General terms and conditions
Scope of application
The following terms and conditions apply to all orders placed via our online shop.
Orders can be placed by both consumers and entrepreneurs (hereinafter referred to as the customer). The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
Contracting party, conclusion of contract, correction options
The purchase contract is concluded with:
Owner: Winfried Büth
Wewelsburger Straße 4
Commercial register: AG Paderborn
VAT ID No.: DE288076371
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process.
By clicking the order button, you place a binding order for the goods contained in the shopping basket.
The seller may accept the offer within five days by sending the customer a written order confirmation in text form (via e-mail). The receipt of the order confirmation by the customer is decisive.
The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
When an offer is made via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. The invoice is also sent by e-mail. The customer agrees to an invoice transmitted electronically when placing the order.
The contractual language in Germany is German, in other countries German or English.
Right of withdrawal
Consumers have a fourteen-day right of withdrawal
Consumers have the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us viveroo GmbH, Wewelsburger Straße 4, 33154 Salzkotten, email@example.com of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use our sample cancellation form, which you can find here, but which is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us viveroo GmbH, Wewelsburger Straße 4, 33154 Salzkotten, without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Prices and terms of payment
The list prices at the time of the order apply to the delivery. Unless otherwise stated in the Seller’s offer, the prices quoted are final prices which include the statutory value added tax.
The customer has various payment options at his disposal, which are pointed out to him in this online shop.
If bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date. Once your payment has been credited to our accounts, the ordered products will be dispatched to you immediately upon availability.
A payment shall only be deemed to have been made when the seller or the third party authorised by the seller can dispose of the amount.
Refunds of the purchase price shall be made, as far as possible, by the same payment method as the payment was made by the customer to the seller. Payment by cash on delivery is excluded from this. In this case, the refund will be made by bank transfer to the customer’s bank account.
Delivery, shipping and transfer of risk
Orders and deliveries are generally possible to the countries that are currently selectable in the country selection of our online shop, if there are no legal regulations to the contrary. Should you require delivery to another country, we will be happy to try and help you further.
The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. In the case of an order placed via the Seller’s online order form, the delivery address specified in the online order form shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay. Delays in delivery caused by legal or official orders (e.g. import and export restrictions) for which the Seller is not responsible shall extend the delivery period in accordance with the duration of such obstacles. The Seller shall notify the Customer of the beginning and end of such periods without delay in important cases. The delivery may also be extended by the time until the customer has handed over all information and documents which are necessary for the execution of the order.
Retention of title
With respect to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
With respect to entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
Rescission in the event of deterioration of assets
The Seller may withdraw from the contract if the Seller becomes aware of a cessation of payments, the opening of insolvency or composition proceedings, the rejection of insolvency for lack of assets, bill or cheque protests or other concrete indications of deterioration in the financial circumstances of the customer.
Liability for defects (warranty)
The warranty rights shall be governed by the statutory provisions, unless otherwise stated below. If the supplementary performance is carried out by way of a replacement delivery, the customer is obliged to return the goods first delivered to the seller within 30 days at the seller’s expense. The return of the defective goods shall be made in accordance with the statutory provisions. The seller does not assume any guarantee for the stated quality of the goods within the meaning of § 443 BGB (German Civil Code). Any guarantees granted by the manufacturer shall remain unaffected by this and shall be determined exclusively in accordance with the guarantee declaration handed over to the customer with the goods. Liability for normal wear and tear is excluded. The seller does not assume any warranty for defects and damages resulting from unsuitable or improper use, non-observance of application instructions, faulty or negligent handling. This applies in particular to the operation of the items with the wrong type of current or voltage as well as connection to unsuitable power sources. The same shall apply to defects and damage attributable to fire, lightning, explosion or network-related overvoltages, moisture of any kind, incorrect or missing programme software and/or processing data, unless the customer proves that these circumstances are not the cause of the defect complained of.
If the customer acts as a merchant within the meaning of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
In the event of a warranty claim, a customer who is a consumer shall be entitled to assert a right to rectification of defects or delivery of defect-free goods (subsequent performance) at his discretion. If the chosen type of supplementary performance is associated with disproportionately high costs, the claim shall be limited to the respective remaining type of supplementary performance. Within the scope of the delivery of goods free of defects, the exchange into higher-quality products with comparable characteristics is already deemed to be accepted by the customer who is a consumer, provided that this is reasonable for him and the seller (e.g.: exchange into the successor model, same model series, etc.). Further rights, in particular the rescission of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or the failure of subsequent performance twice. If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
If the customer is an entrepreneur without the status of a merchant, he shall give notice of obvious defects within 14 days. The period for lodging a complaint begins here with the delivery of the goods to the customer. If the customer does not comply with this obligation, his statutory claims for defects are excluded. In relation to a customer who is an entrepreneur, the seller is entitled to choose between rectification of defects or replacement delivery within one year of the delivery date within the meaning of § 439 BGB. After the expiry of one year from the date of delivery, the seller has the choice between remedying the defect or crediting the current value. For entrepreneurs, the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
In cases where there is no purchase of consumer goods within the supply chain, even for our customer who is an entrepreneur, the provisions of §§ 474-479 BGB shall not apply. If the entrepreneur resells the goods within the scope of a sale of consumer goods, the reimbursement of expenses incurred within the meaning of § 478 of the German Civil Code (BGB) can only be demanded if proof is provided that the expenses were incurred. Should this reimbursement of expenses within the meaning of § 478 para. 2 BGB, this is limited to max. 2% of the original net value of the goods. Claims based on § 478 BGB (German Civil Code) are covered by the 24-month warranty for entrepreneurs in the sense of the equivalent compensation according to § 478 para. 4 p. 1 of the German Civil Code (BGB).
In the event that the goods complained about are forwarded to the upstream supplier or manufacturer, the customer agrees that his personal data, in particular his contact details, may be passed on to the upstream supplier/manufacturer within the scope of processing a complaint. The customer may revoke his consent given in this regard at any time. Please contact us at firstname.lastname@example.org.
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows: The Seller shall be liable without limitation for intent and gross negligence for any legal reason, unless otherwise stated below.
The Seller shall be liable for damages arising from injury to life, body or health which are based on a negligent or intentional breach of duty on its part.
In addition, the Seller shall be liable without limitation in accordance with the statutory provisions for other damages if these are based on a negligent or intentional breach of a material contractual obligation. This is the case if the breach of duty relates to a duty the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer has relied and was entitled to rely. The above liability provisions are limited to the foreseeable, typically occurring damage, unless otherwise provided for in the German Civil Code. 9.1 is subject to unlimited liability. This includes in particular the breach of main and ancillary performance obligations in the period prior to delivery of the goods.
The Seller shall be liable without limitation on the basis of its own warranty promise, unless otherwise regulated in this respect, and on the basis of mandatory liability, such as under the Product Liability Act.
The Seller shall not be liable for the recovery of data unless it has caused the loss intentionally or through gross negligence and the Customer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
Otherwise, the liability of the seller is excluded.
The seller is not liable for the loss of a consignment in the event of the existence of a storage or garage contract, notwithstanding a deviating designation, between the buyer and the commissioned transport company.
The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
Use of customer data
With regard to all data concerning the business relationship with the customer, the data protection regulations apply, which can be found in our online shop. If the buyer has further questions on the subject of data protection, the information page www.viveroo.com/data-protection/ is available to him. Otherwise, the buyer can send requests to email@example.com.
Information on dispute resolution
The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://webgate.ec.europa.eu/odr/ This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Place of jurisdiction, applicable law, partial invalidity
In business transactions with merchants and with legal entities under public law, Paderborn is agreed as the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and cheques; the seller is also entitled to bring an action at the customer’s place of business.
German law shall apply exclusively. In business transactions with consumers within the European Union, the law of the consumer’s domicile may also be applicable, provided that it is mandatory under consumer law.
In the event that individual provisions of the supply contract or these General Terms and Conditions are invalid, the remaining provisions shall continue to be valid.