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General Terms & Conditions


Our general terms and conditions are binding with the sending of your order.


SCOPE OF OUR GENERAL TERMS & CONDITIONS
Our General Terms & Conditions are basis for all of our offers, sales, deliveries and warranties. Any additional agreements must be in writing.
Trading or purchasing conditions of buyers do not apply unless recognized by us explicitly and in writing.
The transfer of the buyers’ rights and obligations from the sales contract require a written agreement by us.

ORDERS
All of our offers can be subject to changes regarding quantity, price and delivery time.
Orders by a prospective buyer will be treated as an offer to buy. We will send an email to confirm receipt.
We will be entitled to refuse to accept orders if we feel it necessary. In this case we will inform the prospective buyer in an email as soon as we can to let know.
Any order changes or extensions must be in written form.
Images and illustrations on our website are for information only and non binding unless explicitly agreed in the order.
We reserve the right for technical and creative alterations or updates in the product data, descriptions, catalogs and adds. No claims against us can be derived from that.

PRICING
For deliveries that have been agreed to take place within four months, we are bound to the prices agreed upon.
All prices include VAT at the rate applicable in the Federal Republic of Germany. All prices exclude delivery charges. Prices, offers and products are subject to availability and may change at any time prior to acceptance of the buyers order.

ORDER DISPATCH AND DELIVERY CHARGES
Unless agreed differently, the shipment takes place EXW 67227 Frankenthal, Germany, by post or a carrier of our choice on the expense of the buyer.
We dispatch our products disassembled with a manual for assembly.
Order dispatch takes place on Saturdays unless agreed differently. Orders that are received and paid by Friday will be considered.
The buyer will be informed in case that no stock is available to deliver the order. To be able to do so, we kindly ask buyers to share contact data with us, like telephone number, fax number or email Address.

DELIVERIES
Although we do everything we can to meet stated delivery times, these may be affected by factors beyond our control & therefore cannot be guaranteed.
Indicated delivery times extend appropriately if a contract modification takes place based on a buyer’s request.
If the buyer does not fulfill agreed obligations, i.e. advance payment, or does not provide necessary information timely, the stipulated delivery time will extend accordingly.
We are entitled to partial deliveries.
If the delivery is delayed due to our fault, the buyer can withdraw from the contract after a two weeks respite to be submitted in writing. Has a partial delivery already taken place, the buyer can withdraw from the remaining part of the contract that is not yet delivered.
Within two weeks after receipt, the buyer has to indicate to us in writing any obviously incorrect or incomplete deliveries, as well as obvious defects; otherwise we are released from the warranty for defects.

PAYMENTS
International sales of our products is always against prepayment. Only after receipt of the payment on our account we dispatch the goods.
We do not accept cheques. We offer payments over the internet through cooperations with partners that facilitate and process the payments. The use of internet based payment methods by the buyer is by arrangement and might involve the share of personal data of the buyer with the service provider.
If the buyer does not fulfill contractual obligations, i.e. advance payment, or does not provide necessary information timely, the agreed delivery time will extend accordingly.

WARRANTY
If the buyer identifies a fault with the deliverd product or some other defect with the order, he may return it to us within 14 days for a replacement or refund. This does not apply to faults caused by accident, neglect or misuse.
Material defects after more than 14 days will be handled by our two years goodwill guarantee (excludes consumable items such as batteries and bulbs).
Warranty claims due to a material defects prescribe 24 months after the delivery of the delivered article. Manufacturer warranties beyond that are not part of the buyer’s contract with us.
Insignificant deviations from color, dimensions and/or other quality and performance characteristics of the delivered article do not lead to any claims by the buyer, in particular no warranty claims.
Warranty expressly relates to repairing and substituting defective parts according to our opinion. It does not cover any more damage arisen from the use of defective components and/or devices.
Personal complaints are to be submitted to Vita Commodum, Fichtestrasse 19, 67227 Frankenthal - the original invoice and the original packaging including all accessories are to be submitted.
Exchanges or repairs due to warranty claims do not result in new or prolonged warranty periods.

LIABILITY
For any caused damage which did not develop at the product itself, we are not responsible, except in the case of gross negligence and intent by us.
Vita Commodum will not be liable for any damages of any kind arising from the buyers’ inappropriate or negligent use of the delivered products including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages.
Liability is excluded for damages resulting from handling of the delivered article.
The total liability of Vita Commodum to the buyer for any damages (regardless of reason the therefore) will not exceed the total amount of money actually paid by the buyer during the six (6) weeks immediately before the act giving rise to the alleged responsibility of Vita Commodum.

CANCELLATIONS & RETURNS
The buyer may normally cancel a purchase if he notifies us before dispatch.

PROTECTION OF DATA
The buyer agrees to the storage of personal data (as compliant with laws of the Federal Law for Data Protection) that is necessary for the fulfilment of the order. Regulations of the Federal Law for Data Protection are considered thereby.

APPLICABLE LAW
The laws of the Federal Republic of Germany will govern these terms and conditions without giving effect to any principles of conflicts of laws.
Our sales activities are governed by German law and buyers agree to submit any dispute to the non-exclusive jurisdiction of the German courts.
These terms and conditions do not affect the buyers’ legal rights.
In the event that individual clauses of this agreement are invalid, the remaining terms and conditions stay effective and binding. Seller and buyer commit to replace such invalid clauses by a legally valid version
 
 
 
 
 
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