General Terms and Conditions
You can find the General Terms and Conditions of LaVita GmbH here.
1. Provider, customer base and scope of application
1.1 These General Terms and Conditions apply to all contracts that you as a customer enter into with LaVita GmbH, Ziegelfeldstraße 10, 84036 Kumhausen, commercial register: district court Landshut HRB 4937 – hereinafter referred to as 'LaVita'.
1.2 Our offer is exclusively for consumers as defined by Section 13 of the BGB (German Civil Code)
1.3 The contract language is German.
2. Contract conclusion
2.1 The product presentations in the web shop of LaVita do not constitute a binding offer. The product presentations are intended for you to make a binding purchase offer.
2.2 You can submit your offer
2.3 By clicking the 'buy now' button at the end of the ordering process through the shopping cart system and thereby submitting your order to LaVita, you are making a binding offer (Section 145 of the BGB (German Civil Code) to purchase the goods.
Once you have placed an order through our web shop, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). The confirmation of receipt does not constitute an acceptance of the purchase offer. A contract is not concluded by the confirmation receipt.
2.4 LaVita can accept your offer within one working day by sending a written order confirmation or an order confirmation in text form by fax, in which case the receipt of the order confirmation by you is decisive or by delivering the ordered goods and sending a delivery confirmation by email within five working days after placing the order.
If several of the above alternatives exist, the contract will be concluded at the time when one of the alternatives occurs first.
3. Right to revoke
Consumers are generally entitled to a right to revoke. For more information about your right to revoke, see the revocation policy of LaVita.
4. Prices, shipping costs and terms of payment
4.1 Payment can be made:
4.2 Unless otherwise stated, the prices mentioned on the product pages include VAT and other price components.
4.3 The payment options offered by LaVita in detail can be found in the information provided in the web shop.
4.4 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
4.5 If direct debit has been agreed, LaVita is revocably authorised to collect the invoice amount from the account specified by you. The direct debit is made when the ordered goods leave the LaVita warehouse. If the direct debit is not honoured due to insufficient money in the account or if incorrect bank details were provided, or if you object to the debit even though you do not have the right to do so, you are responsible for the fees incurred by the respective bank's chargeback if you are at fault.
4.6 If payment by invoice is agreed on, the invoice amount is due for payment within 8 (eight) days from complete delivery without any deductions, unless otherwise agreed. You will be informed of the account details with receipt of the invoice.
4.7 When choosing PayPal as the payment method, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal's terms of use, which you can view at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4.8 If delivery by cash on delivery is agreed on, the invoice amount is due on delivery of the goods to you, plus a cash-on-delivery fee of EUR 5. The amount is to be paid in cash to an authorised recipient appointed by LaVita.
5. Delivery and shipping conditions, self-delivery reservation
5.1 LaVita ships its goods to Germany and Austria. For deliveries to other countries, please contact us.
5.2 Unless otherwise stated in the offer, if advance payment has been agreed, the delivery time is 3 working days starting from the next working day after receipt of payment;
otherwise 5 working days after the working day following the conclusion of the contract.
5.3 Unless otherwise expressly agreed, LaVita determines the appropriate mode of shipment and the carrier at its reasonable discretion.
5.4 The goods will be delivered to the delivery address provided by you. However, when paying in advance via PayPal, the delivery address you provided in PayPal at the time of payment is decisive.
5.5 If delivery is not possible at the delivery address you provided, and as a result, the transport company returns the shipped goods to LaVita, you bear the costs for the unsuccessful shipment. This does not apply if you are not responsible for the circumstances leading to the non-delivery, or if you were temporarily prevented from accepting the offered service, unless LaVita had given you notice at a reasonable time in advance.
5.6 If the ordered product is not available because the supplier did not supply LaVita with this product through no fault of LaVita, LaVita may withdraw from the contract. In this case, LaVita will notify you immediately and reimburse anything already paid by you without delay.
5.7 Goods can be collected by you from LaVita's headquarters.
6. Regular delivery
6.1 In the case that LaVita offers ordering options that involve regular delivery of goods, the order and delivery of the goods are subject to the additional conditions of this clause.
6.2 Unless otherwise offered in the order options, regular deliveries are agreed for an indefinite period. If a certain number of goods (deliveries) is specified for a regular delivery, this ends automatically with the last delivery.
6.3 You can freely choose the delivery dates within the options offered. A minimum purchase of two standard bottles (500 ml) is mandatory for each delivery. The maximum interval between two delivery dates may not exceed 12 months. The first delivery will be made immediately after the conclusion of the contract according to the applicable delivery times.
6.4 If we are notified by the customer, the regular delivery can be suspended for a period of no more than 12 months. After expiration of the requested period, the regular delivery will be automatically continued. The notification for this must be received by LaVita at least 3 working days before the next delivery date in order to be considered for this date as well.
6.5 Changes to the regular delivery (such as delivery intervals or order quantity) can be agreed with LaVita at any time. This may result in additional costs, which LaVita will notify you of. If the change is to affect the next delivery date, the notice of change must be received by LaVita at least 3 working days prior to that date.
6.6 A regular delivery can be terminated at any time. If the termination is to have an effect on the next delivery date, the notice of termination must be received by LaVita at least 3 working days before this date. This is without prejudice to the right to give notice for good cause.
6.7 In case of regular deliveries for an indefinite period of time, LaVita is entitled to make price adjustments for the ordered goods for future effect. You will be notified of a price adjustment at least 1 month in advance. If you do not object to the adjustment within 14 days, this will be deemed as you having given consent to the price adjustment. LaVita will make specific reference to this in the notification. If you object to the price adjustment, LaVita has a special right of termination. This must be asserted within 4 months of the notification with a notice period of 6 months.
7. Liability for defects
7.1 Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of sales law. (Sections 433 ff. of the BGB (German Civil Code)). In all other respects, statutory provisions apply to the warranty.
7.2 The limitation period for claims for defects is two years from the date of delivery of the goods to you. This does not apply to claims for damages and expenses that may be asserted in accordance with Clause 8 of these General Terms and Conditions.
7.3 If the supplementary performance is carried out in the form of a replacement delivery, you are obliged to return the defective goods to LaVita within 30 days at LaVita's expense. You must return the defective goods in accordance with the statutory provisions.
8. Retention of title, right of retention
8.1 LaVita retains ownership of the delivered goods vis-à-vis consumers until the purchase price has been paid in full.
8.2 You may only exercise a right of retention 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 in accordance with the product liability law. LaVita is liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
9.2 In all other respects, the following limited liability applies: In the case of minor negligence, LaVita is only liable in the event of a breach of a fundamental contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal obligation). The liability for slight negligence is limited in amount to the damages foreseeable at the time of conclusion of the contract, which typically have to be expected.
9.3. The above liability provisions also apply with regard to the liability of LaVita for its vicarious agents and legal representatives.
10. Code of conduct
LaVita is subject to the Trusted Shops quality criteria, which can be found online at http://www.trustedshops.de/guetesiegel/einzelkriterien.html.
11. Final provisions
11.1 The purchase contract between you and LaVita is subject to the laws of Germany, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory international private law provisions dictate otherwise.
11.2 If an individual provision of this agreement should be or become ineffective, then this does not affect the effectiveness of the remaining provisions.
Last updated: 22/12/2022