Terms & Conditions

General terms and conditions of business and order information

within the scope of purchase agreements that are concluded over the www.vivobase.de platform between VIVOBASE GmbH, represented by its managing directors Jochen and Yannik Seipel, Lilienthalweg 13, 72124 Pliezhausen, Germany (hereinafter referred to as ‘Vendor’) and the users of this platform (hereinafter referred to as ‘Customer’).

§ 1 Scope

The following General terms and conditions of business – hereinafter referred to as ‘GTC’ – in the version prevailing at the time of the order – shall apply to the Customer’s order through the http://www.vivobase.de platform. Any deviating terms of the Customer shall not be recognised unless the Vendor has expressly given its consent to them in writing.

§ 2 Conclusion of contract

The Customer may select products from the Vendor’s range and collect them in a so-called shopping basket using the ‘Add to basket’ button. Using the ‘Order and pay’ button, the Customer makes a binding request to purchase the goods saved in the basket. The Customer may review and change his data at any time before submitting the order.

The Vendor then sends the Customer an automatic confirmation of receipt by email, with the subject line ‘Confirmation of your order with VIVOBASE’, listing the Customer’s order again.

The Customer’s order constitutes the offer to conclude an agreement involving the respective contents of the basket. The confirmation of receipt constitutes the acceptance of the offer by the Vendor. The contents of the order are summarised in this confirmation. In this email or in a separate email, at the latest however upon delivery of the goods, the text of the contract (comprising the order, GTC and confirmation of order) shall be sent to the Customer by the Vendor on a durable medium (email or paper printout). The text of the contract is stored in accordance with the privacy policy.

The contract language is German.

§ 3 Delivery, performance period and transfer of risk

The delivery period is four working days from the time of confirmation of order, provided that payment of the purchase price has been made in advance.

This delivery period shall be extended in the event of strike or cases of force majeure, this extension being for the duration of the delay. The same shall apply if the Customer fails to meet any of its obligations to cooperate.

If the Customer is a business, delivery shall be agreed ex works – unless otherwise provided in the confirmation of order.

The risk of accidental loss and accidental deterioration of the goods sold shall transfer to the consumer upon transfer of the goods – even in the case of a sale involving the carriage of goods. The transfer shall be deemed to have taken place if the Customer is in default in accepting the goods.

§ 4 Payment terms

Payment by bank transfer / advance payment: The payment of the purchase price shall be due directly upon conclusion of the contract as an advance payment. After you send your order, you shall receive a confirmation of order by email containing our banking details. Please make all transfers directly to our bank account. Please use your order number as the reason for payment. Your order shall only be dispatched once the funds have arrived in our account.

Payment via PayPal: PayPal is a well-known international online payment service which enables you to make payments in online shops securely, easily, quickly and free of charge. Secure payments: You store your bank or credit card details once with PayPal. Payment is then debited for all subsequent purchases either from the stored credit card or by direct debit from your account. This means that you do not have to enter them again for each online purchase and sent your details over the Internet again. Should you not yet have a PayPal account, you can easily set one up free of charge in just a few minutes.

§ 5 Retention of title

The goods supplied shall remain the property of the Vendor until the purchase price has been paid in full.

§ 6 Prices and shippings costs

All prices stated on the Vendor’s website are inclusive of statutory value-added tax at the applicable rate.

The appropriate shipping costs shall be provided for the Customer on the order form and are to be borne by the Customer unless he exercises his right to withdraw. The Vendor offers free shipping within Germany for orders above € 500.

§ 7 Warranty covering flaws and defects

The Vendor shall be liable for flaws and defects in accordance with the rules prevailing in this case, in particular §§ 434 ff. of the German Civil Code (BGB).

The warranty period for businesses is 12 months.

No guarantee is given.

§ 8 Liability

The Customer’s claims for damages are excluded. Exempt from this clause are the Customer’s claims for damages arising from death, personal injury, damage to health or from the breach of material contractual obligations (cardinal obligations) as well as the liability for other damage which results from a deliberate or grossly negligent breach of obligations by the Vendor, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objectives of the contract.

In the event of a breach of material contractual obligations, the Vendor shall only be liable for the foreseeable damage under a typical contract if this was simply caused by negligence, unless the Customer claims damages arising from death, personal injury, damage to health.

The limitations of para. 1 and 2 shall also apply in favour of the Vendor’s legal representatives and vicarious agents if claims are made directly against them.

The provisions of the German Product Liability Act shall remain unaffected.

§ 9 Information on the processing of data

The Vendor shall collect Customer data in the course of handling contracts. In so doing, he shall observe, in particular, the provisions of the Federal Data Protection Act and the German Telemedia Act. The Vendor shall only collect, process or use the Customer’s inventory and usage data without the consent of the Customer if it is necessary for the implementation of the contractual relationship.

The Vendor shall not use the Customer’s data for the purposes of advertising, or market or opinion research without the consent of the Customer.

§ 10 Note in reference to § 36 VSBG

The Vendor shall not participate in dispute resolution in front of a consumer arbitration board.

§ 11 Final provisions

Contracts concluded between the Vendor and the Customer shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods, as well as private international law.

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationships between the Customer and the Vendor shall be the registered office of the Vendor.

You shall only be entitled to rights of set-off if its counterclaims have been determined to be legally binding, are undisputed or have been acknowledged by us. Moreover, it is authorised to exercise a right of retention insofar as a counterclaim is based on the same legal relationship.