General Terms and Conditions

General Terms and Conditions

§ 1 Area of application

The following General Terms and Conditions shall solely apply for the business relationship between Vitabay Corp. (hereinafter Vitabay.net) and the buyer in the version valid at the time of order placement. Buyers’ deviating terms and conditions shall not be accepted by Vitabay.net unless Vitabay.net had explicitly agreed to their validity in writing.

§ 2 Conclusion of contract

Your order shall represent an offer for us to conclude a contract of sale. When you place an order at Vitabay.net, we shall send you an email which confirms the receipt of your order and lists its particulars (order confirmation). This order confirmation shall not represent an acceptance of your offer but shall only be intended to inform you that we have received your order. A contract of sale shall not be concluded until we have shipped the ordered product to you or have confirmed the shipment to you with a second email (shipment confirmation). A contract of sale shall not be concluded for products from one and the same order which are not listed in the shipment confirmation. The Vitabay Corp. shall be the contracting party.

Vitabay.net shall not offer products for sale to minors. Our products for children can also only be purchased by adults.

Please observe that all products shall only be sold in amounts common to households. This shall apply to the amount of the ordered products in line with an order as well as to the placement of several orders for the same product in which the individual orders contain an amount common to households.

§ 3 Right of cancellation up to 2 weeks, exclusion of the right of cancellation

Cancellation policy

Right of cancellation

You can cancel your order in writing within 14 days without any explanation (e. g. letter, fax, email) or - if you have been supplied with the merchandise prior to the deadline - by returning the merchandise.

The time limit shall begin after the receipt of this policy in writing however, not before the receipt of the merchandise by the addressee (in the case of a recurring delivery for similar merchandise not before the receipt of the first partial delivery) and also not before the fulfilment of our duty to supply information according to article 246 § 2 in combination with § 1 sec. 1 and 2 of the Introductory Act to the German Civil Code as well as our duties according to § 312g sec. 1 sentence 1 German Civil Code in combination with article 246 § 3 Introductory Act to the German Civil Code. The punctual dispatch of the cancellation or the merchandise shall suffice for ensuring the cancellation deadline.

The cancellation shall be sent to:

Please inform us of each purchase return in advance via email or fax so that we can supply you with the details for the return shipment.

VITABAY CORP.
113 Barksdale Professional Centre
Newark, DE 19711
USA

SHIPMENT & LOGISTICS EUROPE:

VITABAY CORP.
European Logistic Centre
Venlo, Holland
EUROPE

Please inform us of each purchase return in advance via email or fax so that we can supply you with the details for the return shipment.

Email: info@vitabay.net

FAX: +49 (0) 7000 - 848 2229 (vitabay) (as of 6.2 ct/min, if applicable, varying prices from mobile networks)

Cancellation consequences

In the event of an effective cancellation, the services received by either party shall be returned and if applicable any benefits which have accrued released. Should you be unable to completely or partially return the merchandise and services you received , or only return them in an impaired condition, you must, if necessary, render compensation for lost value in this respect. This shall not apply in the case of surrendered merchandise if the decline of the merchandise can be solely attributed to its examination - as it would have been possible for you in a store for example. Furthermore, the obligation to render compensation for impairment caused by using the merchandise as intended can be avoided by not treating the merchandise as your own property and refraining from all activities which may impair their value.

Merchandise which can be sent by parcel post shall be returned at our risk. You shall bear the costs for the return shipment if the delivered merchandise corresponds to the ordered merchandise and if the price of the merchandise to be returned does not exceed 40 Euros or in the event of higher priced items, you have not yet rendered the return service or a partial payment as stipulated by contract at the time of cancellation. Otherwise the return shipment shall be free of charge. Merchandise which cannot be sent by parcel post will be picked up at your location. Obligations to reimburse payments must be fulfilled within 30 days. For you, the time limit shall begin with the dispatch of your cancellation or the merchandise, for us with its receipt.

End of the cancellation policy

Exclusion of the right of cancellation

The right of cancellation shall not exist for distance selling contracts for the delivery of merchandise which is manufactured according to customer’s specifications or which is clearly tailored to personal requirements or which is not suitable for return shipment due to its condition or which can quickly deteriorate or whose expiration date would expire, for the delivery of audio or video recordings or of software if the delivered data carriers were unsealed by the consumer or for the delivery of newspapers, journals and magazines.

§ 4 Delivery

Unless otherwise stipulated, shipment shall be effected from the Vitabay.net warehouse to the delivery address specified by the buyer. We ship quickly and reliably from our distribution centre in Holland. No additional customs duties or import duties shall accrue for any customers from EU member states. You can find information about the availability of products which are sold by Vitabay.net on the website (e.g. on the respective detailed product page). We would like to point out that all information regarding availability, shipment or delivery of the products is merely estimated information and approximate guidelines. It shall not represent binding or rather guaranteed shipping or delivery dates unless this is explicitly indicated as a binding deadline in the shipping options of the respective product. Provided that Vitabay.net determines that products which you have ordered are not available during the processing of your order, you will be informed thereof via a separate email. Should Vitabay.net not be capable of delivering the ordered merchandise through no fault of its own but because the Vitabay.net supplier does not fulfil its contractual obligations, Vitabay.net shall be entitled to cancel the contract with the buyer. In this event, the buyer shall be immediately informed that the ordered product is not available. The buyer’s statutory claims shall remain unaffected.

As far as a delivery to the buyer is not possible because the ordered merchandise does not fit through the buyer’s entrance door, front door or stairway or because the buyer cannot be reached at the delivery address he/she specified although the buyer was informed of the time of delivery within a reasonable time period, the buyer shall bear the costs for the failed delivery.

§ 5 Due date and payment, default

The buyer can pay the purchase price via credit card, PayPal, DIRECTeBanking or prepayment. Should the buyer be in default of payment, Vitabay.net shall be entitled to claim default interest amounting to 5 % above the base rate posted by the European Central Bank per annum. In the event that more damage caused by default has verifiably resulted for Vitabay.net, vitabay.net shall be entitled to claim these.

§ 6 Set-off, retention

The buyer shall only be entitled to set-off rights if his/her counterclaims are established as final and absolute or are uncontradicted by Vitabay.net. Furthermore, he/she shall only be entitled to a right of retention insofar as his/her counterclaim is based on the same contractual relationship.

§ 7 Price

All prices shall contain the respective applicable value added tax.

§ 8 Products: Portrayal and description

The portrayal of the products can vary from the actual product in colour, form, quantity and content. Solely the product description shall be decisive for the actual product.

§ 9 Retention of title

The delivered merchandise shall remain the property of Vitabay.net until full payment has been effected.

§ 10 Liability for defects

Should the object of purchase be defective, the statutory provisions shall apply. The assignment of these claims of the buyer shall be excluded.

Should supplementary performance be executed in the form of compensation delivery, the buyer shall be obligated to return the initially delivered merchandise to Vitabay.net within 30 days at the expense of Vitabay.net. The return shipment of the defective merchandise shall be effected according to the statutory provisions. Vitabay.net shall reserve the right to assert compensation for damages under the requirements regulated by law.

The statute of limitations shall be twenty-four months as of delivery.

Vitabay.net shall assume unlimited liability provided that the cause of damage is based on intent or gross negligence.

Furthermore, Vitabay.net shall assume liability for the negligent breach of fundamental obligations whose breach endangers the fulfilment of the intent of contract or for the breach of obligations whose fulfilment enables the proper execution of the contract in the first place and upon whose adherence to you routinely rely. However, in this case Vitabay.net shall only be liable for the foreseeable damage typical to this type of contract. Vitabay.net shall not assume liability for the negligent breach of obligations other than the ones stated in the preceding sentences.

The preceding limitations of liability shall not apply for losses arising from death, injury to body and health, for damages after the acceptance of a guarantee for the condition of a product and for defects intentionally misrepresented by silence. Liability according to the Product Liability Act shall remain unaffected.

As far as the liability of Vitabay.net is excluded or limited, this shall also apply for the personal liability of employees, representatives and vicarious agents.

§ 11 Assignment of rights, customer reviews

Should the user decide to write a Vitabay.net customer review, he/she shall grant Vitabay.net a temporarily and regionally unlimited and exclusive licence for the duration of the underlying right for the further use of the customer review for any purposes online as well as offline. Vitabay.net shall strive to always name the writer as author however, shall reserve the right to abbreviate or omit this information. Vitabay.net shall reserve the right not to display a review or to only display it for a limited time period on the website as well as to shorten or alter it. Furthermore, the review guidelines shall apply. Customer reviews solely express the opinion of the customer. The contents do not necessarily comply with the views of Vitabay.

§ 12 Collection, processing and use of our customers’ personal data

Information which you supply us with helps us to individually arrange your shopping experience at Vitabay.net and to continuously improve it. We use this information for the processing of orders, the delivery of merchandise as well as for payment processing. We also use your information to communicate with you about orders, products and marketing offers as well as for updating our data records and maintaining and caring for your customer accounts as well as for displaying contents e.g. customer reviews and for recommending products to you which might interest you. We also use your information to improve our shop, to prevent a misuse of our website or to detect one or to enable third parties the execution of technical, logistic or other services on our behalf.

You can find further information regarding the type, extent, location and purpose of the collection, processing and use of personal data by the Vitabay Group required for the execution of orders, the registration for the email notification service, the transmission of an online review in the Privacy Policy.

§ 13 Applicable law

Spanish law shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Place of jurisdiction for all legal disputes resulting from the contractual relationships shall be Barcelona, Spain. According to our choice, the buyer can also be taken to court at his/her place of residence or at the location of his/her place of business.