General Terms and Conditions of Business of the PRO-VITA-OLEUM Company
General Terms and Conditions of Business
Stargarder Str. 1A
§1 Validity of the terms and conditions
The deliveries, services and offers of the Seller will be made exclusively on the basis of the Terms and Conditions.
§2 Agreement of contract
Offers contained in brochures, advertisements, etc. are subject to change and non-binding - also with regard to price quotations. The seller is bound by individually prepared offers for 30 calendar days. Subsidiary agreements, changes and additions to a contract must be agreed in writing. The descriptions and specifications stipulated at the time of conclusion of the contract represent the technical status at that time. The Seller expressly reserves the right to make design changes for deliveries under this contract, provided that these changes are not of a fundamental nature and the contractual purpose is not significantly restricted.
The agreed prices are valid for purchase contracts. These include the statutory value added tax.
§4 Sale of goods
1. delivery times
The delivery time is usually 2 - 5 working days after receipt of payment, provided that the goods are available!
2 Warranty and liability
2.1 The customer's claims against PRO-VITA-OLEUM in the event of defects have to be made in accordance with the statutory provisions within the statutory periods, insofar as no deviations result from the following provisions. The statutory warranty period is currently two years.
2.2 Damage caused by improper measures or measures contrary to the contract on the part of the customer, during installation, connection, operation or storage, will not justify any claim against PRO-VITA-OLEUM. The impropriety and lack of conformity with the contract are determined in particular in accordance with the manufacturer's specifications.
2.3 In the event of the purchase of a used item, the customer's claims for defects shall become statute-barred upon expiry of one year from receipt of the goods. The reduction of the warranty period to one year shall not apply if the obligation to pay compensation is based on a physical injury or damage to health due to a defect for which the seller is responsible or on intentional conduct or gross negligence on the part of the seller or his vicarious agents. Notwithstanding the foregoing, the Seller shall be liable under the Product Liability Act.
2.4 If the customer is an entrepreneur and the ordered service is provided for his business enterprise, his claims for defects shall become statute-barred one year after receipt of the goods.
3. proprietary rights
Sold items shall remain the property of PRO-VITA-OLEUM until the purchase price has been paid in full. Only upon receipt of payment of the full purchase price on the business account shall ownership of the item pass to the purchaser without further ado. The purchaser undertakes not to dispose of the item by sale, pledge, lease, loan or in any other way until the purchase price has been paid in full. The buyer undertakes to notify us immediately if the object is seized or claimed by a third party. The buyer shall reimburse all court and out-of-court costs incurred for the removal of attachments and retentions as well as for the procurement of the object, insofar as he has culpably caused the incurrence of these costs. The buyer undertakes to handle the object properly as long as ownership has not yet passed to him and to ensure appropriate cleaning. The risk of damage to and destruction of the item shall be borne by the buyer.
Payments are due immediately.
No delivery will be made without receipt of payment in full!
5. distance selling / right of revocation
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must send us
Stargarder Str. 1A
Phone: +49 152 26087220
by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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 for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to PRO-VITA-OLEUM, Catrin Scholl, Stargarder Str. 1A, 60388 Frankfurt, Germany, without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable 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 testing the quality, characteristics and functioning of the goods.
According to § 3 paragraph 3 HWiG we reserve the right to charge a customary fee for the surrender or use of the item. This does not violate the provision of the Distance Selling Law (FARL Art. 6 para. 2 p. 2: "The only costs that can be imposed on the consumer as a result of exercising his right of withdrawal are the direct costs of returning the goods"), as these claims do not arise "as a result of exercising a right of withdrawal" but as a result of using the goods received.
7 Information on the Battery Ordinance
In connection with the sale of batteries or accumulators or with the delivery of devices containing batteries or accumulators, we are obliged to inform you of the following in accordance with the Battery Ordinance:
Batteries must not be disposed of in household waste. As the end user, you are legally obliged to return used batteries. After use, you can return batteries free of charge to the point of sale or in your immediate vicinity (e.g. to municipal collection points or retailers). You can also return batteries to us by post.
In any case, we will even reimburse you the postage for the return shipment of your used battery.
Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out waste bin.
Near the waste bin symbol is the chemical name of the pollutant.
"Cd" stands for cadmium, "Pb" for lead and "Hg" for mercury.
8. risk transfer
We ship our goods well packed and exclusively insured at our risk and transfer of risk.
The transfer of risk takes place when the goods are handed over to the customer.
§5 Registration and purchase of services (trainings, workshops, lectures, consulting, etc.)
By registering, the participant bindingly accepts the general terms and conditions of the organiser.
2 Registration and placing of orders
2a for trainings/workshops
Registrations for training courses and workshops must be made in writing using the registration form. Each registration is binding. After successful written registration, a confirmation of registration including detailed information as well as an invoice will be sent. Due to the limited number of participants in the training courses and workshops, registrations will be considered in the order in which they are received. The data received with the registration will be stored in compliance with the data protection regulations.
2b for lectures
Registrations for lectures must be made in writing by email. Each registration is binding. After written registration, a confirmation of registration will be sent by email. Due to the limited number of participants for the lectures, registrations will be considered in the order in which they are received. The data received with the registration will be stored in compliance with the data protection regulations.
3 Cancellation of events
The organiser reserves the right to cancel events due to an insufficient number of participants. In the case of cancellation, participants will be notified at least 5 working days before the start of the event and the costs will be waived or refunded. If an event is cancelled due to illness of the trainer, force majeure or other unforeseeable events, there is no entitlement to the event being held. In this case, the costs will also be waived or refunded. However, travel and accommodation costs as well as expenses incurred due to loss of working hours will not be reimbursed.
4 Payment and Cancellation
4 a Trainings and workshops
The organiser will send a confirmation of registration with detailed information on the event (training location, date and time, any utensils to be brought, etc.) as well as an invoice after written registration. The registration is only binding if the course fee has been paid in full at least 10 days before the start of the event.
Cancellation of the training/workshop must be made in writing (by post or e-mail) by participants who have already registered. The date of receipt of the letter is deemed to be the date of receipt.
In case of cancellation, the refund will be as follows:
More than 6 weeks before the start of the training 100% refund.
6 weeks to 2 weeks before the start of the course 50% refund
Less than 2 weeks before the start of training no refund
The cancellation fee is payable irrespective of the reasons for cancellation. In the event of missing one or more days, there is no entitlement to a refund or partial refund of the costs.
The organiser will send a confirmation of registration by email after the written registration has been received. The registration is only then binding. The costs will be paid in cash on the day of the event at the entrance.
Cancellation of the lecture must be made in writing by participants who have already registered (by post or by email). The date of receipt of the letter is deemed to be the date of receipt.
In case of cancellation, the refund will be as follows:
More than 2 weeks before the start of the training 100% refund.
2 weeks to 5 days before the start of the course 50% refund
Less than 5 days before the start of training no refund
The cancellation fee is payable regardless of the reason for cancellation.
5 Accommodation and catering costs
The costs for overnight accommodation and meals are not part of our service.
Each participant assumes full responsibility for him/herself, both inside and outside the event. Furthermore, the participant is responsible for any damage caused by him/her and releases the organiser and seminar leader from liability claims.
Insofar as the purchaser is a registered trader, a legal entity under public law or a special fund under public law, the court which has jurisdiction for the registered office of the seller is agreed as the place of jurisdiction for both parties for any disputes arising from the contracts and legal relationships connected with them.
§ 6 Data protection
(1) The rights of the customer under this contract are not transferable.
Should one or more provisions of these General Terms and Conditions be invalid, this shall not entail the invalidity of the entire General Terms and Conditions. The invalid provision shall be replaced by the relevant statutory provision. 3.
The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. German law shall apply.
4. the buyer shall be a natural person of unlimited legal capacity who has reached the age of 18!
PRO-VIA-OLEUM reserves the right to make price changes as well as changes in the General Terms and Conditions. Frankfurt, July 2017