(The GTC below also contain statutory information on your rights under the regulations on distance selling contracts and in electronic business transactions.)
- Scope of Application
- Offers and Statements of Work
- Order Process and Contract Conclusion
- Prices and Shipping Costs
- Delivery, Availability of Goods
- Payment Terms
- Retention of Title
- Warranty for Material Defects and Guarantee
- Liability
- Retention of the Contract Text
- Data Protection
- Place of Jurisdiction, Applicable Law, Contract Language
1. Scope of Application
1.1. – The business relationship between IVOVITAL, proprietor: Navina Berretta, (hereinafter “Seller”), and the customer (hereinafter “Customer”) shall be exclusively governed by the following General Terms & Conditions in the version applicable as of the order date.
1.2. – For questions, complaints and objections, you can contact our customer service by e-mail to mail@ivovital.de.
1.3. – Consumers in the sense of these GTC shall mean every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (section 13 BGB (German Civil Code)).
1.4. – Deviating terms and conditions of the Customer shall not be acknowledged, unless the Seller expressly agrees to their application.
2. Offers and Statements of Work
2.1. – The presentation of the products in the online shop shall not be a legally binding offer, but only an invitation to place an order. Statements of work in catalogues as well as on the websites of the Seller shall not have the character of an assurance or a guarantee.
3. Order Process and Contract Conclusion
3.1. – The Customer may select products from the Seller’s range without any commitment and collect these in a so-called ‘cart’ via the [Add to cart] button. Subsequently, the Customer may complete the order process within the shopping cart via the [Checkout] button.
3.2. – Using the [Buy] button, the Customer shall submit a binding request for the purchase of the goods in the cart. Before sending the order, the Customer may modify and access the data at any time. Required details have been marked with an asterisk (*).
3.3. – Thereupon, the Seller shall send the Customer an automatic acknowledgement of receipt by e-mail in which the Customer’s order shall be specified again and which may be printed out by the Customer via the “Print” function (order confirmation). The automatic acknowledgement of receipt shall solely document that the Customer’s order was received by the Seller and shall not be an acceptance of the request. The purchase contract shall materialise only after the Seller has sent the ordered product to the Customer within 2 days, handed it over or confirmed its dispatch to the Customer within 2 days by a second e-mail, explicit order confirmation or sending of the invoice.
3.4. – If the Seller allows advance payment, the contract shall materialise upon provision of the bank data and request for payment.
4. Prices and Shipping Costs
4.1. – All prices indicated on the Seller’s website shall include the respective applicable statutory value added tax.
4.2. – In addition to the indicated prices, the Seller shall charge shipping costs for the delivery. The shipping costs shall be clearly communicated to the purchaser on a separate information page and within the order process.
4.3. – For orders of EUR 50 or more, shipping within Germany shall be free of charge.
5. Delivery, Availability of Goods
5.1. – To the extent that advance payment has been agreed, delivery shall be effected after receipt of the invoice amount.
5.2. – Customers shall be notified of delivery times and delivery restrictions (e.g. restriction of deliveries to specific countries) on a separate information page ore within the respective product description.
6. Payment Terms
6.1. – The Customer may select one of the available methods of payment within and before completing the order process. Customers shall be notified of the available means of payment on a separate information page.
6.2. – If payment by invoice is possible, payment must be effected within 30 days after receipt of both the goods and the invoice. For all other payment methods, payment must be effected in advance without deduction.
7. Retention of Title
The Seller shall retain title to the delivered goods until they have been paid in full.
8. Warranty for Material Defects and Guarantee
8.1. – The warranty shall be governed by the legal regulations.
8.2. – Any guarantee for the goods delivered by the Seller shall apply only if it has expressly been given. Customers shall be informed about the guarantee terms before the order process is initiated.
9. Limitation of Liability
9.1. – For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- for injury to life, body or health,
- for breach of duty by wilful intent or gross negligence,
- for promise of guarantee, where agreed, and
- to the extent that the area of application of the German Product Liability Act applies.
The amount of liability for any violation of essential contractual obligations, the fulfilment of which is a prerequisite for enabling proper implementation of the contract in the first place and on compliance with which the contracting partner may regularly rely (cardinal obligations), by slight negligence by us, our legal representatives or vicarious agents shall be limited to any damage foreseeable upon conclusion of the contract the occurrence of which must typically be expected.
9.2. – The trouble-free and/or constantly available communication of data via the Internet may not be warranted at the current stage of technology. We shall be liable neither for the permanent nor uninterrupted availability of our online trading system in this respect.
Maintenance work as well as server shutdowns or restarts in a given case by be required to ensure the continuity of the shop system. Temporary service restrictions may thus occur as well. This shall also apply to service restrictions of other origin that we cannot influence (such as malfunctions in public communication networks, power failures, denial of service attacks, strikes).
9.3. – Other than that, claims for damages shall be excluded. We shall not be liable for the slightly negligent breach of any duties other than the ones specified in the sentences above.
10. Retention of the Contract Text
10.1. – Before placing the order with the Seller, the Customer may print the contract text out by using the print function of the Customer’s browser in the last step of the order process.
10.2. – Moreover, the Seller shall send the Customer an order confirmation with all order data to the e-mail address indicated by the Customer. Together with the order confirmation, the Customer shall further receive a copy of the GTC along with revocation instructions and the notes on shipping costs as well as delivery and payment terms. Where you have registered in our shop, you may access the orders placed by you in your profile section. In addition, we shall retain the contract text, but shall not make it accessible on the Internet.
11. Data Protection
11.1. – The Seller shall process personal data of the Customer for a specific purpose and under the legal provisions.
11.2. – The personal data indicated for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller to perform and handle the contract. This data shall be treated confidentially and shall not be disseminated to third parties not involved in the order, delivery and payment process.
11.3. – The Customer shall have the right to obtain access to the personal data retained by the Seller about the Customer upon request and free of charge. In addition, the Customer shall have the right to request rectification of inaccurate data, blocking and erasure of own personal data, unless this conflicts with any statutory retention obligation.
11.4. – Further information about nature, scope, place and purpose of the collection, processing and use of the necessary personal data by the Seller can be found in the privacy policy.
12. Place of Jurisdiction, Applicable Law, Contract Language
12.1. – If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction and performance shall be the Seller’s seat.
12.2. – The contract language shall be German.
12.3. – The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Sales Law. Mandatory provisions of the country in which the Customer’s usual abode is located shall remain unaffected.
12.4. – The European Commission provides an Online Dispute Resolution (ODR) platform, which you can find at https://ec.europa.eu/consumers/odr. We are not willing to take part in any extrajudicial arbitration proceedings. Our e-mail address is mail@ivovital.de.
