Terms of service
§1 Basic Provisions
1) The following terms and conditions apply to contracts concluded via www.vivamaia.com. Unless otherwise agreed, any conditions you have specifically used are contradicted.
2) A consumer within the meaning of this regulation is any natural person who concludes a legal transaction with private concerns. Entrepreneur is any natural or legal person who, when concluding the legal transaction, acts in the interests of their professional or commercial interests.
§2 Formation of the contract
1) The subject of the contract is the sale of goods.
2) With the provision of a product in our shop, we make our customers a binding offer to conclude a purchase contract.
3) All products intended for purchase are placed in the "shopping cart" by the customer. After entering the personal data and payment information, the customer has the opportunity to check all the information entered. By sending the order by clicking on the button provided for this purpose, the customer declares his acceptance of the offer in a legally binding manner. This is how the contract of sale came about. With the payment option via payment service providers such as PayPal or Sofortüberweisung, the customer is forwarded from our online shop to the provider's website. After entering all the required data, the customer is then directed back to our shop.
4) The transmission of all information in connection with the conclusion of the contract takes place automatically by e-mail. The customer must therefore ensure that the e-mail address stored with us can be reached.
§3 Retention of title and right of retention
1) A right of retention can only be exercised by the customer if there are no claims from the same contractual relationship.
2) The goods remain the property of the shop operator until the purchase price has been paid in full.
§4 Liability Provisions
1) We are fully liable for damage to body or health, as well as in cases of intent and gross negligence. Furthermore, in the case of fraudulent concealment of a defect and in all other legally regulated cases. The liability for defects within the framework of the statutory warranty can be found in the corresponding regulation in our customer information.
2) If essential contractual obligations are not fulfilled, the liability of the online shop in the case of slight negligence is limited to the foreseeable, contract-typical damage.
3) In the event of a breach of insignificant obligations arising from the contract, liability for slightly negligent breaches of duty is excluded.
4) There is no liability for the constant availability of this website and the goods offered on it.
§5 Choice of Law
1) German law applies. The provisions of the UN Sales Convention expressly do not apply.
§6 Dispute Resolution
1) The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr.
§7 Contract language, contract text storage
1) Contract language is English.
2) We do not save the full text of the contract. Customers can save this electronically before sending the order using the browser's print function.
§8 Prices and terms of payment Characteristics of the goods
1) The prices shown and the shipping costs are gross prices.
2) Shipping costs are not included in the purchase price. They are explicitly marked or are shown separately in the course of the ordering process and are to be borne by the customer in addition, unless free delivery has been promised.
3) The available payment methods are shown on our website or in the respective item description, but at the latest in the final ordering process at the "checkout". Unless otherwise stated, the payment claims from the contract are due for payment immediately.
4) The essential features of the goods and/or service can be found in the item description and the additional information on our website.
§9 Promotional vouchers and redemption
1) Promotional vouchers are vouchers that cannot be purchased, but that we issue as part of advertising campaigns with a specific period of validity.
2) Promotional vouchers can only be redeemed 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 linked to a minimum order value.
3) The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not beht refunded if goods are returned in whole or in part.
4) Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined unless we have agreed otherwise.
5) If you used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you keep if - due to your revocation - the total value of the order falls below the respective value of the promotional voucher or corresponds to this.
§10 Gift Certificates and Redemption
1) Gift vouchers are vouchers that you can purchase. These can only be redeemed for the purchase of our articles, but not for the purchase of further gift vouchers. If the credit on a gift voucher is not sufficient for the order, the difference can be made up with the payment options offered.
2) Gift vouchers and credit can only be redeemed before completing the ordering process. The balance of a gift voucher is neither paid out in cash nor does it earn interest.
3) Gift vouchers are valid for 1 year from purchase.
§11 Terms of Delivery
1) Terms of delivery, delivery time and any existing restrictions on delivery can be found under the appropriate link in our online shop or in the respective item description.
2) For consumers, the risk of accidental loss or deterioration of the goods sold during shipment only passes to the customer when the goods are handed over. The regulation applies regardless of whether the shipment is insured or uninsured.
§12 Statutory liability for defects
1) The statutory warranty rights apply.
2) Consumers are asked to check the goods upon delivery for completeness, obvious defects and transport damage and to notify the shop owner as soon as possible. If the customer does not comply with this, this has no effect on his statutory warranty claims.
§13 MeinEinkauf (for customers in Switzerland)
With my purchase, all relevant data is transmitted electronically, which ensures that the data is complete and correct at all times, which in turn leads to very smooth (and fast) customs processing. With DHL the delivery time to Switzerland is 4 days on average, with meinEinkauf 2-3 days. In addition, the shipping prices from meinEinkauf are significantly cheaper (for you and the end customer).