Terms & Conditions

General Terms and Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (skylinebrands GmbH) via the website www.vitabaum.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we make you a binding offer to conclude a contract subject to the terms and conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After accessing the "Checkout" page and entering your personal information as well as the payment and shipping terms, all order details will be displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofort) as your payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there. You will then be redirected back to the order overview page in our online shop.

Before submitting your order, you have the opportunity to review all information again, change it (also using the "back" function of your internet browser), or cancel the purchase.

By submitting your order using the "order with payment" button, you declare your legally binding acceptance of the offer, thereby concluding the contract.

(4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partially automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually Designed Goods

(1) You will provide us with the appropriate information, texts, or files required for the individual design of the goods via the online ordering system or by email, at the latest immediately after conclusion of the contract. Our specifications regarding file formats, if any, must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.

(3) We do not check the submitted data for accuracy and therefore assume no liability for errors.

(4) If stated in the respective offer, we will send you a proofreading template, which you must check immediately. If you agree with the draft, please authorize the proof for execution by countersigning it in text form (e.g., by email).
Design work will not be executed without your approval.
You are responsible for checking the proof for accuracy and completeness and for notifying us of any errors. We assume no liability for errors not reported.

§ 4 Special Agreements on Payment Methods

(1) Credit Check
If we make advance payments, e.g., for payment by invoice or direct debit, your data will be passed on to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, to protect our legitimate interests for the purpose of credit checks based on mathematical and statistical procedures. We reserve the right to refuse payment by invoice or direct debit based on the results of the credit check.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring ownership as security is not permitted before ownership of the reserved goods has been transferred.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount; we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of the combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to inspect the item immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If you are a business owner, the following applies, deviating from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise, or statements by the manufacturer.

b) In the event of defects, we will provide warranty at our discretion through repair or replacement. If the defect cannot be remedied, you can, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item, the defect, or other circumstances indicate otherwise. In the event of subsequent improvement, we shall not be liable for the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period shall be one year from delivery of the goods. The shortened period shall not apply:

- to damages attributable to us resulting from injury to life, body, or health, and to other damages caused intentionally or through gross negligence;
- to the extent that we fraudulently concealed the defect or provided a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- to statutory recourse claims that you have against us in connection with warranty rights.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).

(2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time the action is filed. The right to also bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

 

II. Customer Information

1. Identity of the Seller

skyline brands GmbH
Kielweg 16a
49356 Diepholz
Germany
Phone: +49 (0) 5441-5939290
Email: mail@vitabaum.com

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

2. Information on the Formation of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are subject to the provisions of the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print out the contract details using your browser's print function or save them electronically. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For quote requests outside of the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG and, accordingly, to the Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

6.3. If delivery is to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (credit transfer or exchange rate fees), which you must bear.

6.4. Any costs incurred for money transfer (credit transfer or exchange rate fees) are to be borne by you in cases where delivery is to an EU member state but payment was made outside the European Union.

6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

7. Delivery Conditions

7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund (German Retailers' Association) who specialize in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

Last updated: November 19, 2018