General Terms and Conditions

The following terms and conditions apply to all orders placed via our online store.

Orders can be placed by both consumers and entrepreneurs (hereinafter referred to as the customer). The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with:

viveroo GmbH
Managing Director: Winfried Büth
An der Burg 6
33154 Salzkotten

Commercial register: AG Paderborn
HRB 10891
USt.-IdNr.: DE288076371

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog.

You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process.

By clicking on the order button, you place a binding order for the goods contained in the shopping cart.

The seller can accept the offer within five days by sending the customer a written order confirmation in text form (via e-mail). The receipt of the order confirmation by the customer is decisive.

The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

When an offer is submitted via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent, together with these GTC. The invoice is also sent by e-mail. The customer agrees to an invoice sent electronically when placing the order.

The contract language in Germany is German, in other countries German or English.

Right of withdrawal

Consumers have a fourteen-day right of withdrawal.

Consumers have the right to withdraw from the 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, took possession of the last goods. To exercise your right of withdrawal, you must inform viveroo GmbH, An der Burg 6, 33154 Salzkotten, info@viveroo.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use our sample withdrawal form, which you can find here, but which is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to viveroo GmbH, An der Burg 6, 33154 Salzkotten immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Prices and terms of payment

The list prices at the time of the order shall apply to the delivery. Unless otherwise stated in the seller’s offer, the prices quoted are final prices that include statutory VAT. Various payment options are available to the customer, which are indicated in this online store.

If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

If bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date. Once your payment has been credited to our accounts, the ordered products will be dispatched to you as soon as they are available. Payment shall only be deemed to have been made when the seller or the third party authorized by the seller can dispose of the amount.

Refunds of the purchase price shall be made, as far as possible, by the same payment method as the payment was made by the customer to the seller. This does not apply to cash on delivery payments. In this case, the refund will be made by bank transfer to the customer’s bank account.

Promotional vouchers and their redemption

Promotional vouchers are vouchers that cannot be purchased, but which we issue as part of advertising campaigns or customer loyalty measures with a specific period of validity.
Promotional vouchers can only be redeemed during the specified period and only once as part of an order process. Please note that promotional vouchers may be subject to a minimum order value. The value of the goods must be at least equal to the amount of the promotional voucher. Any difference to a higher value of goods can be settled using the payment options offered. The value of a promotional voucher is neither paid out in cash nor does it bear interest. The promotional voucher will not be refunded if goods are returned in whole or in part. Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to a third party. Multiple promotional vouchers cannot be combined with each other unless we have agreed otherwise.
If you have used a promotional voucher with your purchase, we reserve the right to charge you the original price of the goods you are keeping if – due to your withdrawal – the total value of the order falls below or equals the respective value of the promotional voucher.

Delivery, shipment and transfer of risk

Orders and deliveries are generally possible to the countries that can currently be selected in the country selection of our online store, provided there are no legal regulations to the contrary. If you require delivery to another country, we will be happy to help you.

Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. When ordering via the seller’s online order form, the delivery address specified in the online order form is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay. Delays in delivery caused by statutory or official orders (e.g. import and export restrictions) for which the seller is not responsible shall extend the delivery period in accordance with the duration of such obstacles. In important cases, the Seller shall inform the Customer immediately of the beginning and end of such hindrances. The delivery may also be extended by the time until the customer has provided all information and documents necessary for the execution of the order.

Retention of title

In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full. In relation to entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

Rescission in the event of deterioration of assets

The seller may withdraw from the contract if the seller becomes aware of a suspension of payments, the opening of insolvency or judicial composition proceedings, the rejection of insolvency due to lack of assets, bill or check protests or other concrete indications of deterioration in the customer’s financial circumstances.

Liability for defects (warranty)

Warranty rights are governed by the statutory provisions, unless otherwise stated below. If the supplementary performance has taken the form of a replacement delivery, the customer is obliged to return the goods first delivered to the seller within 30 days at the seller’s expense. The defective goods must be returned in accordance with the statutory provisions. The seller does not assume any guarantee for the specified quality of the goods within the meaning of § 443 BGB. Any guarantees granted by the manufacturer shall remain unaffected by this and shall be determined exclusively in accordance with the guarantee declaration provided to the customer with the goods. Liability for normal wear and tear is excluded. The seller accepts no liability for defects and damage resulting from unsuitable or improper use, non-compliance with instructions for use, incorrect or negligent handling. This applies in particular to the operation of the items with the wrong type of current or voltage and connection to unsuitable power sources. The same applies to defects and damage caused by fire, lightning, explosion or power surges, moisture of any kind, incorrect or missing program software and/or processing data, unless the customer can prove that these circumstances are not the cause of the defect complained about. If the customer acts as a merchant within the meaning of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

In the event of a warranty claim, a customer who is a consumer is entitled, at his discretion, to assert a right to rectification of defects or delivery of defect-free goods (subsequent performance). If the chosen type of supplementary performance is associated with disproportionately high costs, the claim shall be limited to the remaining type of supplementary performance. Within the scope of the delivery of defect-free goods, the exchange for higher-quality products with comparable properties is already deemed to have been accepted by the customer, who is a consumer, insofar as this is reasonable for him and the seller (e.g.: exchange for the successor model, same model series, etc.). Further rights, in particular the rescission of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or if subsequent performance fails twice. If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.

If the customer is an entrepreneur without merchant status, he must give notice of obvious defects within 14 days. In this case, the notification period begins with the delivery of the goods to the customer. If the customer fails to comply with this obligation, his statutory claims for defects shall be excluded. In the case of a customer who is an entrepreneur, the seller is entitled to choose whether to remedy the defect or supply a replacement within the meaning of § 439 BGB within one year of the delivery date. After the expiry of one year from the date of delivery, the seller has the choice between remedying the defect or crediting the current value. For entrepreneurs, the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

In cases in which there is no purchase of consumer goods within the supply chain, even for our customer who is an entrepreneur, the provisions of §§ 474-479 BGB shall not apply. If the entrepreneur resells the goods within the framework of a consumer goods purchase, the reimbursement of expenses incurred within the meaning of § 478 BGB can only be demanded if proof of the incurrence of the expenses is provided. Should the customer demand reimbursement of expenses within the meaning of § 478 para. 2 BGB, this shall be limited to a maximum of 2% of the original net value of the goods. Claims based on § 478 BGB are covered by the 24-month warranty for entrepreneurs in the sense of the equivalent compensation according to § 478 para. 4 sentence 1 BGB.

In the event that the goods complained about are forwarded to the upstream supplier or manufacturer, the customer agrees that his personal data, in particular his contact details, may be passed on to the upstream supplier/manufacturer as part of the complaint processing. The customer can revoke the consent given in this regard at any time. To do so, please contact us at info@viveroo.com.

Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows: The Seller shall be liable without limitation for intent and gross negligence on any legal grounds, unless otherwise stated below.

The seller is liable for damages resulting from injury to life, body or health that are based on a negligent or intentional breach of duty on his part.

In addition, the seller shall be liable without limitation in accordance with the statutory provisions for other damages if these are based on a negligent or intentional breach of a material contractual obligation. This is the case if the breach of duty relates to a duty whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the customer has relied and was entitled to rely. These above liability provisions are limited to the foreseeable, typically occurring damage, unless unlimited liability applies in accordance with Section 9.1. This includes in particular the breach of primary and secondary performance obligations in the period prior to delivery of the goods.

The Seller shall be liable without limitation on the basis of its own guarantee promise, unless otherwise regulated in this respect, and on the basis of mandatory liability, such as under the Product Liability Act.

The seller shall not be liable for the recovery of data unless it has caused the loss intentionally or through gross negligence and the customer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort. Otherwise, the seller’s liability is excluded.

The seller shall not be liable for the loss of a consignment in the event of a storage or garage contract, irrespective of a different designation, between the buyer and the commissioned transport company. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

Use of customer data

With regard to all data concerning the business relationship with the customer, the data protection regulations apply, which can be found in our online store. For further questions on the subject of data protection, the buyer can refer to the information page www.viveroo.com/datenschutz/. Otherwise, the buyer can send inquiries to info@viveroo.com.

Information on dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://webgate.ec.europa.eu/odr/ This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Place of jurisdiction, applicable law, partial invalidity

In business transactions with merchants and legal entities under public law, Paderborn is agreed as the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and checks; the seller is also entitled to file suit at the customer’s registered office.

German law shall apply exclusively. In business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that consumer law provisions are mandatory.

If individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions shall remain valid.