Terms and Conditions

1) Scope
2) Conclusion of the Contract
3) Right of Withdrawal
4) Prices and Payment Terms
5) Delivery and Shipping Conditions
6) Retention of Title
7) Liability for Defects (Warranty)
8) Redemption of Promotional Vouchers
9) Applicable Law
10) Place of Jurisdiction
11) Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of ViVe Supplements B.V. (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing 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 completes the ordering process. The Customer may also submit the offer to the Seller by telephone, fax, e-mail, post or online contact form.

2.3 The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer 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 their declaration of intent.

2.4 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these Terms and Conditions after the Customer has submitted the order. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account using the relevant login details, provided that the Customer created a customer account in the Seller's online shop before submitting the order.

2.5 Before submitting the order in a binding manner via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that 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 generally have a right of withdrawal (see: Right of Withdrawal).

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy (see: Right of Withdrawal).

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of funds if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

4.5 If payment is made using a payment method offered by PayPal, payment processing is carried out 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 for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If payment by invoice is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice unless otherwise agreed. The Seller reserves the right to offer payment by invoice only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in the payment information in the online shop. The Seller also reserves the right to carry out a credit check when payment by invoice is selected and to reject this payment method if the credit check is negative.

4.7 If SEPA direct debit is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before expiry of the period for prior notification of payment. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before expiry of the period for prior notification. Prior notification ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to incorrect bank details, or if the Customer objects to the debit despite not being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if the Customer is responsible for this. The Seller reserves the right to carry out a credit check when SEPA direct debit is selected and to reject this payment method if the credit check is negative.

5) Delivery and Shipping Conditions

5.1 Goods are delivered by shipment to the delivery address specified by the Customer unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer effectively exercises their right of withdrawal, if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance.

5.3 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, the Seller retains title to 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 statutory liability for defects apply.

7.2 The Customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

8.3 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

8.4 Only one Promotional Voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

8.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

8.9 The Promotional Voucher is transferable. The Seller may discharge its obligations by providing the service to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

9) Applicable Law

9.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

10) Place of Jurisdiction

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 Seller's registered office. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's registered office 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 Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.

11) Alternative Dispute Resolution

11.1 The EU Commission provides an online dispute resolution platform on the Internet at the following link: http://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 dispute resolution proceedings before a consumer arbitration board.