“Terms and Conditions”
§ 1 Field of application
The following terms and conditions apply between naVitalo UG (limited liability) and the customer in their current version at the time of the order.
§ 2 Formation of contract
- The language of contract is exclusively German.
- The presentation of goods on navitalo.de is not a legally binding conclusion of contract. It solely illustrates the offered goods in an online catalogue. Only the order of a products through the customer constitutes a legally binding contract of purchase. The customer makes a binding offer for the products in his shopping cart by clicking “Confirm purchase” on the page “Check & order”. The confirmation of purchase takes place together with the acceptation of order with an automated email. With this email confirmation the purchase is effected.
After receiving the order naVitalo will send an order confirmation including all purchase details. By doing so, the purchase contract is confirmed. Only orders of common household amounts are accepted. This also applies if one costumer should order more than once, even though the single purchases do not exceed the quantity of products.
- The receipt of confirmation applies along the terms and conditions by mail, email or fax for business customers.
- naVitalo only accepts contracts with costumers of legal age.
§ 3 Cancellation right
You can revoke your contract declaration within 14 days without giving reasons in text form (eg letter, fax, e-mail) or – if the matter is left to you before the deadline – by returning the goods. The period begins upon receipt of this instruction in text form but not before receipt of the goods by the consignee (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information requirements pursuant to Article 246 § 2 in conjunction with § 1 para (1) and (2) of the German Civil Code as well as our obligations pursuant to § 312 g Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 of the German Civil Code. The timely dispatch of the revocation or of the goods is sufficient to ensure the revocation period. The revocation must be sent to:
NaVitalo UG (limited liability)
Chief executive Volker Barthel
Düsseldorfer Straße 12
45481 Mülheim an der Ruhr, Germany
In the case of an effective revocation, the services received at both ends must be returned and any benefits (eg interest) drawn. If you can not or do not return or receive the received performance as well as usages (e.g., advantages of use), or only in a deteriorated state, you must provide us with this information. For the deterioration of the goods and for drawn uses, you must only afford the value of the goods, as far as the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the function. The “testing of properties and functioning” is the testing and testing of the respective goods, as is possible and customary in the store business.
Transportable items are to be returned at our risk. You must pay the regular cost of the return if the delivered product corresponds to the ordered and if the price of the returned item does not exceed an amount of € 40, – or if at a higher price of the thing at the time of the revocation not yet the consideration Or a contractually agreed partial payment. Otherwise, the return is free for you. Non-package items will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your declaration of revocation or the thing, for us with their receipt.
End of revocation
Exclusion of revocation:
The above right of withdrawal exists only if you have concluded the distance agreement as a consumer. Consumers are any natural person who enters into a legal transaction for a purpose which can not be attributed to their commercial or independent professional activity.
Even with consumers, the right of withdrawal does not apply to remote sales contracts:
- for the delivery of goods which are made according to customer specifications or which are clearly tailored to the personal requirements or which are not suitable for a return or which can be spoiled quickly or whose expiry date would be exceeded.
§ 4 Availability of goods
naVitalo is eligible to retreat from the contract if naVitalo does not received the goods from their suppliers on time. A right to retreat does not apply if naVitalo was responsible for the non-availability of products. The customer will be informed about the missing availability promptly.
The consideration will be refunded immediately.
§ 5 Conditions of shipping
- Unless agreed differently, the order will be delivered to the provided mailing address. Business customers in line with the agreed Incoterms 2010.
- Deliveries will be only made to the following countries: Germany, Austria, Ireland, Denmark, Belgium, Romania, Luxembourg, the Netherlands, Bulgaria, Poland, Greece, Sweden, Liechtenstein, Spain, Great Britain, Portugal, Italy, France and Finland. Products under compulsory refrigeration will solely be shipped within Germany to adhere the chain of refrigeration. In this case naVitalo only guarantees the compliance of the legal maximum temperature if the costumer chooses the shipping method “DHL express parcel” and only if the first attempt of delivery at the provided address is successful.
- Deliveries within Germany can be send as “DHL standard parcel” or “DHL express parcel”. Deliveries outside of Germany can only be send as “DHL Europe parcel”.
- If reasonable, naVitalo is entitled to partial deliveries and the customer only has to pay the shipping costs of the entire order as if send in one parcel.
- The client is obliged to ensure that he personally, or an authorised person of legal age, accepts the delivery. The customer releases naVitalo from claims of third parties that might emerge from a violation of this obligation.
- Navitalo is eligible to demand compensation for possible additional costs if the customer is in default of acceptance or violates the duties of collaboration. Further claims remain reserved.
- The risk of a accidental loss or accidental deterioration of the purchased goods shall pass to the customer at the time when the customer has fallen into default of acceptance.
§ 6 Prices
- The prices are valid at the time of the order. All prices are inclusive of the applicable German statutory value-added tax.
§ 7 Conditions of payment
- For online customers, the purchase price is payable with the condition of the purchase contract.
- The contractually agreed payment terms apply to business customers.
- The online customer has the right to pay per Pay-Pal.
- The possibility to deduct the cash discount only exists in accordance with a separate agreement.
- In the event of the non-payment or the return of a direct debit, the customer hereby irrevocably authorises his bank to notify naVitalo of its name and current address. Possible reimbursement charges, which have been charged to naVitalo for the reasons for which the customer is responsible, may be claimed by naVitalo from the customer.
§ 8 Simple reservation of ownership
The goods delivered remain the property of naVitalo until full payment of the purchase price.
§ 9 Extended retention of title for entrepreneurs
If the customer is an entrepreneur, i. A natural or legal person or a legal person who is acting at the conclusion of the legal transaction in the exercise of his commercial or independent professional activity, the customer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, the customer shall now assign to naVitalo all receivables from such a resale, equal to the final invoice amount (including VAT), whether this is done before or after any processing of the goods subject to retention of title. Notwithstanding the power of naVitalo to collect the claim itself, the customer remains empowered to collect the claim even after assignment. In this regard, naVitalo undertakes not to collect the claim as long as and insofar as the customer complies with his payment obligations, no application for the opening of insolvency or similar proceedings has been filed and no payment has been made. If this is the case, naVitalo can demand that the customer notify naVitalo of the assigned claims and their debtors, make all the necessary information for collection, hand over the related documents and notify the debtors of the assignment. Insofar as the above-mentioned collateral exceeds the claims to be secured by more than 10%, naVitalo is obliged to release the collateral according to the selection of naVitalos to the customer’s request.
§ 10 Warranty
If there is a defect in the ordered goods, the statutory provisions apply.
§ 11 Liability
- naVitalo shall be liable for damages in the event of intent and gross negligence.
- Liability for simple negligence exists only in the event of damage resulting from injury to life, body or health, or in the event of a breach of a contract which is essential for the fulfillment of the contract or the breach of the contractual purpose The customer regularly (cardinal obligation). In case of negligent violation of cardinal obligations, the liability is limited to contractual and foreseeable damages.
- Unaffected is a liability independent of the law (eg according to the Product Liability Act) and liability arising from the possible assumption of a guarantee.
- The legal representatives, employees and vicarious agents of naVitalo are not liable more than naVitalo itself. NaVitalo is not a manufacturer of the goods offered on this website, unless this is expressly stated. The product packaging and related documents may contain information that differs from and / or differentiates from the information provided on our website. We therefore recommend that you do not rely solely on the information displayed on our website, but always carefully read the labels, warnings and instructions supplied with the goods before using the goods. Please also note our full disclaimer below.
§ 12 Data protection
§ 13 Shipping
Please refer to the shipping information for shipping and handling.
§ 14 Other matters
- The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law. This also applies if ordered from a country other than Germany or delivered to a country other than Germany.
- If the customer is a merchant, the exclusive jurisdiction in case of contention coherent with the business relation is Oberhausen. The same jurisdiction applies where the client’s place of residence or habitual residence is not known at the time the action is brought. If the customer does not have a general court of jurisdiction in Germany, exclusive jurisdiction is the domicile of naVitalo in Oberhausen.
- Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.
§ Dispute settlement:
The European Commission provides a platform for online dispute settlement (OS), which can be found here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of their disputes.