification of defects. However, we are entitled to refer the customer to a new delivery if the rectification of defects would involve disproportionate expense. The warranty period for the consumer is two years after delivery of the goods. The purchaser should assert warranty claims stating the order number, his name and address as well as a brief description of the defect. At our request, the orderer shall send the defective goods for inspection at our expense and risk to the following address:
Viotrade GmbH
Grünwalder Weg 32
82041 Oberhaching
Germany
8. Payment
8.1 Payment can be made by credit card, PayPal (www.paypal.com), Sofortüberweisung.de, direct debit, cash in advance or on account. During the ordering process, we carry out an automatic credit check of the customer by means of an enquiry with a credit information agency. Depending on the result of this check, which will take approximately one to two seconds, we reserve the right to exclude individual payment methods.
Invoice
If you decide to pay by invoice, the invoice amount is due upon receipt of the invoice. The invoice is enclosed with the goods. In this case you will receive our bank details with the order confirmation.
If you choose to pay by invoice, we kindly ask you to transfer the amount to our account within 14 days after receipt of the invoice. You will find all the necessary information for the transfer in the invoice. In case you choose purchase on account, we reserve the right to carry out an external check of your creditworthiness.
Credit card
If you pay by credit card, the amount will be debited before the goods are dispatched. There are no additional fees for this method of payment.
Prepayment
In this case, we reserve the ordered goods for you for a fortnight and dispatch the goods after receipt of the money on our account. Please pay the invoice amount within this time. Otherwise your reserved goods will be released by the system. Under these circumstances you will be notified by us by email. This payment method is available from a purchase value of 100,00€.
Immediate bank transfer
With Sofortüberweisung you can conveniently use your familiar online banking data. The transaction confirmation allows us to process your order during the transaction and ship the goods immediately. For this, your bank only has to cooperate with SOFORT GmbH.
Direct debit
When paying by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in your account or due to incorrect bank details provided by you.
PayPal
When ordering online, you can pay quickly and securely via PayPal. Simply select the PayPal payment method during the ordering process. After submitting your order, you will be automatically redirected to PayPal to make your payment. If you pay by PayPal, the amount will be debited before the goods are dispatched.
For a payment with PayPal it is necessary to set up a PayPal account. In the PayPal account you deposit your bank details or your credit card details once. For every future purchase with PayPal you only need your PayPal user data and password.
You can find more information about PayPal here.
Unfortunately we cannot offer the payment methods direct debit and last name at the moment.
Bank details Vivamask Online Shop:
Bank name: Stadtsparkasse München
IBAN: DE26 7015 0000 1006 0445 13
BIC: SSKMDEMM
A purchase on instalments is not possible. Should you be in default of payment, the provisions of § 288 BGB shall apply.
10.2 You shall only be entitled to set-off if your counterclaims have been legally established by a court of law or are undisputed or have been acknowledged by us in writing.
10.3 If you have settled your order by bank transfer, please enter your bank details here. Otherwise, a refund will be made to your credit card or PayPal account.
11. Reservation of ownership
The goods remain the property of Viotrade GmbH until payment has been made in full.
Data privacy
Our website uses a tracking tool to collect and store data for marketing and optimisation purposes. The collected data is used to create user profiles under a pseudonym. We use google analytics as a tracking tool on our website. Your personal data that becomes known to us in the course of a business relationship will be stored by us and, if necessary, passed on to affiliated companies for the purpose of order processing. All data will of course be treated confidentially.
The data will be collected, stored and used by us in accordance with the applicable data protection regulations. These data regulations are available in printable form [here].
Further information on data protection can be found at www.vivamask.de/datenschutz
13. Liability
13.1 We shall be liable without limitation for intent. We shall only be liable for gross and simple negligence in the event of injury to life, limb, health or an essential contractual obligation. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on whose fulfilment you have relied and were entitled to rely.
13.2 In the event of a slightly negligent breach of material contractual obligations, our liability shall be limited to the amount of the foreseeable, typically occurring damage.
13.3 The above limitations of liability shall also apply in favour of our legal representatives and vicarious agents.
13.4 Liability under the Product Liability Act remains unaffected.
14. Dispute resolution platform
Under current law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here: http://ec.europa.eu/odr. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and unfortunately cannot offer you participation.
15. final provisions
The law of the Federal Republic of Germany shall apply to all contracts between us and our customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to the extent that it does not deprive the consumer of mandatory applicable consumer protection provisions of the state in which the consumer has his habitual residence at the time of his order.
17 Provider of the website
The website offered under the domain www.vivamask.de is operated by
Viotrade GmbH
Grünwalder Weg 32
82041 Oberhaching
Germany
represented by its managing director Mr Ulrich Pflug
e-mail: info@vivamask.de
Register court: Munich
Local Court Munich HRB 258168
Sales tax identification no.: DE 332704089