Terms of service
General Terms and Conditions with Customer Information
1 Provider
The "Vitabaum" online shop (hereinafter referred to as the "Shop") is offered by skyline brands GmbH, Kielweg 16A, 49356 Diepholz (hereinafter referred to as "SKY"), Managing Directors: J. Radomski & M.B. Radomski (Walsrode Local Court, HRB 203489, VAT ID: DE280620224). The company's registered office is in Diepholz.
SKY is the exclusive seller of the goods offered in the shop.
2 Ordering Process and Conclusion of Contract
The presentation of the products in the shop does not constitute a legally binding offer, but merely a non-binding presentation of the goods available for order from SKY. This applies to both SKY products and products from our partners that you can find in the shop.
When you select one or more products, they are placed in the virtual shopping cart. All products associated with that shopping cart can be viewed in the shopping cart. You can also change the quantity of ordered products and remove an ordered product. By clicking the "Checkout" button, you will be prompted to enter the information relevant for shipping and select a payment method. Before completing your order, all information relevant to the order will be summarized. By clicking the "BUY NOW" button, the ordering process is completed and the order is sent to SKY. Only then do you submit a binding offer to purchase the goods contained in the shopping cart ("Order").
The confirmation of receipt of the order will follow immediately after you place your order. However, this does not automatically lead to the conclusion of the contract; it merely serves to inform you that SKY has received the order. The purchase contract is only concluded with a separate order confirmation or with the actual delivery of the goods to you.
We will send you the content of the concluded purchase agreement again in a separate email. You can also view completed orders in your user account.
You have the option to download and save these Terms and Conditions at any time.
SKY reserves the right to definitively reject an order for an unavailable product. In such a case, we will inform you immediately.
The products offered in the shop are only sold in household quantities. Placing multiple orders for the same product may also result in exceeding a household quantity.
The contract is concluded in German.
2.1 Ordering, Termination, and Conclusion of the Subscription Contract
The presentation of the product as a subscription in the online shop does not constitute a binding offer by the provider to conclude a subscription. The customer is merely invited to submit an offer by placing an order.
On selected product pages, the customer has the option of submitting an order for various subscriptions, which differ in purchase price and contract term. The products assigned to the subscription can be viewed in the shopping cart.
By clicking the "Checkout" button, you will be prompted to enter the information relevant for shipping and select a payment method. Before completing the order, all information relevant to the order will be displayed in summary form. By clicking the "Buy now" button, the ordering process is completed and the order is submitted.
By submitting the order in the online shop, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also acknowledges these terms and conditions as the sole authoritative basis for the legal relationship with the provider.
The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not constitute acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider.
The declaration of acceptance of the contract offer will be made within three business days at the latest through the first delivery of the goods selected in the subscription or an express declaration of acceptance.
Cancellations can be sent at any time to mail@vitabaum.com or to the following address, or can be managed in your own customer account.
skyline brands GmbH, Kielweg 16A
49356 Diepholz
The cancellation conditions in Section 10 of these Terms and Conditions apply.
3 Price Information
The prices stated for the products at the time of the order always apply.
All prices stated in the shop are end-user prices. These are in euros and already include the applicable statutory VAT.
Shipping costs, if applicable, will be listed separately. The final shipping costs will be displayed in the order overview of your shopping cart.
4 Delivery Conditions
Shipping is only possible within the Federal Republic of Germany, Austria, and Switzerland. These General Terms and Conditions and other information required for the conclusion of the contract are therefore provided exclusively in German. You can order within the EU here: https://www.vitabaum.com
The goods you order will be delivered to you by parcel delivery. Delivery will take place within the delivery time specified for the respective product on the product detail page. For purchases on account, the delivery period begins on the day after the contract is concluded.
SKY is also entitled to make partial deliveries and partial services. Any costs incurred in this regard will be borne by SKY.
If you are entitled to a right of withdrawal, please return the goods to us after the withdrawal to the following address:
skyline brands GmbH
Kielweg 16A
49356 Diepholz
If you exercise your right of withdrawal, the CUSTOMER shall bear the regular costs of returning the ordered goods.
5 Warranty
If a product delivered by SKY is defective, you are entitled to the statutory warranty claims that you can assert against us. Please contact us directly at: mail@vitabaum.com
If special guarantees apply to products, your statutory warranty claims remain unaffected.
6 Payment Terms
The payment options offered by SKY are displayed in the shop. Currently, SKY offers payment for goods, among other options, by prepayment, credit card (Mastercard and Visa), and PayPal, each taking into account any vouchers used.
For credit card payments, we use the services of the payment service provider "Shopify Payments," located at 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2. The purchase price is usually debited on the same day the order is placed. If you choose a payment method offered by the payment service provider Shopify Payments, payment processing is carried out by the technical service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we will transfer the information you provided during the ordering process, along with information about your order (name, address, account number, bank sort code, credit card number (if applicable), invoice amount, currency, and transaction number) in accordance with Art. 6 (1) (b) GDPR. Your data will be shared solely for the purpose of processing payments with Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. Further information on Shopify Payments' data protection policy can be found at the following website address: https://www.shopify.com/legal/privacy.
Information on Stripe Payments Europe Ltd.'s data protection policy can be found here: https://stripe.com/de/privacy
When paying via PayPal, the debit is usually made on the same day and is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, registered in the Luxembourg Commercial Register under number B 118 349. When paying via PayPal, you authorize SKY to debit a PayPal account specified by you when the payment is due. The PayPal Terms of Use apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if you do not have a PayPal account – for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
We reserve the right to block your registration as a customer and thus access to the shop if there are any payment defaults or delays, or if there are repeated improper procedures during the order process. To protect against credit risk, we reserve the right to restrict the payment methods available. Refunds will be made using the same method used to receive your payments.
SKY will send you an invoice for the purchased products by email.
7 Retention of Title
Ownership of the delivered products will only pass to you upon full payment.
8 Vouchers
Voucher codes issued by SKY cannot be purchased. They are issued exclusively as part of promotional campaigns. Vouchers are only valid for the specified period. The voucher expires after one use or upon expiration of the validity period.
Individual products may be excluded from the voucher promotion. Please refer to the respective voucher terms and conditions for further information.
For administrative reasons, it is not possible to refund any remaining value of redeemed vouchers. If the value of a voucher is insufficient for the order, the remaining amount can be paid using the payment options offered.
Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
Vouchers cannot be transferred to third parties. Multiple vouchers cannot be combined.
Vouchers will not be refunded if goods are returned in whole or in part.
9 Data Protection
We collect, process, and use your personal data to the extent necessary for the establishment, execution, or termination of this contract. Further collection, processing, and use of your personal data will only occur if permitted by law or if you have consented. Further information can be found in our Privacy Policy.
10 Right of Withdrawal
The following cancellation provisions apply to products purchased by a consumer through the SKY shop. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
Cancellation Policy
for the delivery of goods or the uniform delivery of goods from an order process
Right of Withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us (skyline brands GmbH, Kielweg 16A, 49356 Diepholz, Germany, email: mail@vitabaum.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send your notification of exercising your right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the date on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until the sender has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract.
skyline brands GmbH
Kielweg 16A
49356 Diepholz
This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to a Examination of the quality, properties and functioning of the goods is not due to handling of the goods.
A right of withdrawal does not exist in cases of (1) the delivery of goods which are not prefabricated and for whose production an individual selection or determination by you is decisive, or which are clearly tailored to your personal needs, (2) the delivery of goods which can spoil quickly or whose expiration date has been quickly exceeded, (3) the delivery of goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, (4) the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, (5) the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts, (6) the delivery of digital content which is not on a physical data carrier if we have begun to execute the contract after you (a) have expressly agreed that we may begin to execute the contract before the expiry of the withdrawal period, and (b) you have confirmed your knowledge that by giving your consent you have exercised your right of withdrawal with the commencement of the execution of the contract. lose.
11 Limitation of Liability
SKY is liable without limitation for damages resulting from injury to life, body, or health resulting from a breach of duty by a legal representative or vicarious agent of SKY.
For other liability claims, SKY is liable without limitation only in the event of intent or gross negligence on the part of its legal representatives, executives, and vicarious agents.
SKY is not liable for damages resulting from simple negligence on the part of SKY's legal representatives, executives, and vicarious agents, unless a duty is violated whose compliance is of particular importance for achieving the purpose of the contract (cardinal duty). Cardinal duties are those duties whose fulfillment is essential for the proper execution of the contract, whose violation jeopardizes the achievement of the purpose of the contract, and on whose compliance the other contracting party regularly relies. In the event of a negligent breach of a cardinal duty, liability is limited to the damage typically foreseeable at the time the contract was concluded.
SKY's liability under the Product Liability Act remains in effect.
12 Conclusion of Contract User Account
You can purchase products on our website as a registered user or as a guest without registration. As a registered user, your order data will be saved and automatically pre-entered during the ordering process to process orders more quickly.
You can terminate your user account at any time without notice. We can terminate your user account at any time with 14 days' notice; the statutory right to extraordinary termination without notice for good cause remains unaffected. Termination of your user account does not affect any purchase contracts already concluded.
13 Final Provisions
All disputes arising in connection with the initiation, execution, or settlement of the contractual relationship shall be governed exclusively by German law, unless mandatory consumer protection provisions of the country in which you have your habitual residence prevail. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Berlin. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have relocated their place of residence or habitual abode outside of Germany after the conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is filed.
Should individual provisions of these Terms and Conditions be invalid in whole or in part, the remaining provisions of these Terms and Conditions shall remain valid. The statutory provisions shall apply in place of the invalid provision.
We hereby inform you that SKY does not participate in dispute resolution proceedings before a consumer arbitration board and is not obligated to do so.
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