I. General Terms and Conditions
§ 1 Basic services
(1) The following conditions apply to all contracts, which you enter into with us as provider (SmartVital B.V.) via the website www.smartvital.eu. Unless otherwise agreed, the integration of the own terms and conditions used by you will be contradicted if necessary.
(2) A consumer is any natural person who, for the purposes of a legal transaction, is not acting in the exercise of his trade, business or profession. An economic operator is any natural or legal person or partnership acting in the course of a legal transaction on behalf of their independent professional or commercial activity.
§ 2 Formation of contract
(1) Subject of the contract is the sale of goods.
(2) Already when you set up the respective product on our website, we will make you a binding offer for the conclusion of a purchase contract under the conditions specified in the product description.
(3) The purchase contract shall be concluded as follows via the online shopping basket system: The goods intended for purchase shall be placed in the "shopping basket". You can access the shopping basket and make changes at any time using the appropriate buttons in the navigation bar. After calling up the "checkout" page and entering personal data as well as the payment and shipping conditions, the order data are displayed again on the order summary page. If you use a direct payment method (e.g. PayPal Express, Amazon Payments, Postpay, direct bank transfer) as your payment method, you will either be directed to the order overview in our online shop or you will first be directed to the website of the provider of the direct payment method. If you are forwarded to the appropriate direct payment method, please make the appropriate selection or enter your data. Finally, you will be returned to the order overview in our online shop. Before submitting the order, you will be given the opportunity here to check all the data again, make changes (also using the "previous" function of your internet browser) or cancel the purchase. By submitting the order via the button "order with obligatory payment" you declare the legally binding acceptance of the offer, thus creating the purchase contract.
(4) The processing of the order and the sending of all necessary information in connection with the contract conclusion is done partly automatically via e-mail. For this purpose, you must ensure that the e-mail address known to us is correct and that you are guaranteed to receive the e-mail sent by us and, in particular, that it is not blocked by the spam filter.
§ 3 Right of retention, reservation of title
(1) You may exercise the right of retention only to the extent that it relates to claims from the same contractual relationship.
(2) The product remains our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies:
a) We shall retain ownership of the product until full payment of the claims arising from the ongoing business relationship has been received. Prior to the transfer of ownership of the goods, a pledge or a so-called "Sicherheitsübereignung" (security agreement) is not permitted.
b) You may resell the goods in the normal course of business. In this case, you must already now assign to us all claims of the invoiced amount, which will result from the resale, insofar as we accept the assignment. You are further authorised to collect the debt. If you do not fulfil your payment obligations, we reserve the right to collect the debt ourselves.
c) When joining and mixing the goods we acquire co-ownership of the new item in proportion to the invoice value of the goods to the other processed goods at the time of processing.
(d) We undertake to release securities due to us at your request to the extent that the realisable value of our collateral by more than 10% exceeds the secured claims. The choice of securities to be released lies with us.
§ Warranty
(1) There are statutory guarantee rights.
(2) As a consumer, you are requested to check the goods for completeness, visible defects and damage immediately after delivery and to notify both us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claim.
(3) If you are an entrepreneur, different warranty provisions apply:
a) Only our own data and the manufacturer's product description as agreed upon apply as quality of the goods, not other advertising, public prices and manufacturer's statements.
b) In the event of defects, we shall provide a warranty at our discretion either by rectifying the defect or by subsequent delivery. If rectification of defects fails, you may demand reduction or withdrawal from the contract at your discretion. The corrective measures apply after an unsuccessful second attempt, if it appears that the type of goods or the defect or the other circumstances do not indicate otherwise. In the case of rectification, we do not have to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not meet the intended use of the goods.
c) The warranty period is one year from the date of delivery. The shortened period does not apply: in the event of damage which is attributable to us as a result of injury to life, body or health and in the event of other damage caused intentionally or through gross negligence; in the event that we have fraudulently concealed the defect or have given a guarantee regarding the quality of the goods; in the event of goods which have been used for a building in accordance with their normal use and which have caused the defect; in the event of statutory recourse claims which you have against us in conjunction with warranty rights.
§ 5 Choice of law, place of payment, competent court
(1) German law is applicable. For consumers, this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (principle of good faith).
(2) Place of performance for all services from business relations existing with us such as the place of jurisdiction is our place of residence, insofar as 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 have no general place of jurisdiction in Austria or the EU, or if your place of residence or your habitual abode is not known at the time of the complaint. The right to sue in another jurisdiction remains unaffected.
(3) The provisions of the US Purchase Law shall expressly not apply.
§ 6 Resellers
(1) Different price and delivery terms apply for resellers. An entry in the Chamber of Commerce is required. On request we will send you the relevant offers. SmartVital reserves the right to adjust prices at any time. SmartVital thereby strives, but is not obliged, to inform the resellers 3 months in advance about an intended adjustment.
(2) With every order from a reseller accepted by us, a separate contract shall come into existence between us and the reseller. This is expressly not a long-term contract and the reseller acknowledges and accepts that he waives any claims in this respect.
(3) We are entitled to terminate the supply to a reseller at any time without observing any period of notice and without being obliged to pay any compensation. If for any reason a period of notice should be reasonable in an individual case, then a period of notice not exceeding 6 months shall be deemed reasonable and the reseller shall waive further or other claims.
II. Customer information
1. Identity of the seller
SmartVital B.V.
Market 14
6211CJ Maastricht
Netherlands
Telephone: 31 43 328 1787 (Note: Management only - No phone service support and keen salesman)
Service and questions only via our e-mail hotline at: vragen@smartvital.eu
Alternative Dispute Resolution:
The European Commission has set up a platform for the online resolution of consumer disputes without court intervention (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the formation of the contract
The technical steps related to the conclusion of a contract, the conclusion of a contract itself and the correction options are carried out in accordance with the regulations ? concluding a contract ? in our standard business conditions (Part I.).
3. Language of the contract, save the text of the contract
3.1 The language of the contract is German.
3.2 The full text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out via the browser's print function or saved electronically. After receiving the order from us, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you once again by e-mail.
4. Essential characteristics of the goods or service
The essential characteristics/conditions of the goods and/or services can be found in the relevant offer.
5. Prices and payment options
5.1 The prices and shipping costs shown in the respective offers represent the total price. They include all price components, including all applicable taxes.
5.2 Shipping costs are not included in the purchase price. They can be called up via a corresponding button on our internet site or in the relevant offer, are stated separately in the course of the ordering process and are additionally charged to you if delivery is not promised free of charge.
5.3 If the goods are delivered to countries outside the European Union, there may be additional costs for which we are not responsible, such as customs duties, taxes or money transfers (transfer or exchange fees from credit institutions), which you must pay yourself. You will have to pay any charges for money transfers, even if the goods are delivered to an EU country, but payment is made outside the European Union.
5.4 The available payment methods are listed under a correspondingly designated button on our internet site or in the relevant offer.
5.5 Unless otherwise stated, the claims of the completed contract are immediately due and payable.
6. Delivery terms
6.1 You will find the delivery conditions, the delivery period and any existing delivery restrictions under a button marked accordingly on our internet site or in the relevant offer.
6.2 To the extent that you are a consumer, it is lawful for the risk of accidental loss and accidental deterioration of the goods sold to pass to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you yourself have commissioned a transport company or any other person not appointed by us to make the delivery.
If you are an entrepreneur, then delivery and shipping is at your risk.
7. Legal warranty rights
Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by lawyers of the Händlerbund specialising in IT law and are constantly checked for compliance with the law. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of legal proceedings. More information can be found at
http://www.haendlerbund.de/agb-service.
Last update: 31.12.2019