Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (Vitalplant GmbH) via the website https://vitalplant.de. Unless otherwise agreed, any terms and conditions you may use are expressly rejected.
(2) A consumer, within the meaning of the following provisions, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person or a legally responsible partnership acting in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time via the appropriate button in the navigation bar and make changes there. After accessing the “checkout” page and entering your personal data as well as payment and shipping conditions, all order details will be displayed again on the order summary page. If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofort), you will either be taken to the order summary page in our online shop or first redirected to the website of the instant payment provider. If redirected to the respective instant payment system, please make the appropriate selection or enter your data there. You will then be returned to our online shop on the order summary page. Before submitting the order, you have the opportunity to review, change (also using the “back” function of your internet browser), or cancel your order. By submitting your order via the “buy” button, you legally accept our offer, and the contract is concluded.
(4) Your inquiries for a quote are non-binding. We will send you a binding offer in text form (e.g., by email), which you can accept within 5 days.
(5) Order processing and transmission of all information required in connection with the conclusion of the contract will be carried out by email, partly automated. You must therefore ensure that the email address you provide to us is correct, that you can technically receive emails, and that receipt is not prevented by SPAM filters in particular.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment by Invoice and Financing through Klarna Germany
In cooperation with Klarna, we offer you the option to pay by invoice. Please note that Klarna Invoice is only available to consumers and that payment must always be made to Klarna.
Klarna Invoice
When you choose to pay by invoice with Klarna, you always receive the goods first and then have a payment period of 14 days. The complete terms and conditions for purchase on account can be found on the Klarna website.
Data Privacy Notice: Klarna will review and assess the information you provide and, where there is legitimate interest and reason, may exchange data with other companies and credit agencies. Your personal data will be handled in accordance with applicable data protection laws and as described in Klarna’s privacy policy.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
(3) If you are a business customer, the following additional terms apply:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transferring ownership as security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from such resale in the amount of the invoice value, and we accept this assignment. You are still authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We reserve the right to choose which securities to release.
§ 5 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If you are a business customer, the following provisions apply in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the condition of the goods; other advertising, public promotions, or statements by the manufacturer are not binding.
b) In the event of defects, we will provide warranty at our discretion by repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy is considered to have failed after the second unsuccessful attempt, unless otherwise indicated by the nature of the goods, the defect, or other circumstances. In the case of repair, we are not required to bear the increased costs arising from transporting the goods to a location other than the place of fulfillment, unless such transport is consistent with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
-to damages culpably caused by us resulting in injury to life, body, or health, or to other damages caused intentionally or by gross negligence;
-if we have fraudulently concealed a defect or have assumed a guarantee for the condition of the goods;
-for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness;
-for statutory recourse claims you have against us in connection with defect rights.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of their habitual residence.
(2) The place of performance for all services arising from our business relationships as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
II. Customer Information
1. Seller’s Identity
Vitalplant GmbH
Gustav-Kramer-Weg 1
87700 Memmingen
Germany
Phone: 08331 4908695
Fax: 08331 80510
Email: support@vitalplant.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr
2. Information on Contract Formation
The technical steps for concluding a contract, the contract conclusion itself, and correction options are governed by the "Contract Formation" provisions in our General Terms and Conditions (Part I).
3. Contract Language and Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or electronically save your contract data using your browser’s print function. After we receive your order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests made outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, for example by email, which you can print or save electronically.
4. Key Features of Goods or Services
The key features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers as well as shipping costs are total prices. They include all price components including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the order process, and must be paid by you in addition, unless free shipping has been promised.
5.3. Any costs incurred for money transfers (bank transfer or currency exchange fees) must be borne by you if the delivery is to an EU member state but payment is made from outside the European Union.
5.4. The available payment methods are shown via a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.
6. Delivery Terms
6.1. The delivery terms, delivery date, and any existing delivery restrictions can be found via a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or deterioration of the sold goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured. This does not apply if you have independently commissioned a shipping company not named by the seller or another person designated to carry out the shipment. If you are a business customer, delivery and shipment are at your risk.
Statutory Warranty Rights
The warranty is governed by the "Warranty" provision in our General Terms and Conditions (Part I).