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 that a consumer or entrepreneur (hereinafter the "Customer") concludes with KnobiVital, in the version valid at the time of the order.

1.2 Our deliveries, services and offers are based exclusively on these GTC. The GTC also apply to companies for all future business relationships, even if they are not expressly agreed on a case-by-case basis. The application of the Customer's own terms that contradict our GTC are hereby excluded.

1.3 You can view and print the currently valid GTC here: https://www.knobivital.de/en/terms-and-conditions.

1.4 Our products are for consumers in the context of §13 BGB and entrepreneurs. An entrepreneur in the sense of these GTC is a natural or legal person or a legal partnership which carries out commercial or independent professional activities upon entering into a legal transaction.

1.5 The language available for the conclusion of the contract is exclusively German.


2. Contract terms


2.1 Your contractual partner is

KnobiVital Naturheilmittel GmbH

CEO: Peter Hänsler
Kellerbühlstr. 2
88239 Wangen im Allgäu

Registration court: District court of Ulm 
Business ref. no.: HRB 723 566 
VAT ID no.: DE 264 854 856

Telephone: +49 (0)7528 920 94 0 
Fax: +49 (0)7528 920 94 12 
Email:  
Internet: www.knobivital.de/en

 

2.2 You can order products by telephone, email or post.

2.3 The presentation of goods on our website does not constitute a binding application to conclude a purchase contract. The presentation is, however, a non-binding invitation to order goods.

2.4 KnobiVital may accept your order within 5 days by sending a written order confirmation or an order confirmation in text form (fax or email) whereby the receipt of the order confirmation by you is decisive, or by delivering the goods you have ordered whereby the receipt of the goods by you is decisive in this respect, or by requesting payment from you for such goods.
If several of the aforementioned alternatives are available, the contract shall take effect at the point when the first of the alternatives occurs. The period of acceptance of the order shall commence the day after you send the order and shall expire at the end of the fifth day following the sending of the order. Should KnobiVital fail to accept the order from you within the aforementioned period, the order will be considered as declined, and you are therefore no longer bound by your declaration of intent.

2.5 The order transaction and contact shall generally take place via post. You must ensure that the address provided during the order process is correct so that the goods shipped will be received at this address.

 

3. Right of withdrawal

3.1 If you are a Customer in the sense of § 13 BGB (German Civil Code), you may cancel your contractual acceptance in text form (e.g. post, email or fax) within 14 days following receipt of the goods, without providing the reason for such cancellation. The cancellation period is 14 days from the date on which you, or a third party designated by you who is not the carrier, took possession of the goods (in the case of a regular delivery of goods over a specified period of time, from the date on which you or a third party designated by you who is not the carrier, took possession of the goods).

 

To exercise your right of withdrawal, you must notify us:

KnobiVital Naturheilmittel GmbH
CEO: Peter Hänsler Kellerbühlstr. 2
88239 Wangen im Allgäu

Fax: +49 (0)7528 920 94 12 
Email:

 

of your decision to cancel this contract with a clear statement (e.g. via a letter sent by post, fax or email). You can also optionally use the template cancellation form.

To comply with the cancellation period, simply send your notification regarding your right of cancellation prior to the expiry of the cancellation period.

3.2 If you cancel this contract, we shall immediately refund all payments received from you, including delivery costs (with the exception of the additional costs arising from your choice to use a mode of delivery other than the cheapest standard delivery offered by us), and no later than within 14 days from the date on which we received notification of your cancellation of this contract. We will issue your refund via the same payment method you used in the original transaction, unless expressly agreed otherwise with you. Under no circumstances will the refund incur any additional fees.

We may refuse to issue a refund until we have received the returned goods, or until you have provided proof that you have returned the goods, whichever is the earlier date. You must return or surrender the goods to us immediately and, in any case, no later than 14 days from the date on which you notified us of the cancellation of this contract. You have fulfilled this deadline if you dispatched the goods before the expiry of a period of 14 days. You shall bear the direct costs of returning the goods.
You will only be required to pay for any loss in value of the goods if such loss is the result of handling that was not necessary for inspecting the nature, properties and functionality of the goods.

 

3.3 In accordance with § 312g para 2 sentence 1 no. 2 and 3 BGB (German Civil Code), the right of withdrawal is excluded for contracts for the delivery of goods that are subject to rapid deterioration, or which are not suitable to return to safeguard human health, or for reasons of hygiene if the seal on such goods was broken or removed after delivery.

 

Template cancellation form

If you wish to cancel the contract, please complete this form and return it to us.

To:

KnobiVital Naturheilmittel GmbH 
CEO: Peter Hänsler 
Kellerbühlstr. 2  
88239 Wangen im Allgäu

Fax: +49 (0)7528 920 94 12 
Email:

 

I/We (*) hereby cancel 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 Customer(s)

 

Address of Customer(s)

 

Signature of Customer(s) (with a notification on paper only)

 

Date


_____________________________________

(*) Delete as applicable


Please do you utmost to avoid damage to and contamination of the goods. If possible, please return the goods to us in their original packaging with all accessories and all the packaging components, with sufficient postage to cover the cost of shipment. If necessary, please use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage to avoid claims for damages arising from defective packaging.

 

Please note that the above terms are not a prerequisite for the effective exercise of the right of withdrawal.

 

4. Prices and payment terms

4.1 The prices quoted at the time of the order shall apply. Unless otherwise stated in the KnobiVital product description, the prices quoted are total prices in Euros and include the statutory rate of VAT. Any additional delivery and shipping costs incurred will be specified separately in the respective product description.

4.2 No minimum order value is stipulated, unless any other agreements have been concluded between the purchaser and the seller.

4.3 Payment shall be made by invoice or advance payment.

Invoice: You pay the relevant invoice after you have received the goods.

Advance payment: You pay in advance by bank transfer. The order will be processed immediately after receipt of payment.

 

Bank details for Germany 
Volksbank Allgäu-Oberschwaben eG  
IBAN: DE 28 6509 1040 0140 6780 00 
BIC: GENODES1LEU

 

Bank details for Austria 
Sparkasse Bregenz 
Account number: 03400 – 017640 
Bank code: 20601
IBAN: AT 98 2060 1034 0001 7640 
BIC: SPBRAT2BXXX

 

4.4 If an advance payment has been agreed, payment shall be due immediately after conclusion of the contract.

4.5 If delivery on invoice has been agreed, the invoice amount will be due for payment immediately upon full delivery, unless otherwise agreed, and with no discount applied.

4.6 If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5% above the base rate (for consumers) and 9% above the base rate (for entrepreneurs). You will be charged a reminder fee of 2.50 € for each reminder letter sent to you after the default payment occurs, unless a lower or higher level of damage is proven in individual cases.

4.7 Any fees incurred for bank transfers from the EU and non-EU countries shall be charged to the Customer.

 

5. Delivery and shipping terms

5.1 The delivery of goods shall take place using the delivery mode and to the address you have specified, unless otherwise agreed.

5.2 The shipment shall be carried out by the parcel service or the carrier to the agreed delivery address.

5.3 We will calculate the shipping charge incurred for orders. 
Shipping costs for Germany: 5.20 € 
Shipping costs for Austria and France: 7.50 € 
Shipping costs for other EU countries: from 13.00 € 
Shipping costs for countries outside the EU on application

5.4 Entrepreneurs will receive free shipping within Germany for orders of a minimum of 12 bottles. Consumers will receive free shipping within Germany for orders of a minimum of 4 bottles.

5.5 The delivery time within Germany is a maximum of 5 days. No deliveries are made on Sundays and public holidays. If, exceptionally, an item is out of stock or not immediately available and the delivery time is extended accordingly, this will be indicated separately on the respective product page or we will send you a notification.

5.6 The delivery time to EU countries is a maximum of 8 days. Information on the delivery time to countries outside the EU is available on request.

5.7 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall only be transferred to the Customer when KnobiVital has delivered the items to the carrier, the freight forwarder or the person or establishment responsible for the shipment of such. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only essentially be transferred when the goods are delivered to the Customer or a person authorised to receive them. Alternatively, the risk of accidental loss and accidental deterioration of the goods sold and also with respect to consumers, shall only be transferred to the Customer when KnobiVital has delivered the goods to the carrier, freight forwarder or other person or establishment designated to carry out the shipment and KnobiVital has not previously named this person or establishment to the Customer.

5.8 Customers may also collect their orders from the KnobiVital factory outlet during the following opening times:

Monday to Thursday 8:00 am - 5:00 pm
Friday: 8:00 am - 2:00 pm

 

6. Retention of title

6.1 With respect to consumers, KnobiVital shall retain ownership of the goods delivered until the full payment of the purchase price.

6.2 With respect to entrepreneurs, KnobiVital shall retain ownership of the goods delivered until the all receivables arising from an ongoing business relationship are settled in full.

6.3 If the Customer is an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The Customer shall assign to KnobiVital all receivables arising with respect to third parties in the amount of the respective invoice value (including VAT). This assignment shall apply regardless of whether the reserved goods were resold without or after processing. The Customer remains authorised to collect the receivables even after assignment. KnobiVital's authority to collect the receivables itself shall remain unaffected. However, KnobiVital will not collect receivables if the Customer meets his payment obligations with respect to KnobiVital, does not fall into arrears and no application to open insolvency proceedings has been filed.

6.4 With respect to entrepreneurs, we shall release the securities to which we are entitled on request insofar as the realisable value of our securities exceeds the receivables to be secured by over 10%. We shall be liable for selecting the securities to be released.

 

7. Liability for defects

7.1 Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the law on sales (§§ 433 et seq. BGB (German Civil Code)). If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 If you order as a consumer, please file a complaint to the delivery agent should the goods delivered exhibit obvious transport damage, and notify KnobiVital of such complaint. Failure to do so will not affect your statutory or contractual claims for defects.

7.3 Alternatively, if the Customer is an entrepreneur, KnobiVital shall, at its discretion, select the type of supplementary performance.

7.4 The limitation period for defects is one year from the transfer of risk. The limitation period shall not be reset if a replacement delivery is made within the scope of the liability for defects.

7.5 In addition, the statutory limitation periods for the right of recourse for entrepreneurs pursuant to § 478 BGB (German Civil Code) shall remain unaffected.

7.6 If the Customer is a trader within the meaning of § 1 HGB (German Commercial Code), the commercial duty to examine and the requirement to give notice of defects shall apply pursuant to § 377 HGB. Should the Customer fail to comply with the notification requirements stipulated therein, the goods shall be considered accepted.

 

8. Liability

KnobiVital shall hold you harmless from all contractual, quasi-contractual, legal and tortious claims for damages and reimbursement of expenses as follows:

8.1 KnobiVital shall assume full liability,
on any legal grounds,
in the event of intent or gross negligence and wilful or negligent injury to life, limb or health arising from mandatory liability,
e.g. under the Product Liability Act.

8.2 Should KnobiVital negligently violate an essential contractual obligation, liability shall be limited to the foreseeable damage that is typical for this type of contract, unless unlimited liability exists in accordance with the paragraph above. Essential contractual obligations are obligations imposed on KnobiVital under the contract in terms of its content to achieve the purpose of the contract, the fulfilment of which enables the correct execution of the contract in the first place and on whose observance you can routinely rely.

8.3 The above stipulations of liability also apply to the vicarious agents and legal representatives of KnobiVital.

 

9. Redemption of promotional vouchers

9.1 Vouchers with a specific period of validity issued free of charge by KnobiVital as part of a promotion and which cannot be purchased by you (hereinafter "Promotional Vouchers") may only be redeemed directly from KnobiVital and only during the validity period specified.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction applies to the content of the voucher.

9.3 Promotional vouchers may only be redeemed prior to the conclusion of the order process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods purchased must at least correspond to the amount of the promotional voucher.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods provided by KnobiVital may be selected to pay the difference.

9.7 The credit granted through a promotional voucher will be neither paid out in cash nor accrue interest.

9.8 The promotional voucher will not be refunded if you return the goods paid for in full or in part with the promotional voucher within the scope of your statutory right of withdrawal.

 

10. Customer service

10.1 Should you have any queries, complaints or claims, please contact our customer service department as follows: Monday to Thursday from 8:00 am - 5:00 pm and Friday from 8:00 am - 2:00 pm by telephone +49 (0)7528 20 6000 and email: .

 

11. Applicable law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties to the exclusion of 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 only applies insofar as the protection granted is not removed by mandatory provisions of the state in which the consumer has his habitual residence.

11.2 If you are a trader, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with any contracts concluded between you and us.

 

12. Final provisions

12.1 The European Commission has provided a platform for online dispute resolutions (ODR), which you can view here: http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

12.2 Should one or more provisions of this GTC be or become ineffective, the effectiveness of the other provisions will remain unchanged.

 

 

Wangen im Allgäu, July 2018