Terms of service

GENERAL TERMS AND CONDITIONS

§ 1 SCOPE, APPLICABLE LAW

  1. The General Terms and Conditions apply to all offers, sales contracts, deliveries and other services of VIVI MARI UG (haftungsbeschränkt) (hereinafter VIVI MARI) to consumers (hereinafter also: Buyer or Customer). Consumer is any natural person who enters into a legal transaction for a purpose that can be attributed predominantly neither to their commercial nor their independent professional activity.
  2. Other general terms and conditions shall not apply. This applies even if VIVI MARI has not objected to a validity.
  3. For the terms and conditions between VIVI MARI and customers applies conclusively the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

§ 2 CONTRACTUAL PARTNERS

If a purchase contract with a customer comes into being, the contractual partner is VIVI MARI UG (haftungsbeschränkt), Am Botanischen Garten 70, 50735 Cologne, Germany, Commercial Register: AG Cologne, HR , represented by the Managing Director Sophie Marie Milbradt-von der Heide.

§ 3 CONTRACTUAL CONCLUSION

  1. The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
  2. Only by clicking the buttonorder with obligation to pay the customer places a binding order for the goods listed on the order page. By submitting the offer, the customer binds himself for two weeks. A possible right of withdrawal remains unaffected.
  3. The sending of an order confirmation is automated by VIVI MARI and does not constitute a declaration of acceptance of the contract, unless the acceptance is expressly stated in the order confirmation. The acceptance of the offer made by the customer by VIVI MARI takes place only if this is expressly declared by VIVI MARI or the ordered goods are sent to the customer.

§ 4 RIGHT OF REVOCATION

  1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with the statutory provisions.
  2. If you make use of your right of withdrawal as a consumer according to section 4.1, you have to bear the regular costs of return.
  3. For the rest, the regulations apply to the right of withdrawal, which are reproduced in detail in the following

REVOCATION POLICY

RIGHT OF REVOCATION

You have the right to revoke this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us, VIVI MARI UG (haftungsbeschränkt), Am Botanischen Garten 70, 50735 Cologne, Email: info@vivimari.com), by means of a clear declaration (e.g. a letter or email sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website (insert internet address). If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of receipt of such revocation.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

CONSEQUENCES OF CANCELLATION

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You have returned the goods to us in the original transaction.

You must return or hand over the goods to us or to (insert here the name and address of the person authorized by you to receive the goods, if applicable) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods not necessary for the examination of the quality, characteristics and functioning of the goods.

- END OF THE DISCLAIMER -

§ 5 PRICES, DUTIES, SHIPPING COSTS

      1. All prices quoted on the product pages include VAT and other price components within the EU, but not shipping costs. Orders outside the EU represent net prices.
      2. Deliveries an address outside the EU may be subject to import duties and taxes, which are due upon reaching the delivery address and are to be borne by the customer.
      3. In addition to the stated prices, VIVI MARI charges a flat rate of 4.99 euros per order for delivery within Germany. For orders within the EU a flat rate of 13.99 Euro shipping costs per delivery will be calculatedThe shipping costs are again clearly communicated to the buyer on the product pages, in the shopping cart system and on the order page. 

§ 6 PAYMENT

  1. The payment is made optionally by prepayment (bank transfer), credit card, PayPal. For orders by prepayment (bank transfer), the full amount must be received no later than seven days after conclusion of the contract to the account designated by VIVI MARI. VIVI MARI reserves the right to exclude certain methods of payment in individual cases and without giving reasons. Payment in advance (bank transfer) is always possible.
  2. Unless otherwise expressly agreed, VIVI MARI delivers only against prepayment (bank transfer).
  3. If the payment method prepayment is selected, VIVI MARI gives the customer a bank account in the order confirmation and delivers the goods after receipt of payment.
  4. The invoice will be delivered by post together with the goods.

§ 7 DELIVERY, SHIPPING AND TRANSIT OF GOODS

  1. The delivery is made from the warehouse of VIVI MARI UG (haftungsbeschränkt) to the delivery address specified by the customer in the ordering process.
  2. Unless expressly agreed otherwise, VIVI MARI shall determine the appropriate mode of shipment and the logistics company at its reasonable discretion.
  3. VIVI MARI assumes that the delivery of goods to addresses within Germany ca. 2-3 days from the conclusion of the contract takes, unless otherwise expressly agreed or from information from the online store clearly follows.
  4. The delivery time for goods marked as in stock when shipping within the EU, but outside Germany, is to be taken from the stated delivery times on the detailed pages of the respective product.
  5. Any information on shipping, transit times or delivery are merely for the information of the buyer, are not binding and do not constitute a contractual assurance.
  6. Should VIVI MARI not be able to deliver ordered goods through no fault of its own, in particular because the goods are not available from our suppliers for the foreseeable future, VIVI MARI is entitled to withdraw from the contract with you, provided that VIVI MARI is not at fault. In this case, VIVI MARI will inform the customer immediately and refund any payments made without delay.
  7. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to you at the time the goods are delivered to you or you are in default of acceptance. In all other cases, the risk shall pass to you upon delivery of the ordered goods to the transport company.

§ 8 OWNERSHIP

The delivered goods remain the property of VIVI MARI UG (haftungsbeschränkt) until full payment.

§ 9 WARRANTY

  1. All products offered via the online store of VIVI MARI are subject to the statutory warranty. The warranty period is, if the customer is a consumer, two years from delivery of the goods, otherwise twelve months from delivery.
  2. If the delivered goods are afflicted with a material defect, the buyer may assert his statutory claim for subsequent performance. If the buyer makes use of this, so VIVI MARI will fulfill this exclusively by way of replacement delivery.
  3. If the subsequent performance fails, is unreasonable for the buyer or is refused by VIVI MARI, the buyer is entitled in accordance with the provisions of the Civil Code to withdraw from the purchase contract, to reduce the purchase price, to claim damages or to claim compensation for his futile expenses. For claims for damages, the special provisions of these General Terms and Conditions under § 10.
  4. apply.

§ 10 LIABILITY

  1. Unless otherwise regulated below, liability for damages is limited to grossly negligent and intentional conduct, regardless of the nature of the breach of duty and including tortious acts.
  2. VIVI MARI excludes liability for slightly negligent breaches of duty, unless damage from injury to life, limb or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of such obligations remains unaffected, the fulfillment of which is mandatory for the proper execution of the contract and on the compliance with which the customer may normally rely. In the case of a purchase contract, this shall be in particular the Seller's obligation to hand over the ordered goods and to procure ownership thereof. The above limitation of liability shall also apply to the persons whom VIVI MARI uses to fulfill its contractual obligations.
  3. All limitations and exclusions of liability also apply to employees, representatives, agents and vicarious agents of whom VIVI MARI makes use.
  4. Under § 10 mentioned limitations of liability and exclusions do not apply to claims based on fraudulent conduct. They also do not apply to liability for guaranteed quality and claims under product liability law as well as such damage claims arising from injury to life, limb or health.

§ 11 DATA PROTECTION

In relation to all data concerning the business relationship with the customer, the data protection provisions apply, which are to be taken from the corresponding online store. For further questions regarding data protection, requests for information or changes, VIVI MARI is available to the customer at legal@vivimari.com.

§ 12 DISPUTE DISCLOSURE

  1. The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr.
  2. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 13 OTHER PROVISIONS

  1. As far as permissible, the exclusive, including international, place of jurisdiction for lawsuits against VIVI MARI UG is Cologne. VIVI MARI is at liberty to bring action against the customer also at another place permissible under the statutory provisions.
  2. After the conclusion of the contract, notifications and legally relevant declarations require the written form to be effective.
  3. If individual provisions of the supply contract or these General Terms and Conditions are invalid, the remaining provisions shall remain in effect.