General Terms and Conditions of KnobiVital Naturheilmittel GmbH
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of KnobiVital Naturheilmittel GmbH (hereinafter "KnobiVital") apply to all contracts for the supply of goods entered into by a consumer or entrepreneur (hereinafter "Customer") with KnobiVital in the version valid at the time of the order.
1.2 Our deliveries, services, and offers are provided exclusively on the basis of these GTC. The GTC shall also apply to all future business relationships with companies, even if they are not expressly agreed upon again. Any inclusion of a customer's terms that contradict our GTC is hereby rejected.
1.3 You can access and print the current valid GTC at https://www.knobivital.de/agb.html.
1.4 Our offer is directed to consumers within the meaning of §13 BGB and to entrepreneurs. An entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.5 The language available for concluding the contract is exclusively German.
2. Conclusion of Contract
2.1 Your contractual partner is the
KnobiVital Naturheilmittel GmbH
Managing Director: Peter Hänsler
Kellerbühlstr. 2
88239 Wangen im Allgäu
Telephone: +49 (0)7528 920 94 0
Fax: +49 (0)7528 920 94 12
Email: info@knobivital.de
Website: www.knobivital.de
Registration Court: Ulm District Court
Company Number: HRB 723 566
VAT Identification No.: DE 264 854 856
2.2 You can order our products by telephone, by email, or by post.
2.3 The presentation of goods on our website does not constitute a binding offer to conclude a purchase contract. Rather, it is an invitation to order goods on a non-binding basis.
2.4 KnobiVital may accept your offer within five days by either sending you a written order confirmation or a confirmation in text form (fax or email) – in which case the receipt of the confirmation by you is decisive – or by delivering the ordered goods, whereby the receipt of the goods by you is decisive, or by requesting payment. If several of the aforementioned alternatives occur, the contract is concluded at the moment when the first alternative occurs. The period for accepting the offer begins on the day following the dispatch of your offer and ends at the expiry of the fifth day following the dispatch. If KnobiVital does not accept your offer within the stated period, this shall be regarded as a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.
2.5 The order processing and communication generally take place by post. You must ensure that the address provided during the order process is correct so that the goods sent by us can be received at that address.
3. Right of Withdrawal
3.1 If you are a consumer within the meaning of § 13 BGB, you may withdraw your contractual declaration within 14 days of receiving the goods without giving any reason, in text form (e.g., by post, email, or fax). The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the goods (in the case of regular deliveries over a fixed period, from the day on which you or a third party named by you, who is not the carrier, takes possession of the first good).
To exercise your right of withdrawal, you must
KnobiVital Naturheilmittel GmbH
Managing Director: Peter Hänsler
Kellerbühlstr. 2
88239 Wangen im Allgäu
Fax: +49 (0)7528 920 94 12
Email: info@knobivital.de
notify us of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, fax, or email). You may use the sample cancellation form, which is not mandatory.
In order to meet the withdrawal deadline, it is sufficient for you to send your notification of withdrawal before the withdrawal period expires.
3.2 If you withdraw from this contract, we will refund you all payments received from you, including delivery costs (with the exception of additional costs arising from your choice of a mode of delivery other than our least expensive standard delivery), immediately and in any event within fourteen days from the day on which we receive your notification of withdrawal. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this refund.
We may withhold the refund until we have received the goods back or until you provide evidence that you have returned the goods, whichever occurs first. You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the immediate costs of returning the goods.
You are liable for any diminution in value of the goods only if this reduction is due to handling that is not necessary to determine the goods’ nature, characteristics, and functionality.
3.3 In accordance with §312g (2) sentence 1 no. 2 and 3 BGB, the right of withdrawal is excluded for contracts for the supply of goods that perish quickly or are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Sample Cancellation Form
If you wish to withdraw from the contract, please complete this form and send it back.
To
KnobiVital Naturheilmittel GmbH
Managing Director: Peter Hänsler
Kellerbühlstr. 2
88239 Wangen im Allgäu
Fax: +49 (0)7528 920 94 12
Email: info@knobivital.de
Herewith, I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the Consumer(s)
Address of the Consumer(s)
Signature of the Consumer(s) (only if the notification is on paper)
Date
_____________________________________
(*) Delete as appropriate
Please avoid damage and contamination. Please return the goods in the original packaging with all accessories and all packaging components, sufficiently stamped, if possible. Use a protective outer package if necessary. If you no longer have the original packaging, please ensure with suitable packaging that the goods are adequately protected against transport damage in order to avoid any claims for damages due to insufficient packaging.
Please note that the aforementioned procedures are not a prerequisite for the effective exercise of the right of withdrawal.
4. Special Provisions for Subscription Contracts
4.1 By concluding a KnobiVital subscription, you agree to regularly receive your desired number of bottles of KnobiVital directly from KnobiVital Naturheilmittel GmbH.
4.2 The term of the contract begins on the date the subscription is concluded or on a desired subscription start date and ends according to the agreed conditions or automatically after the fixed term expires.
4.3 Delivery is made on a monthly basis. The price of the selected type of KnobiVital is the monthly subscription price. The type of subscription can be changed through our customer service. In the event of a change in type, the new price shall apply as the monthly subscription price.
4.4 Payment for the subscription is made according to the agreed payment terms. Payment is due at the agreed time.
4.5 The subscription can be cancelled by you at any time by telephone or in writing.
4.6 We are entitled to unilaterally change the contractual conditions of the subscription. We will inform you of such changes with reasonable notice. Should you not agree to the changes, your subscription will be terminated at the end of the month. Please note that we will terminate your subscription without further notification.
4.7 In the event of late payment, non-settlement of outstanding claims despite reminders, or conduct contrary to the contract despite a reminder, we reserve the right to terminate the subscription with one month’s notice to the end of the month.
4.8 It is also possible to gift our KnobiVital subscription. To do so, select the desired type and duration and provide us with the recipient’s address. The recipient will be notified by us and will receive the delivery selected by the giver. A change to the subscription can only be made by the giver.
5. Prices and Payment Terms
5.1 The prices in effect at the time of the order apply. Unless otherwise stated in the product description by KnobiVital, the prices indicated are total prices in euros including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
5.2 Unless otherwise agreed between the buyer and the seller, no minimum order value applies to the order.
5.3 Payment is made by invoice or advance payment.
Invoice: You pay by invoice after you have received the goods.
Advance Payment: You pay in advance by bank transfer. After receipt of payment, the order will be processed immediately.
Bank Details in Germany
Volksbank Allgäu-Oberschwaben eG
IBAN: DE 28 6509 1040 0140 6780 00
BIC: GENODES1LEU
Bank Details in Austria
Sparkasse Bregenz
Account Number: 03400 – 017640
Bank Code: 20601
IBAN: AT 98 2060 1034 0001 7640
BIC: SPBRAT2BXXX
5.4 If advance payment is agreed, payment is due immediately after the contract is concluded.
5.5 If delivery on invoice is agreed, the invoice amount becomes due for payment immediately after complete delivery, unless otherwise agreed, without deduction.
5.6 If you are in default of payment, you are obliged to pay the statutory default interest at a rate of 5 percentage points above the base rate (for consumers) and 9 percentage points above the base rate (for entrepreneurs). For each reminder sent after default, a reminder fee of 2.50 EUR will be charged, unless in individual cases a lower or higher loss is proven.
5.7 The fees for bank transfers from EU and non-EU countries shall be borne by the customer.
6. Delivery and Shipping Conditions
6.1 The delivery of goods is carried out via shipping to the delivery address you have provided, unless otherwise agreed.
6.2 Shipping is performed by a parcel service or a forwarding agent to the agreed delivery address.
6.3 For orders, we charge the applicable shipping fee.
Shipping costs for Germany: 3,90 €
Shipping costs for Austria and France: 8,50 €
Shipping costs for other EU countries: from 13,00 €
Shipping costs for countries outside the EU on request
6.4 For entrepreneurs, delivery within Germany is provided free of charge for orders of at least 12 bottles. For consumers, delivery within Germany is provided free of charge for orders of at least 4 bottles.
6.5 The delivery time within Germany is a maximum of 3 days. No delivery is made on Sundays and public holidays. If an item is exceptionally out of stock or not immediately deliverable and the delivery time is extended accordingly, this will be indicated separately on the respective product page or you will be informed by us.
6.6 The delivery time for EU countries is a maximum of 8 days. Information on the delivery time for countries outside the EU is available upon request.
6.7 If the customer is an entrepreneur, the risk of accidental loss and deterioration of the sold goods passes to the customer as soon as KnobiVital has delivered the goods to the carrier, freight forwarder, or any other person or institution designated for the shipment. If the customer is a consumer, the risk of accidental loss and deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, for consumers the risk also passes as soon as KnobiVital has delivered the goods to the carrier, freight forwarder, or any other person or institution designated by the customer and commissioned by them, provided that KnobiVital has not previously named that person or institution to the customer.
6.8 Self-collection is possible at the KnobiVital factory outlet, subject to the following opening hours.
Monday to Thursday: 8:00 to 17:00
Friday: 8:00 to 14:00
7. Retention of Title
7.1 For consumers, KnobiVital retains ownership of the delivered goods until the full purchase price has been paid.
7.2 For entrepreneurs, KnobiVital retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.
7.3 If the customer is an entrepreneur, he is entitled to resell the retained goods in the normal course of business. All claims arising against third parties are assigned by the customer to KnobiVital in the amount of the respective invoice value (including VAT) in advance. This assignment applies regardless of whether the retained goods are resold unprocessed or after processing. The customer remains entitled to collect the claims even after the assignment. KnobiVital’s authority to collect the claims itself remains unaffected. However, KnobiVital will not collect the claims as long as the customer meets his payment obligations to KnobiVital, is not in default, and no application for insolvency proceedings has been filed.
7.4 For entrepreneurs, we undertake to release the securities due to us upon request, provided that the realizable value of our securities exceeds the secured claims by more than 10%. The selection of the securities to be released is at our discretion.
8. Liability for Defects
8.1 Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the law of purchase (§§ 433 et seq. BGB). If the goods are defective, the statutory defect liability provisions apply.
8.2 If you are a consumer, please report any obvious transport damages to the carrier and inform KnobiVital accordingly. Failure to do so shall not affect your statutory or contractual warranty claims.
8.3 Notwithstanding the foregoing, if the customer is an entrepreneur, KnobiVital has the right to choose the type of subsequent performance.
8.4 The limitation period for defects is one year from the transfer of risk. The limitation period does not restart in the event of a replacement delivery under the warranty.
8.5 Furthermore, for entrepreneurs, the statutory limitation periods for recourse claims pursuant to § 478 BGB remain unaffected.
8.6 If the customer is a merchant within the meaning of §1 HGB, he is subject to the commercial examination and complaint obligation according to §377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed accepted.
9. Liability
KnobiVital shall be liable to you for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory, including tortious, claims as follows:
9.1 KnobiVital is fully liable on any legal basis
in cases of intent or gross negligence, in cases of intentional or negligent harm to life, body, or health,
and on the basis of strict liability, such as under the Product Liability Act.
9.2 If KnobiVital negligently breaches a material contractual obligation, its liability is limited to the typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations imposed on KnobiVital by the contract to achieve its purpose, whose fulfillment is essential for the proper performance of the contract, and on which you may regularly rely.
9.3 The foregoing liability provisions also apply with regard to KnobiVital’s vicarious agents and legal representatives.
10. Redemption of Promotional Vouchers
10.1 Vouchers that are issued free of charge by KnobiVital as part of promotional campaigns with a specified validity period and that cannot be purchased by you (hereinafter "Promotional Vouchers") can only be redeemed directly with KnobiVital and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the content of the Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed prior to the completion of the order process. Subsequent offsetting is not possible.
9.4 For each order, only one Promotional Voucher can be redeemed.
10.5 The value of the goods must be at least equal to the amount of the Promotional Voucher.
10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by KnobiVital may be chosen to settle the difference.
10.7 The credit of a Promotional Voucher will neither be paid out in cash nor will it accrue interest.
10.8 The Promotional Voucher will not be refunded if you return the goods, which were paid for wholly or partially with the Promotional Voucher, within the scope of your statutory right of withdrawal.
11. Customer Service
11.1 You can reach our customer service for inquiries, complaints, and concerns from Monday to Thursday from 8:00 to 17:00 and on Friday from 8:00 to 14:00 at the telephone number +49 (0)7528 20 6000 as well as by email at info@knobivital.de.
12. Applicable Law
12.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG "UN Sales Law"). For consumers, this choice of law shall apply only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
12.2 If you are a merchant, a legal entity under public law, or a special fund under public law, then our place of business shall be the jurisdiction for all disputes arising from or in connection with contracts between you and us.
13. Final Provisions
13.1 The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
13.2 Should one or more provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
Wangen im Allgäu, March 2024