General terms and conditions with
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Gift certificate redemption
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Vivuna Ltd.
(hereinafter "Seller"), shall apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online store of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can make the offer via the integrated in the online store of the seller
online order form. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller may accept the customer's offer within five days,
- by providing the customer with a written order confirmation or a
confirmation of order in text form (fax or e-mail), whereby in this respect the
receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after the customer's order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded in the
The offer shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When selecting a payment method offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie,
- If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe user agreement, which can be viewed at
https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as a payment method during the online ordering process, by clicking the button that concludes the ordering process, he also issues a payment order to
Amazon. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
- When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
- Before bindingly placing the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
- The German and English languages are available for the conclusion of the contract.
- The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that the e-mails sent by the seller can be received at this address.
In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, which include the statutory
Sales tax included. If applicable, additional delivery and other charges shall be
Shipping costs are indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online store.
4.3 If prepayment by bank transfer is agreed, payment is due immediately after
contract, unless the parties have agreed on a later due date.
4.4 When selecting the payment method "PayPal Credit" (installment payment via PayPal), the seller assigns his payment claim to PayPal. Prior to acceptance of the Seller's declaration of assignment, PayPal shall perform a credit check using the transmitted customer data. The seller reserves the right to offer the customer the payment method
"PayPal Credit" in the event of a negative audit result. If the
payment method "PayPal Credit" approved by PayPal, the customer has the
Invoice amount at the terms and conditions set by the seller, which are given to him in the
online store of the seller are notified to pay to PayPal. In this case, he can only pay PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims.
4.5 If the payment method "SOFORT" is selected, the payment is processed via the
Payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as
"SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process, and must have the
Confirm payment instruction to "SOFORT". The payment transaction will be executed by "SOFORT" immediately thereafter and the customer's bank account will be debited. More detailed information on the payment method "SOFORT" can be found by the customer on the Internet at https://www.klarna.com/sofort/.
4.6 When selecting the payment method "PayPal Invoice", the seller enters his
payment claim to PayPal. Prior to acceptance of the Seller's declaration of assignment, PayPal shall perform a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in case of a negative check result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless he is given a different payment deadline by PayPal. In this case, he can only pay to PayPal with debt-discharging effect. The seller remains, however, even in the case of
Assignment of receivables responsible for general customer inquiries e.g. regarding merchandise,
Delivery time, shipment, returns, complaints, revocations and
-deliveries or credit notes. The General Terms and Conditions of
4.7 When selecting the payment method credit card via Stripe, the invoice amount is to be paid with
contract is due immediately. The payment processing takes place via the
Payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand
Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
5) Delivery and shipping conditions
5.1 Delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3 The seller reserves the right to withdraw from the contract in case 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 diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.4 Self-collection is not possible for logistical reasons.
5.5 Vouchers are given to the customer as follows:
- via download - via e-mail
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of gift vouchers
8.1 Vouchers that can be purchased via the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Voucher.
8.2 Gift certificates and remaining gift certificate balances are redeemable until the end of the third year after the year of the gift certificate purchase. Remaining credits will be credited to the customer until the expiration date.
8.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Several gift vouchers can also be redeemed for one order.
8.5 Gift certificates can only be used to purchase merchandise and cannot be used to purchase additional gift certificates.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
8.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
8.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
Germany to the exclusion of the laws on the international purchase of movable
goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the
territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform on the Internet at the following link for the
Online dispute resolution ready: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.