Terms of service
General terms and conditions of business
§ 1 Scope
The following general terms and conditions (GTC) govern the contractual relationship between VITORI Health GmbH, Lohstraße 2, 07381 Pößneck (hereinafter referred to as "Seller") and the respective buyer for purchase and subscription contracts concluded via the Seller's online shop (https://vitori.de). Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby rejected.
Only the Terms and Conditions available online at the time of the order apply. These Terms and Conditions are stored by the seller and can be printed or saved locally by the buyer via the browser menu or using a keyboard shortcut (e.g., Ctrl + P or Ctrl + S).
§ 2 Subject of the contract
The seller operates an online shop under the website www.vitori.deThe subject of the contract is the sale of goods, in particular premium crystal mats, crystal belts, and crystal pillows. Details, in particular the essential characteristics of the goods, can be found in the item description and the additional information on the seller's website.
The seller also offers a subscription model (Flex-Abo). This allows for monthly use of the products with the option to take delivery of the goods after the expiration of the subscription period.
§ 3 Conclusion of contract
(1) The website www.vitori.de The product catalogue presented does not constitute a legally binding offer in the legal sense.
(2) In order to place an order, the buyer must add the item in question to the shopping cart by clicking the “Add to cart” button below the item price. The buyer must then click the “Buy now” button, which is displayed directly below the “Add to cart” button. The buyer will then be taken to the “Information” menu item. Here the buyer can enter their email address and delivery address. By clicking on the “Continue to shipping” field the buyer will be taken to the next menu item, “Shipping”. Here the buyer must specify the desired shipping method. By clicking on the "Continue to Payment" field, the buyer is taken to the "Payment" menu. Here, the buyer can select the desired payment method. By clicking on the "Review Order" field, the buyer is taken to the "Review" menu. There, he or she can see all the details, such as The contents of the shopping cart, shipping and billing information, as well as shipping costs and other costs, are displayed at a glance. By submitting the order, the buyer makes a binding offer to enter into a contract. Input errors can be corrected before submitting the order using standard keyboard and mouse functions. By clicking "Buy now," the buyer submits a binding offer to conclude a purchase contract.
(3) Upon receipt of the Buyer's offer by the Seller, the Buyer will receive an automatically generated email confirming receipt of the order and its details, i.e., containing the complete contract text. This confirmation of receipt does not constitute acceptance of the offer by the Seller.The contract is only concluded through express declaration of acceptance (order confirmation) of the seller. If the buyer does not receive a declaration of acceptance from the seller within 14 days, the offer is deemed rejected and the buyer is no longer bound by his order.
(4) For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). MeinEinkauf AG also handles customs clearance, invoicing, and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. To ensure smooth shipping, MeinEinkauf GmbH, based in Konstanz, Germany (DE285677365), is integrated into the distribution chain. This does not incur any additional costs for the buyer.
(5) Upon signing up for a Flex subscription, a one-time setup fee of €299 will automatically be due along with the first monthly payment. The exact terms and conditions of the subscription can be found in the specific provisions of these Terms and Conditions.
§ 4 Storage of the contract text
(1) After the conclusion of the purchase contract, the seller will save the contract text on his computer. The contract text is accessible to the buyer and can be requested by the buyer from the seller via email. The seller will send the contract text by email immediately following the buyer's request.
(2) Along with the confirmation email, the buyer will receive a cancellation policy, the seller's general terms and conditions, and the contract text. After receiving the confirmation email, the buyer has the option of saving the email and thus the contract text on the buyer's computer and retrieving it there until it is deleted.
(3) Furthermore, the buyer can log into his customer account on the seller's website by entering the user name and password created when opening the customer account and can view all his previous orders as well as the contract text in full. Furthermore, the buyer will receive the contract text again with the order confirmation. The buyer has the option of printing out the website and thus the contract text using the print function of his browser. The buyer can also click a right-click to save the website on your computer.
§ 5 Correction of input errors
The buyer can correct input errors using the “back one page” button on his browser. Correct. To better identify input errors, the buyer can use the zoom function in the browser display. To identify input errors, the buyer should always ask themselves whether what they intended and what they entered match. If there are any discrepancies, the buyer should cancel the process or correct the input error. Before confirming the "Buy now" order field (see Section 3 (2) of these General Terms and Conditions for more details), the buyer should always ensure that there are no input errors.
§ 6 Right of withdrawal for consumers
The following cancellation policy is directed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB). A consumer is defined as any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must contact us (Vitori Health GmbH, Lohstraße 2, 07381 Pößneck, Telephone: +493647 528 9688, Email: kontakt@vitori.de) by means of a clear statement (z.B. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract.
H.E.A.D. Logistics Germany GmbH
Augenseestraße 4
07381 Pößneck
to return or hand over the goods. This deadline is met if you send the goods before the expiry of the fourteen-day period.
We will cover the cost of returning the goods if you use the return label provided by us for returns within Germany. Otherwise, you will be responsible for the return shipping costs.
You only have to pay for any loss of value of the goods if this loss of value is due to handling by you which is not necessary to check the quality, properties and functioning of the goods.
End of the cancellation policy
Exclusion orpremature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, such as the white VitaMat® with personalized embroidery (custom-made)
- for the supply of goods which are liable to spoil quickly or whose expiration date would be quickly exceeded;
- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence;
- for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Cancellation form
(If you wish to cancel the contract, please fill out this form and send it back to)
To
VITORI Health GmbH
Lohstraße 2
07381 Pößneck
Phone: +493647 528 9688
E-mail: kontakt@vitori.de
I/we (*) hereby revoke 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 consumer(s) ___________________________________________________
Address of the consumer(s) ____________________________________________________
Signature of the consumer(s) (only if notification is on paper) ____________________________ Date
(*) Delete as appropriate
§ 7 Prices/due date and payment, payment methods and default
(1) All prices are quoted in euros and include statutory VAT. All prices are final prices including all price components (gross price). The buyer will receive an invoice with VAT shown.
(2) The applicable shipping costs are not included in the purchase price and can be found on the seller's website under the "Shipping" menu item. The applicable shipping costs will be shown separately during the ordering process and are to be borne by the buyer in addition, unless free shipping has been promised.
(3) Payment is possible via SEPA transfer (prepayment), direct debit, credit card (VISA, Mastercard, American Express) and PayPal possible.The purchase price is due immediately upon completion of the order by the buyer and must be paid in advance within 10 days of receipt of the order confirmation by the buyer.
(4) After expiry of the above-mentioned payment deadlines, the Buyer shall be in default of payment. If the Buyer defaults in payment, the Seller shall be entitled to demand statutory default interest. If the Seller can prove that it has incurred greater damages due to the delay, the Seller shall be entitled to claim such damages.
(5) For the Flex subscription, a one-time setup fee of €299 will be charged in addition to the monthly payment. This fee will be automatically added to your shopping cart and billed along with your first payment. During limited-time promotions, the setup fee and/or monthly payment may be reduced. The respective promotional price will be transparently displayed during the ordering process and is binding for the duration of the promotion.
(6) If the customer defaults on payment of the Flex subscription and does not make the outstanding payment within 14 days of the first reminder, the entire remaining purchase price of the rented product (€1,799 less any payments already made) will become due immediately.
(7) For products reserved via a non-binding pre-order with a deposit, the following applies: The deposit is non-refundable. In the event of a cancellation of the order by the buyer prior to delivery, the buyer will receive a voucher in the amount of the deposit paid. This voucher can be used flexibly for all products in the VITORI® online shop. A cash refund of the deposit is excluded.
§ 8 Delivery/Shipping
(1) Unless otherwise agreed, delivery shall be made within 6 weeks from the conclusion of the contract and receipt of payment to the delivery address specified by the buyer, unless otherwise agreed. The delivery address provided by the buyer during the ordering process is decisive for delivery.
(2) For further information on shipping, shipping costs and payment, please refer to the “Shipping” submenu on our website.
(3) Shipping is usually carried out by DPD using the shipping method DPD Express
§ 9 Retention of title
(1) The delivered goods remain the property of the seller until full payment has been made.
(2) In case of use of the Flex subscription The goods remain the property of the seller for the duration of the contract. After 24 months and full payment of all amounts, the goods automatically become the property of the buyer.
§ 10 Liability for defects
The legal regulations apply.
§ 11 Guarantee
-
Warranty period
1.1. Vitori provides a three-year warranty for all new products from the date of purchase. This exception applies to the VitaMat® and VitaMat® Mini, which are available in three different warranty packages. The warranty period depends on the package purchased: a two-year warranty, a five-year warranty, or a ten-year warranty.
1.2. For products marked as returned ("Returned Products"), a shortened warranty period of 1 year from the date of purchase applies. -
Warranty conditions
2.1. The warranty covers material and manufacturing defects that occur during the warranty period.
2.2.The warranty does not cover damage caused by improper handling, normal wear and tear, or external influences. -
Warranty extension
3.1. Customers have the option to extend the warranty period by 1 or 2 years by purchasing a warranty extension. This option must be selected when purchasing the product. -
Claiming the guarantee
4.1. In the event of a warranty claim, please contact our customer service, stating the purchase date and a detailed description of the defect.
4.2. Vitori reserves the right to repair, replace, or refund the purchase price of the defective product. -
Other provisions
5.1. These warranty conditions do not affect statutory warranty rights.
5.2. Further information about the warranty and how to make use of it can be found on our website or obtained from our customer service.
Note according to the Battery Act (BattG)
In connection with the sale of batteries or devices containing batteries, we are obliged to inform you of the following:
Used batteries must not be disposed of with household waste. As an end user, you are legally obligated to return used batteries. You can return used batteries that we carry or have carried as new batteries free of charge to our shipping warehouse or to a public collection point. Alternatively, you can return the batteries with sufficient postage to our warehouse:
HEAD Logistics
Augenseestraße 4
07381 Pößneck
Important: If you wish to return a defective item, you can request a free return label from us. Simply send us an email to kontakt@vitori.de.
Batteries are marked with the symbol of a crossed-out wheeled bin. This symbol indicates that batteries should not be disposed of with household waste. The following chemical symbols may appear below the symbol:
-
Pb: Battery contains lead
-
CD: Battery contains cadmium
-
Ed: Battery contains mercury
Please follow these instructions and help protect our environment.
§ 12 General Conditions
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction and performance for all disputes arising from this contract shall be the registered office of the seller.
(2) The Seller reserves the right to initiate legal proceedings at the Customer's general place of jurisdiction. For consumers, the Customer's general place of jurisdiction (residence) shall be decisive.
(3) The contract language is German
(4) The essential characteristics of the goods can be found in the respective item description.
(5) The Seller has not submitted to any specific code of conduct (rules).
§ 13 OS platform
Under applicable law, the seller is obligated to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need for court involvement. The European Commission is responsible for establishing the platform. The European Online Dispute Resolution Platform (ODR Platform) can be found here: http://ec.europa.eu/odr
§ 14 Special conditions for the Flex subscription
(1) The Flex subscription can only be applied to the following products: VITORI® Premium Crystal Mat.
(2) The maximum term of the Flex subscription is 24 months.
(3) The customer has the option to return the product early if they cancel the subscription. In this case, all outstanding amounts must be paid.
(4)The customer is liable for any damage to the goods caused by improper use. If the goods are lost during the term of the Flex subscription, the remaining value of the goods must be reimbursed.
(5) The customer can cancel the subscription at any time with one day's notice to the end of the current billing period. Use of the product ends on the last day of the paid period. The product must be returned to the seller at the customer's own expense within 14 days of the end of the subscription. A free return is only possible if the cancellation is made within the time limit.
(6) If a subscription payment is not paid successfully (e.g., due to a credit card failure), the customer will receive a payment reminder requesting payment within 7 days. If payment is not made, the customer will receive a reminder on the 8th day. If this reminder is unsuccessful within 7 days, the product must be returned to the seller immediately and at the customer's own expense. In this case, the total return period is a maximum of 14 days from the original payment date.
