Terms of Service

Terms of Service

1. scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contractual partner, conclusion of contract

The purchase contract is concluded with Petra GmbH.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided in the order process and use the explained proofing tools. By clicking the order button, you place a binding order for the goods in the shopping cart. The confirmation of receipt of your order will be sent by email immediately after the order has been sent.

When the contract with us is concluded depends on the payment method you have chosen:

Billing and financing via Klarna, billing via Klarna, financing via Klarna
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.

Credit card
When you place your order, you enter your credit card details and the credit card company carries out an authorization check. After your legitimation as the legal cardholder, the payment transaction will be initiated automatically and your credit card will be charged when the order is placed. When the credit card is charged, the contract with us is concluded.

PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. This creates the contract with us.

Sofort by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you will confirm the payment instructions. This creates the contract with us.

Giropay
After placing the order, you will be redirected to the website of your bank, where you will confirm the payment order to your bank. This creates the contract with us.

Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. There you can select the delivery address and payment method saved at Amazon and confirm the payment order to Amazon. You will then be redirected back to our online shop, where you can complete the ordering process. After placing the order, we ask Amazon to initiate the payment transaction and thereby accept your offer.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible on the Internet.

4. delivery terms

In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.

We only deliver by post. Unfortunately, a self collection of the product is not possible.

5. pay

The following payment methods are generally available in our shop:

Credit card
When you place your order, you enter your credit card details and the credit card company carries out an authorization check. After your legitimation as the legal cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.

If you choose the payment method PayPal you have to be registered there in order to be able to pay the invoice amount or you must first register and legitimize with your access data. The payment transaction is automatically carried out by PayPal immediately after the payment order has been confirmed. You'll get more information during the ordering process.

If you choose the payment method Credit card you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder, and your card will be charged. You'll get more information during the ordering process.

If you choose the payment method debit charge you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.

If you choose the payment method bill you do not have to be registered with PayPal in order to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claims to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. For payment processing via PayPal - in addition to our terms and conditions - the terms and conditions and the privacy policy of PayPal apply. Further information and the complete terms and conditions of PayPal for purchase on account can be found here.

Sofort by klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN / TAN that has been activated for participation in Sofort, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Giropay
After placing the order, you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have an online banking account with PIN / TAN that has been activated for participation in Giropay, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.

Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can select the delivery address and payment method saved by Amazon, confirm the use of your data by Amazon and the payment instructions to us. You will then be redirected back to our online shop, where you can complete the ordering process. Immediately after the order is placed, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You'll get more information during the ordering process.

Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoices are only available for consumers and that payment must be made to Klarna in each case. When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here.

Purchase on account and financing via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account and installment purchase as a payment option. Please note that Klarna invoice and Klarna installment purchase are only available for consumers and that payment must be made to Klarna.

Klarna installment purchase
With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least € 6.95). You can find further information on Klarna installment purchase including the general terms and conditions and the European
standard information for consumer credit here.

Klarna invoice
When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here.

Financing through Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you installment purchase as a payment option. Please note that Klarna installment purchase is only available for consumers and that payment has to be made to Klarna. 95 €). Further information on Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit can be found here:https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account

6. Right of withdrawal

Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of title

The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

9. Warranties and guarantees

Unless otherwise expressly agreed below, the statutory right to liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under the exclusion of any warranty. The statutory limitation periods for the right of recourse in accordance with § 445a BGB remain unaffected. We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent Breach of duty and malice
• in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed
• as far as the scope of the Product Liability Act has been opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can contact our customer service for questions and complaints by phone: +49 (0) 6997546240 or by email at support@vitayes.us

10. liability

We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• if the scope of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely (cardinal obligations) Due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
In addition, claims for damages are excluded.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS) that you here Find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN sales law.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.


Terms of Service created with the Trusted Shops Legal copywriter in cooperation with Wilde Beuger Solmecke Attorneys at Law.