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General Terms and Conditions

Our T’s and C’s

General Terms and Conditions

Natura Vitalis® GmbH

§ 1 Scope of application

These terms and conditions are the basis and source for any delivery of goods or purchase agreements between us,
Natura Vitalis® GmbH

Managing Director: Siegfried Deleske
Adlerstr. 29,
D-45307 Essen

Telephone: +49 (201) 361 260
Fax: +49 (201) 361 2655

Email:    info@naturavitalis.de

hereafter referred to as "Natura Vitalis®", and private purchasers or buyers (consumers) as well as commercial purchasers or clients.

Customers in terms of Terms and conditions are natural persons with whom Natura Vitalis® has business relationships with, unless a commercial or self-employed professional activity can be attributed to the relationship.

Commercial customers in terms of Terms and conditions are natural or legal persons or partnerships with whom a business relationship is entered into, acting on behalf of a commercial or independent professional activity.

Purchasers in terms Terms of business are both consumers and entrepreneurs.

We ask for understanding that we acknowledge, contrary or deviating from the terms and conditions, terms and conditions of a customer only if we expressly agreed to this in individual cases.

§ 2 Conclusion of contract

All Natura Vitalis® offers are subject to change. The products from Natura Vitalis® are natural products. This means, that due to nature, changes to shape, colour and / or weight may occur and do not constitute a defect, and are reserved to reasonable extent.
By ordering goods, the purchaser makes a binding intent to purchase the ordered goods in agreement with the above terms and conditions of Natura Vitalis®. Natura Vitalis ® is entitled to accept the order contract of the offer within two weeks of receipt. Notification of acceptance can occur either in writing or by delivery of the goods to the purchaser.

Should the purchaser order the goods electronically, Natura Vitalis® will promptly confirm the receipt of the order. The confirmation of the receipt of the order does not represent binding acceptance of the order. Confirmation of receipt can be combined with a notification of acceptance.

A contract is concluded subject to correct and timely delivery by the supplier. This only applies in the event the non-delivery is not caused by Natura Vitalis, especially by a congruent covering transaction between Natura Vitalis® and a supplier.

Purchasers will be informed immediately in the event of non-availability of the performance thereof. In this case, any consideration already paid will of course be immediately refunded to the purchaser.

Insofar as an order of the goods is placed by the purchaser electronically, the contract text will be stored by Natura Vitalis® and sent to the customer by email upon request together with these T&Cs.

§ 3 Delivery / Delivery times

In case of a dispatching sales, we strive to provide post-transportable goods within 1-3 working days after ordering.


§ 4 Prices / Payment terms

Unless otherwise stated in the offer or the order confirmation, all prices held "at the head office of Natura Vitalis ®" shall apply. VAT is included in the prices stated by Natura Vitalis®, the statutory amount will be shown separately on the invoice, on the day of the invoice. Shipping costs will be charged separately to the purchaser.

Errors remain reserved for all pricing and discount information from Natura Vitalis® in the internet, brochures or other advertising media. All Natura Vitalis® offers are subject to change. All agreements should in principle be made in writing.

For deliveries to countries outside the European Union, the prices which include German value added tax will be reduced; the local typical import turnover tax or duty is payable by the purchaser.

The deduction of a discount requires special explicit agreement.

Unless otherwise agreed, payment is due for the goods with receipt of the order. The goods ordered by the purchaser are to be promptly paid and free of charge by direct debit or bank transfer; we are then committed to the dispatch of ordered goods basically only after receipt of payment.
If we undertake an exceptional shipment prior to receipt of payment, the goods shall expressly remain our property untill full payment has been received by us. Where the purchaser is in default of payment, default interest will be charged at the statutory rate, amounting to 5% above the current at the time base rate for consumers, and in the amount of 8% above the basic interest rate for commercial customers. Natura Vitalis® reserves the right to charge higher default interest.

A purchaser shall only be set-off if his counterclaims are legally established, undisputed or acknowledged by us. The purchaser is only authorised to exercise a right of retention to the extent that his counterclaim is based on the same contract relationship.


§ 5 Transfer of risk

The risk of accidental loss and accidental deterioration of the goods shall only be borne to the purchaser upon delivery of the goods. Delivery remains the same, if the purchaser is in default of acceptance.

If at the request of the buyer, Natura Vitalis® sends the goods to a place other than the place of business of Natura Vitalis®, the risk is borne to the buyer as soon as Natura Vitalis® passes the goods to the freight forwarder, carrier, establishment or person responsible to carry the shipment. This does not apply if the purchaser is a consumer.

§ 6 Warranty

Natura Vitalis® is obliged to provide the purchaser with goods that are free of material and legal defects. The freedom from material defects shall be in place at the time of transfer of the risk for the merchandise to the purchaser The goods for sale from Natura Vitalis® are natural products. This means, that due to nature, changes to shape, colour and / or weight may occur and do not constitute a defect, and are reserved to reasonable extent.

In the event that a material defect should occur, the warranty entitlement of the purchaser shall initially be restricted to remedial fulfilment. In the event that the purchaser is an entrepreneur, Natura Vitalis® shall, at its own discretion either repair or replace the merchandise to render such a warranty. If the purchaser is a consumer, he or she can first choose whether the subsequent performance will take place by way of rectification or replacement delivery. If the purchaser is not a consumer but a commercial client, the aforementioned right to chose shall be exclusively available to Natura Vitalis®.

The remedial action demanded by the Customer or offered by Natura Vitalis® shall be taken within a reasonable period of time. Natura Vitalis® shall however have the right to refuse the type of remedial action selected if such remedial action would be possible only at unjustified expense to Natura Vitalis® and another type of remedial action remains without substantial disadvantages for the purchaser.

Should the subsequent performance fail, the purchaser may demand a reduction in payment (reduction) or that the contract be cancelled (withdrawal). The purchaser is not entitled to withdraw however in the event of only a minor breach of contract, especially in the case of minor defects.
By obvious defects, the commercial purchaser must rebuke in writing and without delay according to the regulations of the German Commercial Code (HGB). Compliance with this deadline is based on receipt of the notification by Natura Vitalis®. In the event that the commercial customer should fail to render such a notification, the warranty entitlements for this deficiency shall be null and void upon expiration of the statutory period allowed to file claims, provided Natura Vitalis® is not subject to claims of fraudulent intent based on this deficiency. The consumer shall bear the burden of proof for the date the defect was discovered. If the purchaser was persuaded to purchase the item through inaccurate claims by the manufacturer, the consumer shall bear the burden of proof for its purchasing decision.

Should the customer choose to withdraw from the contract on the grounds of a failed state, the customer is not entitled to claims for damages.

Should the customer assert a claim for damages following unsuccessful subsequent performance, the goods shall remain with the purchaser if he deems this reasonable. Compensation for damages is limited to the difference between the purchase price and the value of the defective item. This does not apply if Natura Vitalis® has maliciously caused the breach of contract. This does not affect any further claims for damages due to breach of duty.

For companies the warranty period is twelve months from the date the goods are delivered. For consumers the warranty period is two years from the date the goods are delivered. For used items the warranty period is twelve months from the date the goods are delivered.

Please note that the products from Natura Vitalis®, are natural products. It is in the nature of these products to have only a limited shelf-life. The products must therefore be stored by the purchaser according to the relevant packaging instructions - carefully and preferably in a dry and cool place.

Guarantees principally refer only to guarantees given by the manufacturer, unless, in exceptional cases, Natura Vitalis® should make different provisions or unless the parties have made different agreements.

As far as the products are sold with a manufacturer's warranty or a guarantee of the manufacturer, the claims of the purchaser due to this warranty are exclusively against the manufacturer according to its warranty terms and conditions.

§ 7 Limitation of liability

In the case of slightly negligible breaches of duty liability from Natura Vitalis® shall be restricted to the foreseeable, contractually typical, immediate average damage depending on the type of goods. This also applies in the case of slightly negligible breaches of duty on the part of the legal representatives or vicarious agents. By commercial purchasers, Natura Vitalis® does not offer liability for slightly negligent violation of inessential contractual duties.

The abovementioned limitations on liability do not affect claims made by the purchaser based on product liability. Furthermore, the limitations of liability shall not apply to Natura Vitalis® in case of unattributable bodily or health damages or in case of the purchaser’s loss of life

Claims for damages made by the purchaser due to defects lapse 12 months after delivery of the goods. This shall not apply if Natura Vitalis® can be accused of malice or gross negligence, contrary to expectations, and in the case of damage to the body or health, or loss of life of the customer, as far as Natura Vitalis ® is attributable to each case.

§ 8 Retention of title

The goods supplied shall remain the property of Natura Vitalis® until full payment has been made.
The customer is obliged to treat the goods with care. The customer is obligated to use the product only in accordance with the packaging instructions provided to him/her.

Until full payment of the goods has been made, the customer is obliged to inform Natura Vitalis® immediately of any third party access to the goods, as in the case of a seizure, as well as any damage or destruction of the goods. Similarly, until payment of the goods has been made, the purchaser must notify Natura Vitalis ® immediately and show a change of ownership of the goods or any relocation.

§ 9 Right of Cancellation

If the contract between Natura Vitalis® and a purchaser, who is a consumer, is formed by means of a distance contract, the following applies:

1. Right of cancellation
You have a right to cancel this contract within fourteen days without providing any reasons. The cancellation period is fourteen days from the day on which you our a third party appointed by you, who is not the carrier, last took possession of the goods or in the case of a partial delivery.
To exercise your right of cancellation, you must inform us
Natura Vitalis® GmbH
Adlerstr. 29
D-45307 Essen
Telephone: +49 (201) 361 260
Fax: +49 (201) 361 2655
Email:    info@naturavitalis.de

by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to cancel this contract. You can use the provided sample cancellation form for the goods, but this is not mandatory. If you decide to use this option, we shall send you a confirmation of receipt of such cancellation immediately (e.g. by email).

You can get the sample cancellation form here: Click on the link to download the PDF document.

To maintain the right of cancellation it is sufficient that you send off the notice of your intention to exercise the right of cancellation before the cancellation period expires.

2. Consequences of cancellation
If you effectively cancels the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery other than the cheapest standard delivery offered by us) immediately, and at the latest within fourteen days of the day on which we received the message regarding cancellation of the contract. For this repayment we use the same payment method used by you during the original transaction, unless another payment method was expressly agreed with you; under no circumstances will you be paid compensation as a result of this repayment.

We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, depending on which is earlier.

You must immediately send us back or give us back the goods, and in any case at the latest within fourteen days from the day on which you inform us that this contract is being cancelled. The deadline is considered as complied with if you send off the goods before expiration of the period of fourteen days.

You bear the direct costs of sending back the goods. We are ready to pay the cost of returning the goods, but only to the extent that you only use the return label for return enclosed in the shipment, and at the same time return the goods by using one of the shipping services companies listed on the return label. In the unlikely event that a return sticker is not included with your shipment, this can be requested from us by phone, fax or email.

You must only pay compensation for any loss of value in the goods if this loss of value is due to handling by you not associated with inspection of the quality, properties and functioning of the goods.

3. Exclusion of the right of cancellation
No right of cancellation shall exist for contracts
•    for the supply of goods which are not prefabricated and are an individual selection or relevant to the consumer, decisive for their manufacture or tailored to the personal needs of the consumer,
•    for the supply of goods, which can quickly decay or whose expiry date has quickly passed,
•    for the supply of sealed goods that are suitable for reasons of health or hygiene not to be returned, if your seal has been removed after the delivery,
•    to the delivery of goods, if due to their nature these were mixed after delivery inseparably with other goods,
•    for the supply of alcoholic beverages, the price of which has been agreed upon in the contract, but could be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market, on which, the operator has no influence,
•    for the delivery of audio and video recordings or computer software in a sealed package, if the seal has been removed after the delivery.

§ 10 Place of performance / court of jurisdiction

Place of performance and place of court of jurisdiction is the head office of Natura Vitalis® for commercial customers, provided in case something else is not necessarily defined by law.
The respective contracts shall be governed exclusively by German law. This also applies if the purchaser has their head office abroad.

The European Commission provides a platform for the online dispute resolution. With this link you can find the online-platform http://ec.europa.eu/consumers/odr/ [external Link].

 

§ 11 Data Protection

All personal data is in principle confidential, Natura Vitalis® conforms with this respect to the applicable data protection laws. Data required for the business transaction will be stored and given, within the framework of the implementation of the contract, to third parties whose services Natura Vitalis® uses for the completion of contractual obligations. This only happens when protecting the interests of its members is not affected.
Natura Vitalis® is in particular, entitled to submit customer data to third parties, insofar as this is necessary for the purposes of assignment or collection of receivables.
Address data is collected and processed for the purposes of internal marketing. During data processing, the legitimate interests of the customer, pursuant to the statutory provisions, are taken into account. Customers can contradict the use and processing of their data for marketing purposes at any time by giving written notice to Natura Vitalis® via email, fax or post, or withdraw their consent.

Our contact details:

Natura Vitalis® GmbH
Adlerstr. 29,
D-45307 Essen
Telephone: +49 (201) 361 260
Fax: +49 (201) 361 2655
Email:    info@naturavitalis.de

If you visit our website or purchase our goods via electronic means over our website or should subscribe to a newsletter from us, we further point out in addition, the following:

Use of cookies
To be able to identify and offer special services on the device you use, our websites uses so-called “Cookies”.
Cookies are small files which make it possible to save certain, device-specific information on the user’s access device (PC, smartphone etc.) They help make websites more user-friendly for the benefit of the user (e.g. storing login data). They also help record the statistical data for the website use, and aid analysis to help improve the service.
As the user, your can control the usage of cookies on your used browser settings. Most browsers have an option which allows the user to restrict or completely prevent the saving of cookies. However, we must point out that the use of our website and particular the user experience may be restricted without cookies.

Google Analytics
In order to make our website www.naturavitalis.de even more customer-friendly, our website also uses Google Analytics, a web analysis service from Google Inc. ("Google").
Google Analytics also uses what are known as “cookies”. These are text files which are stored on the user’s computer and permit the analysis of use of the website. The information about our user’s use of this website gathered by the cookie is, as a rule, transmitted to a Google server in the USA and stored there.

However, if IP anonymisation has been activated on this website, then Google will first abbreviate your IP address as a Google user if you are in a member state of the European Union or in other contractual states of the European Economic Area. Only in exceptional cases is your complete IP address sent to a Google server in the USA and abbreviated there. IP anonymisation is active on this website. On our behalf, as operator of the website, Google will use this information to evaluate the user’s use of the website for the purposes of generating reports on website activity in order to provide the website operator with further services related to website and internet use.

The IP address transmitted from your browser within the framework of Google Analytics will not be collated with other data from Google. You can prevent the storage of cookies by using the appropriate setting in your browser software; however we would like to point out that if you do this, you may not be able to use all functions of this website to their full extent.

In addition, you as the user can prevent Google from collecting the data on your use of the website (including your IP address) generated by the cookie, and also prevent the processing of this data by Google by downloading and installing the browser plugin available via the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

As an alternative to the browser add-on or within browsers on mobile devices, please click this link to prevent future data collection by Google Analytics within this site. This will then place an opt-out cookie on your device. If you delete your cookies, you will have to click on this link again.

Newsletter
With our free email newsletter we will gladly continuously inform you about us and our offers. If you wish to receive our newsletter, we require a valid email address and information that allows us to verify that you are the owner of the provided email address and that the owner of the email address agrees to receive the newsletter.

If you wish to receive the newsletter, we require a valid email address and information that allows us to verify that you are the owner of the provided email address and that the owner of the email address agrees to receive the newsletter. Further data is not gathered. This data is used only for sending your our newsletter and is not passed on to third parties. We share this information only with service providers authorised by us with the sole purpose to ensure correct sending of the newsletter using your supplied email address. At the same time, this prevents abuse of your email address by a third party.
By registering for the newsletter, we store your IP address and the date of the registration. This saving of data is used as evidence in the case that a third party should abuse an email address and registers it without the knowledge or concent of the person entitled to receive newsletter.

You can revoke your consent to the storage of the data and email address, as well as their use for the delivery of the newsletter, at any time. Revocation can be made via a link within the newsletter itself, in your profile area or by notifying us via the above contact information.

If you require information or have any questions in relation to the collection, processing or use of your personal data or in the event of the correction, blocking or deletion of data or if necessary the withdrawal of any consent which has been granted, please contact us.

Our contact details:

Natura Vitalis® GmbH
Adlerstr. 29,
D-45307 Essen
Telephone: +49 (201) 361 260
Fax: +49 (201) 361 2655
Email:    info@naturavitalis.de
 

§ 12 Severability clause

If one of the above provisions should be, or become partially or completely ineffective, this will not affect the remaining provisions. An effective provision which the parties would have agreed to if they had knowledge of the invalidity of the provision at the time of the conclusion of the contract - as far as legally permissible - shall take the place of the invalid provision.

§ 13 Closing statement on own behalf

For legal reasons, we are obliged to carry out the above terms and conditions in this form and this content.
We are convinced of our products and strive for the satisfaction of our customers, we reserve the right - without prejudice and acknowledgment of a legal obligation - of course with the intent in providing our customers with respect to goodwill. Should you for whatever reason, be dissatisfied with our products, you can always contact us as the customer, even if legally defined deadlines have expired or if a defect should not be present as a matter of law. We will then be in the framework of good will.

On the other hand, we know that despite our continuous efforts and our commitments to provide you a service as quickly and as perfectly as possible, that sometimes errors can occur. If this should be the case, please call us and we will immediately smooth things out.

We hope that all of our valued customers otherwise enjoy our products.

Natura Vitalis® GmbH, Essen
Version: 25 November 2015

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