GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions will exclusively apply for the business relationship between Provital GmbH (hereinafter Provital) and the purchaser in their current valid version at the time that the order is made. Purchaser’s terms that deviate from these terms will not be recognised by Provital unless Provital has expressly agreed to their validity.
2 Conclusion of contract
(1) The presentation of goods, in particular on the internet, does not constitute a binding offer.
(2) The customer will be informed of receipt of their order by email. This order confirmation also represents acceptance of the purchase agreement by Provital.
(3) Delivery will be made - unless otherwise agreed - from the warehouse to the delivery address indicated by the customer. Delivery will be made within five working days, whereby Monday to Friday are regarded as working days with the exception of public holidays. The notice period will commence from the issuing of the payment order to the receiving credit institution for advance payments by bank transfer and on conclusion of the contract for all other payment methods.
3 Cancellation policy (Withdrawal policy in Austria)
Right to cancel: You have the right to cancel this agreement within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or your named third party who is not the carrier, is in receipt of the goods or has received the goods. In order to exercise your right to cancel you must inform us of your decision to cancel this agreement by contacting us with a clear statement (e.g. by letter sent by post, fax or email) at (Provital GmbH, Rotwandweg 5a, 82024 Taufkirchen, firstname.lastname@example.org, Tel: +49894614880, Fax: +498946148828). You can use the sample cancellation form printed below for this purpose, but this is not mandatory. To comply with the cancellation notice period it shall be sufficient if you send notification of your decision to exercise your right to cancel prior to expiry of the cancellation notice period.
Consequences of cancellation: If you cancel this contract we will return all payments that we have received from you including the delivery cost (with the exception of additional costs incurred if you selected a different delivery method other than our reasonably priced standard delivery that we offer) without delay and no later than within fourteen days from the day on which we receive notification of your cancellation of this contract. We will use the same payment method to return this payment to you, which you used for the original transaction unless otherwise expressly agreed with you. Under no circumstances will you incur any fees as a result of this repayment. We can refuse to make the repayment until we receive the returned goods or until you have provided proof that you have sent the goods back, whichever is the earliest. You must return the goods to us or hand them over to us without delay and in any event within fourteen days from the day on which you inform us of your withdrawal from this contract. The time limit will have been observed if you send the goods before the expiry of the fourteen day deadline. You will bear the direct costs for returning the goods.
Sample cancellation notice
To: Provital GmbH, Rotwandweg 5a, D-82024 Taufkirchen (email@example.com), Fax: +498946148828
I/we hereby cancel the agreement concluded by me/us concerning the purchase of the following goods or the provision of the following services. Ordered on (*)/received on (*)….., name of the user:….., address of the user:….., signature of the user:….., date:……….
*) Delete as applicable
We can organise collection of the goods at your request, the cost of collection will be EUR 6.00 per package.
Unless otherwise agreed the delivery will be made from the Pivotal warehouse to the address indicated by the purchaser.
If it is not possible to make delivery to the purchaser because the purchaser is not at the address that they indicated, despite the purchaser being informed of the delivery time with appropriate notice, the purchaser will bear the costs for unsuccessful delivery.
If the purchaser does not accept a delivery without justification then the purchaser shall bear the costs of unsuccessful delivery, the return of the goods and manipulation costs incurred. These costs will be charged to the purchaser as a flat fee of €45 (cancellation fee). The purchaser shall bear the burden of proof that the damages caused were of a lesser amount.
5 Delivery service
Within the context of our delivery service the products selected by the customer will be regularly delivered to the customer within the time period requested by the customer without any time limit. The delivery service can be completely amended or cancelled up to 7 days before the next delivery. Within this period changes to the order must be communicated and received by Provital in writing. The customer will be credited with loyalty points for deliveries within the context of our delivery service, which can exchanged for rewards or shipping costs. These loyalty points shall expire if no purchase has been made from Provital over a period of six months.
6 Maturity and payment, delay, credit rating
The purchaser can pay the purchase price as cash on delivery (additional costs of EUR 4.50), Paypal (not in the context of the delivery service), on account (regional variations), advance payment or by direct debit. If the purchaser defaults on payment Provital is entitled to charge interest on the arrears of 5 percentage points above the annual basic interest rate determined by the European Central Bank. If it is proven that Provital has incurred greater financial damages Provital is entitled to claim for these costs as well.
Provital’s consultants are not entitled to accept payments, payment with a debt-discharging effect can only be made to Provital GmbH.
In the event of reversed direct debit payments, despite the purchaser’s obligation to pay, Provital is entitled to charge fees as a result of this to the purchaser.
Provital reserves the right to obtain information from SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden in order to carry out a credit check. We refer to our privacy notice.
7 Offsetting, retention
The purchaser is only authorised to exercise a right of retention insofar as its counter-claim is based on the same contractual relationship. The purchaser can, however, also exercise their right to retention due to undisputed or legally established claims.
8 Retention of title
The delivered goods remain the property of Provital until the complete fulfilment of all claims arising from the business relationship.
9 Liability for defects
If the purchased item is defective then the statutory provisions shall apply. Insofar as the purchased item is defective the purchaser is entitled, at his own option, to choose either supplementary performance in the form of remedying the defect or delivery of a product that is free from defects. In the event of remedying the defect being chosen by the purchaser Provital is obligated to bear all necessary expenses for the purpose of remedying the defect. If the supplementary performance is unsuccessful then the purchaser is entitled to demand withdrawal from the contract or a price reduction at his option.
If the supplementary performance takes place in the form of replacement of goods the purchaser is obligated to have the initially delivered goods collected by Provital at Provital’s expense within 30 days. Provital reserves the right to claim damages in accordance with the statutory guidelines. The limitation period is two years, calculated from delivery.
10 Data protection, place of jurisdiction and applicable law, arbitration body
Provital GmbH is prepared to participate in dispute settlement proceedings with a consumer association. The competent user arbitration body is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtungen e.V.
Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de
Vienna is agreed to be the place of jurisdiction for Austrian contracting parties (District Court Döbling), Munich for all other contracting parties. This agreement on jurisdiction shall only apply if the other contracting party is a merchant.
German law shall apply with the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods (CISG). Unless otherwise agreed due to compulsory statutory provisions, German law shall apply.
Provital GmbH 7. December 2016