General Terms And Conditions

General terms and conditions

1. Scope

The following T&Cs apply to all orders placed via our online shop.

These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partner, formation of contract

The purchase contract is concluded with vitalundfitmit100 GmbH.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text
The language available for concluding the contract is German.

We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.

4. Delivery conditions

Delivery costs may be added to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible. 

5. Payment

The following payment methods are basically available in our online shop:

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.

Direct debit process
With the placement of the order, you are granting us a direct debit mandate. We will inform you separately about the date of debiting the account in an advance notification (pre-notification). With the submission of the direct debit, we request our bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited.
Debiting the account takes place after you have received the goods.
The time limit for pre-notification regarding the date for debiting the account (pre-notification period), is 3 days.

SOFORT Online Bank Transfer
After submitting the order, you will be forwarded to the online SOFORT GmbH website. In order to pay the invoice amount via SOFORT, you must be in possession of a bank account that is activated for participation in online banking, must identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.

Amazon Pay
During the ordering process you will be forwarded to the online Amazon website before completing the ordering process in our online shop. In order to process the ordering process via Amazon and pay the invoice amount, you must be registered there or register first and identify yourself with your access data. There, you may confirm the delivery address and payment method stored with Amazon and confirm the use of your data by Amazon and the payment instructions to us. After this, you will be returned to our online shop, where you may complete the ordering process.
Directly after shipping the goods, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive additional information during the ordering process.

Invoice
You may pay for your purchase by means of bank transfer after you have received the goods together with the invoice. We reserve the right to allow payment by invoice only after we verify your credit rating.

6. Retention of title

The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

7. Damage during delivery

If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

8. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.

Customer service: Sie erreichen unseren Kundendienst für Fragen, Reklamationen und Beanstandungen werktags von 8:00 Uhr bis 17:00 Uhr unter der Telefonnummer 02164-7038860 sowie per E-Mail unter info@vitalundfitmit100.de.

9. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health
  • for deliberate or grossly negligent breach of duty
  • for guarantee commitments, where agreed
  • towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

10. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.

11. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.