General terms and conditions

Here you will find the general terms and conditions of LaVita GmbH.

1. Provider, clientèle, and scope of application

1.1 These general terms and conditions apply to all contracts which you, as a customer, conclude with LaVita GmbH, Ziegelfeldstraße 10, 84036 Kumhausen, commercial register: Local Court Landshut HRB 4937 – hereinafter referred to as “LaVita”.

1.2 Our offer is directed only to consumers in the sense of Section 13 BGB (German Civil Code)

1.3 The contract language is German.

2. Conclusion of contract

2.1 The product presentations in the LaVita online shop do not yet represent a binding offer. The product presentations serve for the submission of a binding purchase offer by you.

2.2 You can submit your offer

• in writing
• by fax
• by email
• by telephone
• online using the shopping cart system integrated in the LaVita online shop

2.3 By clicking the “Buy now” button at the end of ordering via the shopping basket system and thereby sending your order to LaVita, you make a binding offer (Section 145 BGB) to purchase the goods.

Upon receipt of an order via our webshop, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of the purchase offer. A contract is not yet concluded by the confirmation of receipt.

2.4 LaVita can accept your offer

within one working day by sending a written order confirmation or a confirmation of order in text form by fax, whereby in this case the receipt of the order confirmation by you is decisive,

or by delivery of the ordered goods and confirmation of dispatch by e-mail within five working days of the order.

If there are several of the aforementioned alternatives, the contract is concluded when one of the aforementioned alternatives occurs.

3. Right of revocation

Consumers are generally entitled to a right of revocation. More detailed information on the right of revocation can be found in the revocation instruction of LaVita.

4. Prices, shipping costs, and terms of payment

4.1 Payment can be made by:

• direct debit
• account
• cash on delivery or
• PayPal

4.2 Unless otherwise stated, the prices stated on the product pages include the statutory value added tax and other price components.

4.3 The payment options offered by LaVita in result from the information in the online shop.

4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.5 If direct debit is agreed upon, LaVita is revocably authorised to collect the invoice amount from the account indicated by you. The direct debit takes place when the ordered goods leave the warehouse of LaVita. If the direct debit is not honoured because of insufficient funds in the account or because incorrect bank details were given, or if you object to the debit although you are not entitled to do so, you must bear the fees arising from the charge back of the respective bank if you are responsible for this.

4.6 If delivery on account has been agreed, the invoice amount shall be due for payment without deduction within 8 (eight) days of complete delivery unless otherwise agreed. You will be informed of the account details upon receipt of the invoice.

4.7 If the payment method “PayPal” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

4.8 If cash on delivery is agreed upon, the invoice amount is due upon delivery of the goods to you plus a cash on delivery fee of EUR 5.00. The amount is to be paid in cash to an authorised recipient appointed by LaVita.

5. Terms of delivery and dispatch, reservation of self-supply

5.1 LaVita dispatches its goods within Germany and Austria. For deliveries to other countries, please contact us.

5.2 Unless otherwise stated in the offer, the delivery time is

3 working days calculated from the following working day after receipt of payment if advance payment is agreed

5 working days after the working day following the conclusion of the contract.

5.3 Unless otherwise expressly agreed, LaVita will determine the appropriate mode of dispatch and the transport company at its reasonable discretion.

5.4 Goods are delivered to the delivery address you have specified. Deviating from this, in the case of prepayment via PayPal, the delivery address you have indicated in your PayPal account at the time of payment is decisive.

5.5 If a delivery is not possible under the delivery address indicated by you, and the transport company sends the dispatched goods back to LaVita, you shall bear the costs for the unsuccessful dispatch. This does not apply if you are not responsible for the circumstance that led to the impossibility of delivery or if you were temporarily prevented from accepting the offered service unless LaVita had announced the service a reasonable time in advance.

5.6 If the ordered product is not available because LaVita is not supplied with this product by the supplier by no fault of its own, LaVita can withdraw from the contract. In this case, LaVita will inform you and immediately refund any payments already made by you.

5.7 It is possible to pick up the goods yourself at LaVita’s headquarters.

6. Continuous delivery

6.1 As far as LaVita offers ordering possibilities involving the regular delivery of goods, the order and delivery of the goods shall be carried out under the additional conditions of this clause.

6.2 Unless otherwise offered in the order options, continuous deliveries shall be agreed for an indefinite period. If a certain number of goods (deliveries) is specified for a standing order, the standing delivery automatically ends with the last delivery.

6.3 You are free to choose the delivery dates within the scope of the options offered. A minimum purchase of two standard bottles (500 ml) is mandatory for each delivery date. A maximum interval of 12 months may be specified between two delivery dates. The first delivery will be made immediately after conclusion of the contract according to the valid delivery times.

6.4 Upon notification by the customer, the continuous supply may be suspended for a period not exceeding 12 months. After the desired period of time has expired, the continuous supply will be automatically continued. LaVita must receive the notification at least 3 working days before the next delivery date in order to be able to take this date into consideration.

6.5 Changes of the continuous supply (e.g. delivery intervals, order quantity) can be agreed upon at any time with LaVita. This may result in additional costs, which LaVita will inform you about. If the change is to have an effect on the next delivery date, the notification of change must be received by LaVita at least 3 working days before this date.

6.6 You can revoke a continuous delivery at any time. If the revocation is to have an effect on the next delivery date, the notice of revocation must be received by LaVita at least 3 working days before this date. The right to terminate for good cause remains unaffected.

6.7 In the case of continuous delivery for an indefinite period of time, LaVita is entitled to make price adjustments for the ordered goods in the future. A price adjustment will be announced at least 1 month in advance. If you do not object to the adjustment within 14 days, this will be considered as your agreement to the price adjustment. LaVita will especially point this out in the announcement. If you object to the price adjustment, LaVita is entitled to a special right of termination. This must be asserted within 4 months after the announcement with a period of notice of 6 months.

7. Liability for defects

7.1 Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law on the sale of goods (Sections 433 ff. BGB). In all other respects, the statutory provisions shall apply to the warranty.

7.2 The period of limitation for claims for defects is two years from the time the goods are handed over to you. This does not apply to claims for damages and expenses that can be asserted in accordance with clause 8 of these General Terms and Conditions.

7.3 If the supplementary performance is carried out by way of a replacement delivery, you are obliged to return the defective goods to LaVita within 30 days at the expense of LaVita. You must return the defective goods in accordance with the statutory provisions.

8. Retention of title, right of retention

8.1 LaVita reserves the right of ownership of the delivered goods until the complete payment of the purchase price.

8.2 You may exercise a right of retention only insofar as it concerns claims from the same contractual relationship.

9. Liability

9.1 Unlimited liability: LaVita is liable without limitation for intent and gross negligence as well as according to the product liability law. For ordinary negligence, LaVita is liable for damages from the injury of life, body, and health of persons.

9.2 In all other respects, the following limited liability applies: In the case of ordinary negligence, LaVita is liable only in the case of violation of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely (cardinal obligation). Liability for ordinary negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected.

9.3. The preceding liability regulations are also valid with regard to the liability of LaVita for its vicarious agents and legal representatives.

10. Code of conduct

LaVita has subjected itself to the Trusted Shops quality criteria, which are available on the Internet under http://www.trustedshops.de/guetesiegel/einzelkriterien.html.

11. Final provisions

11.1 The sales contract existing between you and LaVita is subject to the right of the Federal Republic of Germany subject to compelling international private law regulations under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2 If one or more provisions of these General Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.

Last updated: 22 December 2022