General Terms and Conditions - vitalakademie Marketing und Organisation GmbH
§ 1 Validity, definitions of terms
(1) vitalakademie Marketing und Organisation GmbH, 4020 Linz, Langgasse 1-7, Österreich (im Folgenden: „wir“ oder „Vitak Outlet“) betreibt unter der Webseite einkauf@vitalakademie.at einen Online-Shop für Waren. Die nachfolgenden allgemeinen Geschäftsbedingungen gelten für alle Leistungen zwischen uns und unseren Kunden (im Folgenden: „Kunde“ oder „Sie“) in ihrer zum Zeitpunkt der Bestellung gültigen Fassung, soweit nicht etwas anderes ausdrücklich vereinbart wurde.
(2) "Consumer" in the sense of these terms and conditions of business is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership equipped with the ability to acquire rights and enter into obligations.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at einkauf@vitalakademie.at.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding offer to enter into a contract by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the appropriate button (e.g. "Add to shopping cart", "Add to shopping bag" or similar),
- Check the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. "Continue to checkout", "Continue to payment", "To order overview" or similar),
- Input/check of address and contact data, selection of payment method, confirmation of the general terms and conditions and cancellation policy,
- Completion of the order by clicking the button "Buy now". This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days at the e-mail address provided.
(4) Im Falle des Vertragsschlusses kommt der Vertrag mit vitalakademie Marketing und Organisation GmbH, 4020 Linz, Langgasse 1-7, Österreich zustande.
(5) Before placing an order, the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the revocation instruction, is carried out by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) With our online shop is subject matter of the contract:
- The sale of goods. You can see the concrete offered goods on our article pages.
(2) The essential characteristics of the product are given in the description of the article.
(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, payment claims are due for payment immediately.
(3) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not shown as free of shipping costs. The shipping costs will be clearly indicated again on the offers, in the shopping cart system if applicable and on the order overview.
(4) All offered products are, unless clearly stated otherwise in the product description, immediately ready for dispatch (delivery time: 3 to 5 working days after receipt of payment).
(5) The following supply area restrictions exist: Delivery is made to the following countries: Germany, Italy, Croatia, Poland, Slovakia, Slovenia, Czech Republic, Hungary, Austria.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of revocation
As a consumer you have a right of withdrawal. This depends on our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence.
(2) We shall be liable without limitation in the case of slight negligence in the event of injury to life, body or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial losses attributable to this shall be limited to the foreseeable damage typical of the contract. A material contractual obligation is one whose fulfilment is essential for the proper execution of the contract, whose violation endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and to fulfil the contractually owed performance, which is described in § 3.
§ 8 Contract language
German is the sole contractual language.
§ 9 Warranty
(1) The warranty is based on the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item(s) or the digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ Article 10 Final provisions
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.