Terms and Conditions of Vivello Solutions Ltd.
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1. General
These Terms and Conditions shall apply to all contracts, deliveries and other services provided by Vivello Solutions Ltd., 7 Compton Street, Ashbourne, Derbyshire, GB-DE61BX United Kingdom (hereinafter referred to as the “Seller”), in relation to its customers concerning the sale of goods via the online shop at https://vivellify.com/de/shop, as well as all sub-domains belonging to this domain. Divergent provisions of the customer shall not apply unless expressly confirmed in writing by the Seller. For ease of readability, the term “customer” refers equally to male, female and non-binary individuals as well as to businesses.
The business relationship between the Seller and the customer shall be governed by the laws of the Federal Republic of Germany. For consumers, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Individual agreements concluded with the customer in a specific case (including collateral agreements, amendments and additions) shall always take precedence over these Terms and Conditions.
The contractual language is German. The authoritative text is the version drafted in the German language. Versions in other languages are provided for information purposes only.
In the online shop, the customer may access and print the order summary as well as the General Terms and Conditions. Apart from this, the contract text is stored by the Seller after the conclusion of the contract in the online shop, but it is not accessible to the customer.
The place of jurisdiction shall be Frankfurt am Main, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a customer has no general place of jurisdiction in Germany or if their residence or habitual place of abode is unknown at the time the action is brought.
Duty to inform pursuant to the Consumer Dispute Resolution Act (§ 36 VSBG): The Seller is neither willing nor obliged to participate in any further dispute resolution proceedings before a consumer arbitration body.
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2. Contract Contents and Conclusion of Contract
The Seller offers its customers various new goods, in particular but not limited to sporting goods and food supplements for purchase in its online shop at https://vivellify.com/de/shop. The Seller’s offers are directed exclusively at customers within the EU and the United Kingdom.
Unless otherwise provided for below, the purchase contract in the online shop is concluded by the Seller’s acceptance of the customer’s order. Price indications in the online shop do not constitute an offer in the legal sense. Before submitting a binding order by clicking the “order with obligation to pay” button, the customer may correct all entries. In addition, all entries are displayed again in a confirmation window before the binding submission and can also be corrected there. The Seller may accept the offer contained in the order within two working days by sending an order confirmation. Receipt and acceptance of the order will be confirmed to the customer by email.
Special rules for specific payment methods
- PayPal: Contract at the time the payment instruction is confirmed to PayPal.
- Credit card: Contract at the time the card is charged.
- Purchase on account via KLARNA: Contract when the Seller assigns the claim to Klarna.
- Purchase on account via PayPal: Contract when the Seller assigns the claim to PayPal.
- Credit card via PayPal: Contract when PayPal charges the card.
- Direct debit via PayPal: Contract when the direct debit mandate is issued to PayPal.
- KLARNA SOFORT: Contract at the time the payment instruction is confirmed to SOFORT GmbH.
- iDEAL: Contract at the time the customer’s account is debited.
- Amazon Pay: Contract at the time the payment instruction is confirmed to the provider of the payment method stored with Amazon Pay.
- Google Pay: Contract at the time the payment instruction is confirmed.
- Apple Pay: Contract at the time the Apple Pay payment method is charged.
- Bancontact: Contract at the time the customer’s account is debited.
- TWINT: Contract at the time the customer’s account is debited.
- Swish: Contract at the time the customer’s account is debited.
Together with the notification of the conclusion of the contract, the customer shall receive the contract text, these General Terms and Conditions, and the cancellation policy.
A customer may also inquire about a specific item by telephone, email, fax or letter. Upon receipt of such an inquiry, the Seller will submit a separate offer by email, letter or fax. A contract is concluded only when the customer accepts this offer.
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3. Prices, Value Added Tax and Payment
The agreed prices shall apply. All prices include statutory value added tax, where applicable, as well as other charges. Prices are exclusive of shipping and packaging costs, which will be communicated to the customer before the submission of the order or an offer. Shipping costs depend on weight and dimensions of the goods, the type of goods (e.g., hazardous materials), the destination and the order value. An overview is provided in the online shop.
Delivery to the customer by the Seller shall be made against advance payment.
Depending on the payment method chosen, payment processing is carried out by the relevant provider under their terms of use (e.g., PayPal, Klarna, iDEAL, Apple Pay, Amazon Pay, Google Pay, Bancontact, TWINT, Swish).
For delivery on account, payment is due no later than the third calendar day after the invoice date.
If a customer is in default with their payment obligations, the Seller may claim damages in accordance with statutory provisions.
The Seller shall always issue an invoice to the customer, provided in text form upon conclusion of the contract.
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4. Delivery and Transfer of Risk
Unless otherwise contractually agreed, the ordered goods shall be delivered to the address provided by the customer. Delivery shall take place exclusively within the countries specified in these Terms and Conditions, from the Seller’s warehouse.
Availability is indicated in the product descriptions. For goods in stock—unless otherwise stated—the delivery period is 1–2 working days within the EU and 3–4 working days to the United Kingdom, calculated from the conclusion of the contract.
The Seller reserves the right to withdraw from performance if the goods to be delivered by a supplier are not delivered on the delivery date in whole or in part and the Seller is not responsible. This applies where a congruent covering transaction was concluded in good time. If the goods are not delivered, the Seller will inform the customer without delay and refund any purchase price and shipping costs already paid.
The Seller may make partial deliveries if this expedites processing and is not unreasonably burdensome for the customer. No additional costs will be charged for partial deliveries.
The risk of accidental loss or deterioration passes to the customer upon handover at the latest. For entrepreneurs, in the case of shipment, risk passes upon delivery to the carrier, freight forwarder or other person designated to perform the shipment, including the risk of delay.
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5. Retention of Title and Rights of Retention
The delivered goods remain the property of the Seller until all claims under the contract have been fulfilled. If the customer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the course of business, retention of title extends to all claims arising from the ongoing business relationship in connection with the contract.
The customer may assert set-off rights only if their counterclaims have been legally established, are undisputed, or have been acknowledged by the Seller. In the event of defects in the delivery, the customer’s counter-rights remain unaffected, in particular the right to withhold a proportionate part of the purchase price reasonable in relation to the defect. A right of retention may be exercised insofar as the counterclaim is based on the same contractual relationship.
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6. Warranty and Liability
The Seller is liable for defects in quality and title in accordance with statutory provisions.
Outside of liability for defects, the Seller is liable without limitation where damage is caused by intent or gross negligence. The Seller is also liable for slightly negligent breaches of essential contractual obligations and cardinal obligations, but in each case only for foreseeable damages typical for the contract. The Seller is not liable for slightly negligent breaches of other duties.
The above limitations do not apply to injury to life, body or health, to defects following an assumption of a guarantee for the product’s quality, or to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Where the Seller’s liability is excluded or limited, the same applies to the personal liability of the Seller’s employees, representatives and vicarious agents.
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7. Important Notice in the Event of Transport Damage
If goods are delivered with obvious damage to the packaging or contents, the customer is requested—without prejudice to their warranty rights—to immediately notify the carrier or freight service and to contact the Seller promptly (e.g., via email, fax or post) so that the Seller can preserve any rights against the carrier or freight service.
The customer is also requested—without prejudice to any warranty rights—to notify the Seller of any hidden defects immediately upon discovery so that potential warranty claims against third parties can be preserved.
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8. Data Protection
The Seller collects, processes and uses personal data in accordance with its privacy policy and applicable statutory provisions.