Conditions

General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Code of Conduct
10. Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of RepaVital GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods,
concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods displayed by the Seller in its online shop.
The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor
attributable to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the
exercise of its commercial or independent professional activity.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, fax, e-mail, post or online contact form.

2.3 The Seller can accept the Customer's offer within five days,
– by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
– by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
– by requesting payment from the Customer after submission of their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting 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 is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal
and selectable during the online ordering process, the Seller already declares its acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the order has been sent. No further access to the contract text by the Seller is provided. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the "SOFORT" payment method is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", legitimize themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found by the Customer on the Internet at https://www.klarna.com/sofort/.

4.6 If the direct debit payment method is selected, payment processing is carried out via PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect claims on its behalf. PAYONE GmbH debits the invoice amount from the Customer's bank account after issuing a SEPA direct debit mandate, but not before the expiry of the period for the pre-notification. Pre-notification ("Pre-Notification") is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if the Customer objects to the debit even though they are not authorized to do so, the Customer must bear the fees incurred by the chargeback of the respective credit institution
if they are responsible for it. Even if the bank direct debit payment method is selected via PAYONE GmbH, the provider remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and submissions, or credits.

4.7 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect claims on its behalf. PAYONE GmbH debits the invoice amount from the Customer's specified credit card account. The credit card is debited immediately after the customer's order is submitted in the online shop. Even if the credit card payment method is selected via PAYONE GmbH, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and submissions, or credits.

5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer even for consumers, as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment,
if the Customer has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make every reasonable effort 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 reimbursed immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Note on international shipments. For deliveries to countries outside the European Union, additional customs duties, taxes or fees (e.g. import sales tax) may apply in the destination country. These charges are levied by the competent authorities of the respective country and must be borne by the recipient.
The calculation of these charges is based on the legal provisions of the recipient country and may be based, among other things, on the value of the goods and the shipping costs. We have no influence on the collection and amount of these fees. Please inform yourself about possible additional costs with the relevant customs or tax authorities in your country before placing your order.

6) Retention of Title
If the Seller makes an advance payment, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the supply of goods:

7.2 If the Customer acts as an entrepreneur,
– the Seller has the choice of the type of supplementary performance;
– for new goods, the limitation period for defects is one year from delivery of the goods;
– for used goods, rights and claims due to defects are excluded;
– the limitation period does not recommence if a replacement delivery is made within the framework of liability for defects.

7.3 The liability limitations and reductions of periods of limitation regulated above do not apply
– to claims for damages and reimbursement of expenses by the Customer,
– in the event that the Seller has fraudulently concealed the defect,
– for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
– for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal right of recourse remain unaffected.

7.5 If the Customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. Failure to do so has no effect on their statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers
8.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

8.7 The credit of a promotional voucher will neither be paid out in cash nor bear interest.

8.8 The promotional voucher will not be refunded if the Customer returns goods paid for wholly or partly with the promotional voucher within the scope of their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of power of representation of the respective holder.

9) Code of Conduct
– The Seller has subjected itself to the terms of participation for the e-commerce initiative "Fairness im Handel" (Fairness in Trade), which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.
– The Seller has subjected itself to the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.