These are the general terms and conditions of Petra GmbH (“Provider”, “we”)
Registered office: Schumannstr. 27 60325 Frankfurt am Main
Phone: + 49 (0) 6997546240 , Email: support@vitayes.de
These terms and conditions apply to all purchase contracts between us and our customers (“buyer”, “you”) if a corresponding inclusion agreement is made. Your own general terms and conditions will not become part of the contract, even if we do not expressly object. There are no other ancillary agreements. Corporate customers please note section 8 of these terms and conditions.
These terms and conditions apply to all purchase contracts between us and our customers (“buyer”, “you”), provided that an appropriate inclusion agreement has been made. Your own general terms and conditions will not become part of the contract, even if we do not expressly object. There are no other ancillary agreements. Corporate customers please note section 8 of these terms and conditions.
Our offers for a large number of potential buyers in catalogues, brochures and on our website are non-binding unless otherwise indicated. A contract is usually only concluded through your order (application) on the one hand and our express or implied declaration of acceptance on the other, e.g. by sending an order confirmation or the ordered goods. If we have not accepted your order within four working days (or 14 working days for international deliveries) of placing it, you are no longer bound to your order.
To conclude a contract in electronic commerce - i.e. via our website - only the German language is available. Please first search for the desired products on our website using the categories or the product search. By clicking on the results list, you will get detailed information for the respective product and can place it in the desired quantity in the virtual shopping cart without obligation using the "Shopping cart" button. You can change or delete the contents of the shopping cart. When you have all the desired products in your shopping cart, go to "Checkout". After entering your personal data or logging back into an online customer account you have already created, we will ask you for your payment and delivery preferences. Finally, you will be given an overview that gives you the opportunity to check all the details and the order again and correct them if necessary using the functions displayed there; the order is only placed when you press the "order with payment" button. You will then immediately receive our electronic confirmation of receipt of your order at the email address you provided, which in itself does not constitute a contract.
We save the contract text. You will only be able to access the content of these orders later if you create an online customer account and place orders through it. However, the general terms and conditions are only available on our website in the latest version. We therefore recommend that you permanently save our order confirmation emails, as they list the products ordered and include the terms and conditions applicable at the time the contract is concluded.
(1) We offer the payment methods Sofortüberweisung, Paypal, credit card and Ideal; the payment method is charged on the day the order is received. Depending on the size of the order, previous purchasing and payment behavior and any credit rating obtained, we reserve the right to reject a requested payment method and offer other payment methods.
(2) In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(3) You only have the right to set off if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(4) If the customer defaults on any payment obligations to us, all existing claims shall become due immediately.
The delivered goods remain our property until full payment has been made.
We deliver in Germany within approximately 2-3 working days, unless otherwise stated for the item. For delivery to the remaining EU countries and Switzerland, we require 3 - 10 working days. If part of the order cannot be delivered immediately, we are entitled to make partial deliveries to a reasonable extent; the remaining goods will then be delivered at a later date without additional shipping costs.
We are entitled to withdraw from the contract if ordered goods are permanently unavailable and we are not responsible for this circumstance (e.g. force majeure or no self-delivery despite timely hedging transactions if we have not assumed the procurement risk). In this case, we will inform you immediately and refund any advance payments made.
The statutory liability for defects applies with a period of two years from delivery. Please contact us, our contact details are given at the beginning of these conditions.
Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must inform us (Petra GmbH, Schumannstr. 27, 60325 Frankfurt am Main, telephone: + 49 (0) 6997546240, email: contact@vitayes.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation: If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods within Germany if you request our returns slip (DHL) for the return and use it as intended. Otherwise, you will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Note: The right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To Petra GmbH, Schumannstr. 27, 60325 Frankfurt am Main, Email: contact@vitayes.de
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods: – Ordered on (*)/received on (*):
– Name of the consumer(s):
– Address of the consumer(s):
– Signature of the consumer(s):
(only for notification on paper)
- Date:
(*) Delete as appropriate.
These terms and conditions are not intended for buyers who are entrepreneurs (§ 14 BGB). Entrepreneurs are required to conclude contracts with the provider under separate business customer conditions; only in this case does the provider grant business customer conditions. The provider is entitled to withdraw from the contract if a buyer turns out to be an entrepreneur when these conditions are included.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the reference rules of private international law. Mandatory consumer protection regulations at the buyer's place of residence remain unaffected.
Status: 10/2016
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