General Terms and Conditions and Customer Information

I. General Terms and Conditions

Section 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Vitalplant GmbH) via the website https://vitalplant.de enter into. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a legal partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

Section 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract under the conditions specified in the item 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" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping terms, all order details will be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or first redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop. Before submitting the order, you have the opportunity to review all information again, change it (also using the "back" function of your internet browser), or cancel the purchase. By submitting the order via the "buy" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days.

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.

Section 3 Special Agreements on Offered Payment Methods

(1) Payment by invoice and financing via Klarna Germany

In cooperation with Klarna, we offer purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made directly to Klarna.

Klarna Invoice

When purchasing on account with Klarna, you always receive the goods first and always have a payment period of 14 days. You can find the full terms and conditions for purchase on account on the Klarna website.

Privacy notice: Klarna checks and evaluates the data you provide and, where there is legitimate interest and reason, maintains an exchange of data with other companies and credit agencies. Your personal data will be processed in accordance with the applicable data protection regulations and in line with the information in Klarna's privacy policy.

Section 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring ownership by way of security of the reserved goods is not permitted before title passes.

b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims arising from the resale up to the amount of the invoice total; we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of 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 insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

Section 5 Warranty

(1) The statutory rights for defects apply.

(2) As a consumer, you are requested to inspect the item immediately 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 has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own statements and the manufacturer's product description are deemed agreed as the quality of the item, but not other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we shall provide warranty service at our discretion by repair or replacement. If the remedy of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after the second unsuccessful attempt, unless something else arises in particular from the nature of the item or the defect or from other circumstances. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless the transport corresponds to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

-to damages attributable to us that were culpably caused by injury to life, body, or health and to other damages caused intentionally or by gross negligence;

-insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;

-for items that have been used for a building in accordance with their customary use and have caused its defectiveness;

-for statutory recourse claims that you have against us in connection with rights arising from defects.

Section 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.

(2) The place of performance for all services arising from the business relationship existing with us and the place of jurisdiction is our registered office, provided that 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 brought.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

Vitalplant GmbH
Gustav-Kramer-Weg 1
87700 Memmingen
Germany
Tel.: 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 the Formation of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions under "Formation of the Contract" in our General Terms and Conditions (Part I).


3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. Any shipping costs incurred 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 ordering process, and must be borne by you in addition, unless free shipping has been promised.

5.3. Costs incurred for money transfers (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

5.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your risk.

Statutory liability for defects

Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).