Terms of service

Terms of Service for Viva Brands GmbH

for Purchase Contracts via the Online Shop www.vivamaia.com

This English translation is provided for clarification purposes only. In case of any discrepancies, the German version shall prevail and is legally binding.

1. Scope

1. The following terms and conditions apply to all contracts that Viva Brands GmbH, Uhlandstraße 28, 10719 Berlin, email address: support@vivamaia.com, registered with the commercial register at the local court of Berlin (Charlottenburg) under HRB 224909 B, represented by Herbert Hellemann Holguín and Verena Bonath (hereinafter referred to as “Viva Brands” or “we/us”), concludes with customers (hereinafter referred to as “Customer”) via its online shop (hereinafter collectively also referred to as “Parties”) in the version valid at the time of the order.
2. The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding the contract.
3. Deviating general terms and conditions of the Customer are not recognized unless Viva Brands expressly agrees to their validity in writing.

2. Conclusion of Contract

The product presentations in our online shop are non-binding and do not constitute legally binding offers. By clicking the “Add to cart” button, the Customer can place individual items in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer. Before submitting a binding order, the content of the order, including Customer data, is summarized on an overview page. The Customer can correct all order data there using the provided editing fields. By clicking the “Order with obligation to pay” button, the Customer submits a binding offer to Viva Brands to conclude a purchase contract under these General Terms and Conditions.
After the order, the Customer receives an automatically generated email from us confirming the receipt of the order and listing its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the offer. The contract is only concluded by the declaration of acceptance by Viva Brands, which is sent via a separate email (order confirmation). In this email, or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) is sent to the Customer on a durable medium (email or printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
The Customer assures that all information provided by them during the order or registration in the online shop (e.g., name, address, email address, bank details, etc.) is truthful. Changes must be reported to Viva Brands without delay. Changes to the Customer's address after contract conclusion generally cannot be taken into account in time. If an address change results in a return of the shipment to Viva Brands and a subsequent reshipment to the updated address, the Customer shall bear the resulting additional costs (return costs and second shipping costs).
The contract language for customers from German-speaking regions is exclusively German.
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 within Switzerland. This service is included in the purchase price and any applicable shipping costs. To ensure smooth delivery to Switzerland and for reasons of transparency, we inform you that MeinEinkauf GmbH in Konstanz, Germany (DE285677365), is also involved in the supply chain. This does not result in any additional costs for the buyer.

3. Prices, Shipping Costs

1. The prices stated on our websites are total prices and include the statutory value-added tax.
2. The applicable shipping costs are indicated to the Customer in the order form and are to be borne by the Customer unless the Customer exercises their right of withdrawal. Before submitting your order, you will in all cases receive an overview including the total price.
3. The goods are shipped via postal delivery. The shipping risk for delivery to the Customer is borne by Viva Brands if the Customer is a consumer.
4. In the event of a withdrawal, the Customer shall bear the direct costs of returning the goods.

4. Payment

1. Payment is made via one of the payment methods offered in our online shop (e.g., credit card or PayPal). The purchase price is due immediately upon conclusion of the contract. If the payment due date is determined according to the calendar, the Customer shall be in default upon missing the deadline. In this case, they shall pay default interest at a rate of 5 percentage points above the base interest rate per annum to Viva Brands.
2. In the event of payment default or other evident credit unworthiness, all other claims against the Customer become due immediately.
3. The obligation of the Customer to pay default interest does not exclude the assertion of further default damages by Viva Brands.
4. The Customer may only offset claims that are undisputed or legally established against us. The Customer may only exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

5. Delivery

1. Viva Brands is entitled, to a reasonable extent, to make partial deliveries, but is not obligated to do so.
2. In the event of non-availability of the ordered goods not attributable to us due to untimely or incorrect delivery (including short deliveries) by our (pre-)suppliers despite a delivery contract concluded with the (pre-)supplier concerning the ordered goods, we reserve the right not to deliver. In such a case, we undertake to inform you immediately of the non-availability of the ordered goods and to refund any payments received from you without delay.
3. Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). Unless a different delivery time is specified for the respective goods in our online shop, it is 14 days.
4. If, at the time of the Customer's order, no units of the selected product are available, Viva Brands will inform the Customer immediately in the order confirmation. If the product is permanently not deliverable, Viva Brands will refrain from making a declaration of acceptance. In this case, a contract is not concluded.
5. If the product designated in the order is only temporarily unavailable, Viva Brands will also inform the Customer immediately.
6. For products marketed in the online shop as “Pre-Order,” the following applies in deviation from the above: Customers will be informed in the online shop as specifically as possible about the beginning of the delivery period for the product, whereby this does not equate to the exact delivery date for the respective Customer. Customers are aware that “Pre-Order” products are not currently in stock and that final delivery may not occur until several weeks after conclusion of the contract. Viva Brands will inform the Customer as quickly and specifically as possible by email about delivery progress and any estimated delivery dates.
7. We only supply Customers whose habitual residence (billing address) is in Germany and other countries indicated during the checkout process and who can provide a delivery address there. Customers residing in other countries may commission delivery to one of the aforementioned countries and arrange further transport to their residence at their own expense and risk.

6. Right of Withdrawal

1. Consumers have a statutory right of withdrawal when concluding a distance selling transaction, which the provider explains below based on the statutory template. Exceptions to the right of withdrawal are outlined in clause 6.2. A model withdrawal form is provided in clause 6.3.

Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without stating any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you who is not the carrier has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Viva Brands GmbH, Uhlandstraße 28, 10719 Berlin, email: support@vivamaia.com) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the withdrawal right before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise; in no case will you be charged fees because of this reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

You must send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The right of withdrawal expires prematurely for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
The provider informs about the model withdrawal form in accordance with the legal regulations as follows:

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back to us.)

To [Viva Brands GmbH, Uhlandstraße 28, 10719 Berlin, E-Mail-Adresse: support@vivamaia.com]:
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/provision of the following service (*):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notification is on paper):
Date

(*) Delete as appropriate.

7. Retention of Title

1. The delivered goods remain the property of Viva Brands until full payment has been received.

8. Warranty Rights

1. Viva Brands is liable for material defects according to the applicable legal provisions, especially §§ 434 ff. of the German Civil Code (BGB). For business customers, the warranty period for goods delivered by Viva Brands is 12 months.
2. The prerequisites for compensation due to defects in the goods are also subject to the conditions set out in clause 9.
3. Statements made in our online shop and product descriptions do not constitute guarantees within the meaning of §§ 443, 444 BGB. A guarantee or warranted characteristic is only deemed to exist if it has been expressly designated as such by us or indicated as such in product documentation.

9. Liability

1. Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose compliance the customer may regularly rely.
2. In the event of a breach of essential contractual obligations, the provider shall only be liable for the contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer’s claims for damages arise from injury to life, body or health.
3. The limitations of clauses 9.1 and 9.2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
4. The liability limitations resulting from clauses 9.1 and 9.2 do not apply insofar as the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies insofar as the provider and the customer have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
5. In the event of force majeure (e.g. war, uprisings, terror, natural disasters, epidemics, pandemics, embargoes, strikes, official orders or other events that are beyond our control) which affect our performance obligations, we are entitled to extend the delivery dates and deadlines depending on the extent and duration of the force majeure and its consequences, without the customer being granted a right of withdrawal from the contract or a claim for damages. For the period of the justified extension of delivery dates and deadlines, we shall not be deemed in delay. We and the customer are obliged to take all reasonable and acceptable measures to minimize damage. If our performance obligations are delayed by more than three months due to force majeure, each party may withdraw from the contract.

10. Data Protection

1. We collect and process the customer’s data necessary for business transactions. When processing the customer’s personal data, we observe the statutory data protection provisions.
2. Further details can be found in the Privacy Policy available in our online shop.

11. Promotional Vouchers

1. Promotional vouchers are vouchers that cannot be purchased but are issued by Viva Brands as part of advertising campaigns with a specific validity period.
2. Promotional vouchers are redeemable only within the specified period and only once as part of an order process. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
3. The value of the goods must at least equal the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the payment methods offered. The value of a promotional voucher is neither paid out in cash nor does it bear interest. The promotional voucher is not refunded if the goods are returned in whole or in part.
4. Promotional vouchers can only be redeemed before the completion of the order process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Several promotional vouchers cannot be combined, unless we have explicitly agreed otherwise.
5. If you used a promotional voucher with your purchase, we reserve the right to charge you the original price of the goods you keep if – due to your withdrawal – the total value of the order falls below or equals the respective value of the promotional voucher.

12. Gift Vouchers

1. Gift vouchers are vouchers that you can purchase. These can only be redeemed for the purchase of our products, but not for the purchase of additional gift vouchers. If the balance of a gift voucher is insufficient for the order, the difference can be settled using the payment methods offered.
2. Gift vouchers and balances can only be redeemed before completing the order process. The balance of a gift voucher is neither paid out in cash nor does it bear interest.
3. Gift vouchers are valid for 3 years from the date of purchase.

13. Applicable Law, Place of Jurisdiction

1. The law of the Federal Republic of Germany shall apply to contracts between Viva Brands and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, especially of the state in which the customer as consumer has their habitual residence, remain unaffected.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Viva Brands shall be the registered office of Viva Brands.

14. Final Provisions, Dispute Resolution

1. This contract contains all agreements made between the parties concerning the subject of the contract. There are no verbal side agreements.
2. Should individual provisions of this contract be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the contracting parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the economic intent of the invalid or unenforceable provision. The same shall apply in the event of contractual gaps.
3. The European Commission provides a platform for online dispute resolution (ODR), which can be accessed here: https://ec.europa.eu/consumers/odr/.
  We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.