OUR GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
OF THE COMPANY NATURA VITALIS® GMBH
§1 SCOPE OF APPLICATION
Managing director: Siegfried Deleske
Telephone: +49 (201) 361 260
Fax: +49 (201) 361 2655
hereinafter referred to as “Natura Vitalis®”, and private purchasers or buyers (consumers) as well as commercial purchasers or clients (customers).
Consumers i.d. Terms and conditions are any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or independent professional activity.
Commercial customersi.d. Terms and conditions are natural or legal persons or partnerships with which a business relationship is entered into, which act in the exercise of a commercial or independent professional activity when entering into a corresponding legal transaction.
Purchaser i.S.d. Terms and Conditions are both consumers and commercial customers.
We request your understanding that we will only recognise conflicting or deviating terms and conditions of a purchaser if we have expressly agreed to them in individual cases.
§2 CONCLUSION OF CONTRACT
By ordering a product, the customer makes a binding declaration that he wishes to purchase the ordered goods from Natura Vitalis® in accordance with the above terms and conditions. Natura Vitalis® is entitled to accept the contract offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the purchaser.
If the purchaser orders the goods electronically, Natura Vitalis® shall immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
The contract is concluded subject to the correct and timely delivery by the supplier. This only applies in the event that the non-delivery is not the responsibility of Natura Vitalis®, especially when a congruent cover transaction has been concluded by Natura Vitalis® with a supplier.
In the event of unavailability of the service, customers will be informed of this immediately. Any consideration already provided will, of course, be refunded to the customer immediately in this case.
If the customer orders the goods electronically, the contract text of Natura Vitalis® will be stored and sent to the customer on request, together with these GTC, by e-mail.
§ 3 DELIVERY / DELIVERY TIMES
§ 4 PRICES / PAYMENT TERMS
All prices and discounts from Natura Vitalis® on the Internet, brochures or other advertising media are subject to errors. All offers from Natura Vitalis® are subject to change. All agreements should always be stated in writing.
For deliveries to countries outside the European Union, the prices which include German value added tax will be reduced; the local typical import sales tax or duty shall be payable by the purchaser.
The deduction of a cash discount requires special explicit agreement.
Unless otherwise agreed, the ordered goods are due for payment upon receipt of the order. The purchaser must pay for the goods promptly and free of charge by direct debit or bank transfer; we are only obligated to dispatch ordered goods after receipt of payment.
Should we exceptionally make a shipment before receipt of payment, the goods remain our property until full payment has been made. Insofar as the purchaser defaults on payment, default interest shall be charged at the statutory rate, namely currently five percent above the base rate for consumers and eight percent above the base rate for commercial customers. Natura Vitalis® reserves the right to claim higher damage caused by delay.
A purchaser shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been recognised by us. The purchaser shall only be authorised to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
§ 5 TRANSFER OF RISK
If at the request of the purchaser, Natura Vitalis® sends the goods to a place other than the place of business of Natura Vitalis®, the risk shall be passed on to the purchaser as soon as Natura Vitalis® passes the goods to the freight forwarder, carrier, establishment or person responsible to carry the shipment. This does not apply if the purchaser is a consumer.
§ 6 WARRANTY
In the event of a material defect, the warranty claims of the purchaser are initially limited to the right of subsequent performance. If the purchaser is an entrepreneur, Natura Vitalis® initially provides warranty for defects in the goods at its own discretion through rectification or replacement. If the purchaser is a consumer, he or she first has the choice of whether the supplementary performance should take the form of rectification or replacement delivery. If the purchaser is not a consumer, but rather a commercial customer, the above-mentioned right of choice is only available to Natura Vitalis®.
The supplementary performance requested by the customer or offered by Natura Vitalis® must be carried out within a reasonable period. Natura Vitalis® is however entitled to refuse the type of supplementary performance chosen if it is only possible for Natura Vitalis® at disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the purchaser.
If the subsequent performance fails, the customer may in principle demand a reduction in the remuneration (reduction) or rescission of the contract (withdrawal) as well as compensation for damages or compensation for futile expenses in accordance with the corresponding statutory provisions. However, in the event of a minor lack of conformity, in particular in the case of only minor defects, the customer shall not be entitled to withdraw from the contract.
The commercial customer must immediately report obvious defects in writing in accordance with the provisions of the German Commercial Code (HGB). Decisive for the observance of the deadline is the receipt of the information by Natura Vitalis®. If the commercial customer fails to provide this information, the warranty rights due to this defect shall expire after the statutory notice period has expired, insofar as Natura Vitalis® cannot be blamed for malice because of the defect. The burden of proof for the point in time of the discovery of the defect then lies with the customer. If the purchaser has been persuaded by incorrect manufacturer statements to buy the item, the burden of proof is on it for its purchase decision.
If the customer chooses compensation after failed subsequent performance, the goods shall remain with the purchaser if this is reasonable. The compensation shall be limited to the difference between the purchase price and the value of the defective item. This does not apply if Natura Vitalis® has maliciously caused the breach of contract. Further claims for damages due to breach of duty shall remain unaffected.
For entrepreneurs (commercial customers), the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from the delivery of the goods. In the case of used goods, the limitation period is one year from the delivery of the goods.
However, it should be noted that the products from Natura Vitalis® are natural products, so it is in the nature of these products to have only a limited expiry date. The purchaser must therefore store the products carefully and as dry and cool as possible in accordance with the relevant packaging instructions.
Guarantees principally refer only to guarantees given by the manufacturer, unless, in exceptional cases, Natura Vitalis® should make different provisions or unless the parties have made different agreements.
As far as the products are sold with a manufacturer's warranty or a guarantee of the manufacturer, the claims of the purchaser due to this warranty shall be exclusively against the manufacturer according to its warranty terms and conditions.
§ 7 LIMITATION OF LIABILITY
The abovementioned limitations of liability do not affect the claims of the purchaser arising from product liability. Furthermore, the liability restrictions do not apply to physical and health damage attributable to Natura Vitalis® or if the life of the purchaser is lost.
Claims for damages by the commercial customer due to a defect shall become time-barred after one year from the delivery of the goods. This does not apply to the extent that Natura Vitalis® is liable to suspect malice or gross negligence, as well as in the case of bodily and health damage or in the event of loss of the life of the customer, insofar as this is attributable to Natura Vitalis® in each case.
§ 8 RETENTION OF TITLE
The customer is required to handle the product with care. The customer is particularly obligated to use and/or implement the goods only in compliance with the packaging instructions given to it.
Until full payment of the goods has been made, the customer is obligated to inform Natura Vitalis® immediately of any third party access to the goods, as in the case of a seizure, as well as any damage or destruction of the goods. Likewise, the customer must immediately notify Natura Vitalis® of a change of ownership of the goods or its own change of residence until the goods have been paid for.
§ 9 RIGHT OF CANCELLATION FOR CONSUMERS
1. Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, last took possession of the goods or in the case of a partial delivery.
To exercise your right of cancellation, you must inform us
Natura Vitalis® GmbH
Telephone: +49 (201) 361 260
Fax: +49 (201) 361 2655
of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form attached to the shipment, but this is not mandatory. If you make use of this option, we shall send you a confirmation of receipt of such a cancellation immediately (e.g. by email).
You can obtain the sample cancellation form here: Click on the link to download the PDF document.
In order to comply with the cancellation period, you simply need to send us notice that you are exercising your right of cancellation before the cancellation period has expired.
2. Consequences of cancellation
If you cancel the contract, we shall refund all payments received from you, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery other than the cheapest standard delivery offered by us) immediately, and at the latest within fourteen days from the day on which we received the message regarding cancellation of the 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 may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever takes place first.
You must return or hand over the goods to us immediately, in any event no later than fourteen days from the date on which you notified us that you were cancelling 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. We are ready to pay the cost of returning the goods, but only to the extent that you only use the return label for return enclosed in the shipment, and at the same time return the goods by using one of the shipping services companies listed on the return label. If, contrary to expectations, such a return label is not in your consignment, this can be requested from us by phone, fax or email.
You must only compensate any loss of value of the goods if this loss of value is due to handling which is unnecessary for the examination of the nature, characteristics and functioning of the goods.
3. Exclusion of the right of cancellation
You have no right to cancel contracts
- for the delivery of goods which are not prefabricated and are an individual selection or relevant to the consumer, decisive for their manufacture or tailored to the personal needs of the consumer,
- for the delivery of goods, which can quickly perish or whose expiry date has quickly passed,
- for the delivery of sealed goods that are suitable for reasons of health or hygiene not to be returned, if their seal has been removed after the delivery,
- for the delivery of goods, if due to their nature these were mixed after delivery inseparably with other goods,
- for the supply of alcoholic beverages, the price of which was agreed upon in the contract, but could only be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market, on which, the operator has no influence,
- for the delivery of audio and video recordings or computer software in a sealed package, if the seal has been removed after the delivery.
§ 10 PLACE OF PERFORMANCE / COURT OF JURISDICTION
German law applies exclusively to the respective contracts. This also applies if the customer is registered abroad.
The European Commission has provided a platform for online dispute resolution. You can reach this online platform athttp://ec.europa.eu/consumers/odr/ [external link]
§ 11 PRIVACY
The protection of your personal data on collecting, processing and using them when you visit our website and when using our online shop is an important concern for Natura Vitalis®. Your data are protected in accordance with legal regulations. All personal data are always treated confidentially. Natura Vitalis® observes applicable data protection law.
The data necessary for the business transaction are stored and, as part of the contract execution, are also passed on to third parties whose services Natura Vitalis® uses to process the contractual obligations, including the related invoicing. This only happens if the interests of data subjects, which are worth protecting, do not conflict with this and are not impaired.
Natura Vitalis® is in particular entitled to submit customer data to third parties, insofar as this is necessary for the purposes of assignment or collection of receivables.
Natura Vitalis® also collects and processes customer address data for internal marketing purposes. When processing data, the concerns of the customer worthy of protection are taken into account in accordance with the statutory provisions. Customers can object to the use and processing of their data for marketing purposes at any time by sending a message to Natura Vitalis® by email, fax or post or revoke their consent.
Our contact details:
Natura Vitalis® GmbH
Fax: +49 (201) 361 2655
If you visit our homepage or purchase our goods via electronic means on our website or should you subscribe to a newsletter from us, we point out in addition, the following:
Collection and processing and deletion of data
Every access to our homepage and every request of a file stored on our homepage is logged. The storage serves internal system-related and statistical purposes. The following are logged: name of the file accessed, date and time of access, amount of data transferred, notification of successful access, web browser and requesting domain. Additionally, the IP addresses of the requesting computers are logged.
Further personal data are not recorded, unless you voluntarily provide us with the corresponding additional information, for example in the context of an inquiry or registration.
Use and disclosure of personal data, revocation and deletion
Insofar as you have given us personal data, we only use these to answer your inquiries, for processing contracts agreed upon with you and for technical administration.
Your personal data will only be passed on to third parties or otherwise transmitted if this is necessary for the purpose of contract processing - in particular passing on order data to suppliers - as well as for invoicing purposes or for any collection of claims or if you have given your prior consent. You have the right to withdraw your consent at any time with future effect.
For orders from new customers who want to order goods without payment in advance, we ask for your understanding that in these cases we can also clarify the creditworthiness of the respective new customer in advance. We use the help of Creditreform Boniversum GmbH, Hellersbergstrasse 11, 41460 Neuss, from whom we receive the data required for this. For this purpose, we transmit your name and contact details to Creditreform Boniversum GmbH. The corresponding information pursuant to Article 14 of the EU General Data Protection Regulation (GDPR) for the data processing taking place at Creditreform Boniversum GmbH can be found at www.boniversum.de/EU-GDPR<http://www.boniversum.de/EU-GDPR.
Your saved personal data will be deleted if you withdraw your consent to the data being saved, if knowledge of the data is no longer required to fulfil the purpose for which it was saved, or if the saving of the data is not permitted for other legal reasons.
When you register for the newsletter, we will use your email address for our own advertising purposes until you unsubscribe from the newsletter. Unsubscribing is possible at any time.
Right to information, correction and restriction
You have the right to free information about your stored data. The scope of the information and the related information result from Article 15 of the GDPR.
You also have the right to have incorrect or incomplete personal data stored by us corrected or completed at any time.
Likewise, as a data subject, you can request that processing be restricted if the personal data are incorrect in whole or in part, the processing is unlawful and you request a restricted use instead of deletion, we do not need these personal data for the purposes of processing or do not need them to this extent or you have objected to future processing.
In order to recognise the device you are using and to be able to offer you special services, we use so-called “cookies” on our homepage.
Cookies are small files that make it possible to store specific information related to the device on the user's access device (PC, smartphone or similar). On the one hand, they ensure the ease of use of websites and therefore for the users (e.g. storing “login” data). On the other hand, they serve to record the statistical data of website use and to analyse them in order to improve the offer.
In order to make our website www.naturavitalis.de even more customer-friendly, our website also uses Google Analytics, a web analysis service from Google Inc. (“Google”).
Google Analytics also uses so-called “cookies”, which are text files that are stored on the computers of users and enable analysis of their use of the website. The information generated by the cookies about the use of this website by our users is usually transmitted to a Google server in the USA and stored there.
If IP anonymisation is activated on this website, your IP address as a user of Google will be shortened beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and abbreviated there in exceptional cases. IP anonymisation is active on this website. On behalf of us as the operator of this website, Google will use this information to evaluate the use of the website by users, to compile reports on website activity and to provide the website operator with other services related to website and internet use.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. As a user, you can prevent the storage of cookies by setting your browser software accordingly. However, this offer warns you as a user that in this case you may no longer be able to use all functions of this website to their full extent.
In addition, as a user you can prevent Google from collecting the data on your use of the website (including your IP address) generated by the cookie, and also prevent the processing of these data by Google by downloading and installing the browser plugin available at the following link:
As an alternative to the browser add-on or within browsers on mobile devices, please click this link to prevent future data collection by Google Analytics within this site. An opt-out cookie is placed on your device. If you delete your cookies, you must click this link again.
Use of Facebook social plugins
Our website also uses so-called “social plugins” (“plugins”) from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are marked with a Facebook logo or the addition “Social plugin from Facebook” or “Facebook social plugin”. An overview of the Facebook plugins and their appearance can be found athttps://developers.facebook.com/docs/plugins.
If you call up a page on our website that contains such a Facebook plug-in, your browser will not establish a direct connection to the Facebook servers until you activate the respective Facebook plug-in yourself by clicking on it. Otherwise the Facebook plugin remains inactive or passive.
If you as the user activate the Facebook plug-in, it will then be transmitted from Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are currently not logged in to Facebook. This information (including your IP address) is sent from your browser directly to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can immediately assign your visit to our website to your Facebook profile. If you interact with the plugins, for example by clicking the “Like” button or making a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends. The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights and setting options for protecting your privacy, can be found in the Facebook privacy information athttp://www.facebook.com/policy.php.
If you do not want Facebook to assign the data collected via our website directly to your browser or your Facebook profile, you must not activate the respective Facebook plugins on our websites by clicking on them. You can also completely prevent the loading of the Facebook plugins with add-ons for your browser, e.g. with the “Facebook Blocker”http://webgraph.com/resources/facebookblocker/).
Rating reminder from Trusted Shops:
If you have given us your express consent to this during your order by activating a corresponding “Clickbox” or by clicking a button provided for this purpose (“Rate later”), we will send your email address for the reminder to submit a rating of your order to Trusted Shops GmbH, Subbelrather Str.15c, 50823 Cologne (www.trustedshops.de), so that it reminds you by email of the possibility to submit a review. This consent can be revoked at any time by sending a message to our contact option described above or directly to Trusted Shops.
With the newsletter to be requested from us, we will be happy to inform you about us and our offers by email free of charge. If you would like to receive our newsletter, we need a valid email address from you, as well as information that allows us to verify that you are the owner of the email address provided or that the owner agrees to receive the newsletter. Further data are not collected.
The data shown and collected above will only be used by us to send the newsletter and will not be passed on to third parties. We only pass these data on to a service provider commissioned by us with the exclusive purpose of ensuring the proper dispatch of the newsletter using the email address you have given and, at the same time, completely preventing misuse of your email address by a third party.
When you register for the newsletter, we therefore save your IP address and the date of registration. This storage serves solely as evidence in the event that a third party misuses an email address and signs up for the newsletter without the knowledge of the authorised party.
You can revoke your consent to the storage of the data, the email address and their use for sending the newsletter at any time. The revocation is free of charge and can be done via a link in the newsletters themselves, in your profile area or by notifying the Natura Vitalis® contact options above.
We endeavour to save your personal data by taking all technical and organisational options so that they are not accessible to third parties. However, we cannot guarantee complete data security when communicating by email, so we recommend that you use the postal service when transmitting confidential information.
Right to lodge a complaint with the supervisory authority
According to Article 77 of the GDPR, you as the data subject have the right to complain to the responsible supervisory authority if you believe that the processing of your personal data by us is not lawful.
You can also send any inquiries or other messages directly to us at any time by post, fax or electronically to our contact address above.
Our website can be used without providing personal data. Insofar as personal data (e.g. name, address or email addresses) are collected about you on our website, this is always done, as far as possible, on a voluntary basis on your part.
We also point out that data transmission over the Internet (e.g. when communicating by email) can have security gaps. A complete protection of the data against access by third parties is unfortunately not technically possible at the moment. However, should we specifically become aware of a violation of the protection of your data stored by us, we shall inform you and the responsible supervisory authority in accordance with the legal regulation in Article 33 of the GDPR.
We hereby expressly object to the use by third parties of our abovementioned and published contact information as part of the obligation to provide a legal notice to send unsolicited advertising and information material. As the operator of the website, we expressly reserve the right to take legal action in the event that unsolicited advertising information is sent, such as spam emails.
§ 12 SEVERABILITY CLAUSE
§ 13 CLOSING STATEMENT ON OWN BEHALF
However, since we are convinced of our products and we only want to have satisfied customers, we always reserve the right - without prejudice and recognition of a legal obligation - to provide our customers with goodwill. Therefore, if you are dissatisfied with our products, for whatever reason, you as a customer can always contact us, even if legal or contractual deadlines have expired or if there is no defect in the law. We will then decide on this within the framework of goodwill.
On the other hand, we know that despite our continuous efforts to fulfil our obligations to you as a customer as quickly and perfectly as possible, occasionally mistakes may be made. If this should ever be the case, please call us and the matter will be resolved immediately.
Otherwise, we wish all our customers a lot of pleasure with our products. Stay healthy.
§ 14 ADDITIONAL INFORMATION ON PURCHASE ON ACCOUNT AND DIRECT DEBIT VIA UNZER
Additional Terms and Conditions for Invoice Purchase
Natura Vitalis® GmbH, Essen
Last updated: 20 May 2020