General Terms and Conditions
- hereinafter referred to as InnovaVital GmbH -
These terms and conditions are the basis for all deliveries and services of InnovaVital GmbH. Deviating and / or supplementary agreements require the express written consent of InnovaVital GmbH. An agreement by e-mail is sufficient.
All offers of InnovaVital GmbH on the Internet pages operated by InnovaVital GmbH are non-binding and subject to change. Small deviations and technical changes from our illustrations or descriptions are possible. The contract is concluded by completing the order process on the Internet pages operated by InnovaVital GmbH and confirmation of the order by InnovaVital GmbH by e-mail or execution of the order by Innova Vital GmbH.
- >Prices and terms of payment
The prices shown on the Internet pages operated by InnovaVital GmbH at the time of the order. All prices are final prices in euros and include VAT at the current rate of 7 percent. Obvious price errors reserved. The order is made by advance payment for the first order, subsequent orders by invoice. A settlement of mutual claims is only possible with the express written consent of InnovaVital GmbH.
- delivery, delivery times and shipping costs
The delivery is carried out by DHL. The postage within Germany is covered by Innova Vital GmbH. For delivery within the EU, the amount of postage depends on the individual country tariffs, no shipping outside the EU. Goods in stock will be shipped within one business day after receipt of order. For goods not in stock, the delivery time can be up to four weeks after receipt of order. For the possibility of delivery InnovaVital GmbH is dependent on the timely self-delivery. If the delivery fails for reasons for which InnovaVital GmbH is not responsible, InnovaVital GmbH can withdraw from the contract. InnovaVital GmbH undertakes to inform the customer in good time. Any payments made will be refunded immediately. In this case, the customer is not entitled to compensation. Partial deliveries are permissible, unless the customer has no apparent interest in them or they are not reasonable.
- instruction about the right of exchange and return.
All items purchased from InnovaVital GmbH can be returned within one week after receipt of the goods, without giving reasons. The period begins at the earliest with receipt of the goods and this instruction. To meet the deadline, it is sufficient to send the goods in time.
The right of return exists only for faultless, not opened goods. Furthermore, the right of return according to § 312d IV BGB does not apply to unsealed audio, video or software data carriers or to the delivery of goods that have been manufactured according to customer specifications (e.g. special orders that have to be specially ordered). Payments made by the contractual partner shall be made within 5 working days after receipt of the returned goods by bank transfer to an account in Germany to be named by the customer.
The return shipment must be made to the company address stated above.
The return shipping costs will be borne by InnovaVital GmbH. The return must be sufficiently stamped. The postage costs for the return (based on the cheapest possible shipping method of Deutsche Post AG) will be refunded within 5 working days after receipt of the goods to an account in Germany to be named by the customer. If InnovaVital GmbH incurs additional costs due to insufficient franking of the return shipment, these costs will be offset against any payments made by the customer. InnovaVital GmbH expressly reserves the right to claim compensation for damaged goods. If the customer is responsible for deterioration, destruction or other impossibility, he has to compensate the reduction in value; § § 351 and 353 BGB are not applicable.
The return of the goods must be made in the original packaging. If this should not be possible, the customer must provide for a packing, which excludes a damage of the commodity. The customer shall be liable for any damage to the goods caused by inadequate packaging.
Obvious defects (especially damage, wrong deliveries or quantity discrepancies), transport damage or other defects must be notified to InnovaVital GmbH immediately in writing, but no later than within a period of 7 calendar days after receipt of the goods. The notification by e-mail to email@example.com is sufficient.
- transfer of risk
The goods are delivered at the risk of the customer. The risk passes to the customer when the goods are handed over to the transport company. This also applies if InnovaVital GmbH has assumed the transport costs. Complaints due to transport damage (eg damaged packaging upon receipt of the goods), the customer has directly to the transport company within the time limits provided for it to assert.
InnovaVital GmbH guarantees that the sold goods at the time of the transfer of risk is free of material and manufacturing defects and has the contractually guaranteed properties. The statutory warranty period of two years from the date of invoice applies. The warranty does not cover normal wear and tear.
Claims of the customer for damages, e.g. for non-performance, culpa in contrahendo, breach of contractual obligations, consequential damages, damages in tort and other legal grounds are excluded. Exceptions to this InnovaVital GmbH is liable in the absence of a warranted quality, intent or gross negligence. Claims under the Product Liability Act are not affected. If defects occur, which InnovaVital GmbH is responsible for, and is in the case of the exchange of the goods also the replacement delivery defective, the buyer has the right to rescission or reduction.
InnovaVital GmbH assumes liability neither for the constant and uninterrupted availability of the Internet pages operated by InnovaVital GmbH nor for technical or electronic errors of the online offer.
- reservation of proprietary rights
All deliveries are made under reservation of title. The delivered goods remain the property of InnovaVital GmbH until full payment of the purchase price.
- data storage/data protection
In accordance with §28 BDSG (Federal Data Protection Act), we would like to draw your attention to the fact that the data required in the course of business are processed and stored by means of an EDP system in accordance with §33 BDSG. All personal data collected from the customer will be treated confidentially. Exclusively in the context of order processing (payment, shipping), the necessary data will also be used in relation to third parties. At any time you can get free information about the data stored about you. To do so, please send an e-mail to firstname.lastname@example.org. For data protection reasons, the answer to the mail can only be made to the e-mail address stored at InnovaVital GmbH.
- place of jurisdiction
Jurisdiction for all disputes in connection with the delivery business is, if agreed, the jurisdiction of InnovaVital GmbH. The registered office of InnovaVital GmbH is agreed as the place of jurisdiction in the event that the contractual partner has no general jurisdiction in Germany or the contractual partner moves his residence abroad after conclusion of the contract or the residence of the contractual partner is not known at the time the action is filed. With regard to all legal relationships arising from this contractual relationship, the contractual partners agree to the application of the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Mitterbachweg 4, 83224 Grassau
Tel: +49 (0)8641 69290-0, Fax: +49 (0)8641 69290-60
HRB Traunstein 15892
UID: DE 237628799
- additional provision
The invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions. Void or ineffective conditions will be replaced by the legal provisions. Status 10/2011
Notes Installation: By using the <File> <Save As> command in your browser, you can save the T&Cs locally. Note Printing: By using the <File> <Print> command in your browser, you can print the T&Cs. Note on the contact and imprint page: Contact at: www.innova-vital.de
Infringement of property rights: If you suspect that one of your property rights is infringed by the Internet pages operated by InnovaVital GmbH, please inform us immediately by e-mail to email@example.com, so that a remedy can be found quickly. Please note that the more time-consuming involvement of a lawyer for the service provider's costly warning does not correspond to its real or presumed will. We strive to fully comply with all legal requirements, regulations and information obligations. If you suspect that this is not the case, please inform us immediately by e-mail to firstname.lastname@example.org so that a remedy can be found quickly. Please note that the more time-consuming involvement of a lawyer to issue a warning notice at the service provider's expense does not correspond to the service provider's real or presumed intention.