AGB
General Terms and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts concluded with us (VitaCux GmbH) via the website www.john-voss.de. Unless otherwise agreed, the inclusion of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally responsible partnership who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment provider.
In the case of redirection to the respective instant payment provider, you will make the appropriate selection or entry of your data there. Finally, on the website of the instant payment provider or after being redirected back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the option of reviewing and modifying all entries in the order overview again (also using the "back" function of the Internet browser) or canceling the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "place a binding order", "pay" / "pay now" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partially automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular, not prevented by SPAM filters.
§ 3 Term of Contract / Termination for Subscription Contracts
(1) The subscription contract concluded between you and us has the term specified in the respective offer. A term of more than 2 years cannot be agreed.
(2) The contract ends automatically upon expiration of the term; no termination is required.
(3) The right to terminate without notice for good cause remains unaffected.
(4) Any termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button embedded on our website ("Cancel contracts here" or similar designation).
§ 4 Special Agreements on Payment Methods Offered
(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods offered via "PayPal" are displayed to you during the order process and via a corresponding button on our website. PayPal may use other payment services for payment processing; if special payment terms apply in this context, you will be informed separately. More information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Mollie"
When selecting a payment method offered via "Mollie", payment processing is carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" are displayed during the order process and via a corresponding button on our website. Mollie may use other payment services for payment processing; if special payment conditions apply, you will be informed separately. More information on "Mollie" can be found at https://www.mollie.com/de.
§ 5 Right of Retention, Reservation 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 full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
- a) We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
- b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount, and we accept the assignment. You are further authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.
- c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
- d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before the contract declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
- a) Only our own information and the product description of the manufacturer shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
- b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement. If the defect remedy fails, you may, at your discretion, demand a reduction or withdraw from the contract. Remediation shall be deemed to have failed after the second unsuccessful attempt unless something else arises from the nature of the item or the defect or other circumstances. In the event of rectification, we are not obliged to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided the transport does not correspond to the intended use of the goods.
- c) The warranty period is one year from delivery of the goods. The shortening of the limitation period does not apply:
- - to damages attributable to us resulting from injury to life, body or health and in case of intentional or grossly negligent damage;
- - if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- - for goods that have been used in accordance with their usual use for a building and have caused its defectiveness;
- - for statutory recourse claims that you have against us in connection with rights arising from defects.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or your place of residence or habitual residence is unknown at the time the action is brought. The authority to also call upon the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
VitaCux GmbH
Am Querkamp 18-20
27474 Cuxhaven
Germany
Phone: 047213108000
Email: info@john-voss.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion itself and the correction options are carried out in accordance with the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After receiving the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Key Features of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are accessible via a correspondingly labeled button on our website or in the respective offer, are shown separately during the order process, and are to be borne by you unless free delivery is promised.
5.3. Any costs incurred for the transfer of funds (transfer or exchange fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment is initiated outside the European Union.
5.4. The available payment methods are shown under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your risk.
7. Statutory Warranty Rights
The liability for defects is governed by the "Warranty" clause in our General Terms and Conditions (Part I).
8. Contract Term / Termination
Information on the duration of the contract and the termination conditions can be found in the "Contract Term / Termination for Subscription Contracts" clause in our General Terms and Conditions (Part I) as well as in the respective offer.
These terms and customer information were created by legally trained experts specializing in IT law at the Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in case of warning letters. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024
