General Terms & Conditions
1. Scope of application, contractual partners
Trophovital GmbH, Am Gfild 3, 85375 Neufahrn bei Freising, Germany, tel.: +49 (0) 89 9965530, email: firstname.lastname@example.org, authorised representative Managing Director: Monika Tiedemann, business address: see above ("Trophovital") sells the products ("Products") advertised in the online shop ("Online Shop") in accordance with the following General Terms and Conditions ("GTC"). The General Terms and Conditions shall apply to all orders for the purchase of products concluded via the Online Shop between TROPHOVITAL and a customer contracting the purchase being a natural person residing in Germany or Austria for a purpose unrelated to any commercial or self-employed professional activity (consumer as defined by § 13 BGB – German Civil Code).
2. Conclusion of purchase contract and information on the ordering process
2.1 The offers of TROPHOVITAL in the online shop are subject to change.
2.2 The offers are open solely to consumers whose billing and delivery address is in Germany or Austria.
2.3 Before placing your order, you must either log in with your customer account, open an account for the Online Shop or continue as a guest.
2.4 To open an account, you must provide information about yourself. Your email address will be used as your login name. We may prohibit you from using the Online Shop and your account if you provide an invalid email address. You are obliged to choose a secure and strong password, to keep it confidential and not to disclose it to third parties.
2.5 If any of the information stored in your account details changes, you are obliged to update the information immediately.
2.6 Prior to submitting your order, all products selected by you, their total price including taxes and duties, the method of calculating the total price if applicable, any additional freight, delivery, shipping and other costs that may be incurred and any additional services you may have selected will be displayed again in a window for review. You can then identify any input errors and correct them before the binding submission of your order. The contractual provisions, including the General Terms and Conditions, can be called up again before the purchase is concluded and saved in reproducible form. By clicking "order subject to payment", you place your order, making it legally binding. TROPHOVITAL reserves the right to accept or reject your order.
2.7 Confirmation of receipt of your order will be sent to you by email immediately after you have placed the order. However, such confirmation of receipt shall not constitute acceptance of your order. If the products you have ordered are no longer in stock, we will inform you accordingly and reject your order; in which case no purchase contract will be concluded.
2.8 A purchase contract between you and TROPHOVITAL shall only be concluded when we accept your order by sending you a second e-mail confirming that the product has been despatched (confirmation of despatch) or by delivering the ordered product within fourteen calendar days of placing your order. Acceptance of your order shall signify that a purchase contract has been concluded on the basis of the contractual provisions, including the present General Terms and Conditions.
2.9 The language of the purchase contract shall be German. The text of the contract will be stored by TROPHOVITAL after the conclusion of the contract, but will then no longer be accessible to you.
3.1 Delivery periods and delivery dates shall be indicated in the information given during the order process.
3.2 If you order several products, different delivery times may apply.
3.3 Products are only delivered to consignment addresses within Germany and Austria.
4. Prices, payment terms
4.1 The purchase prices of the products are determined in accordance with the price information in the online shop valid at the time of ordering. All prices are listed in euros and include the respective statutory sales tax. All other costs, such as delivery and shipping, are shown separately before the binding submission of your order.
4.2 Payments can be made by credit card (Master Card, Visa) or PayPal. We reserve the right to exclude individual payment methods and to make reference to the other payment methods. Kindly note, that when selecting certain payment methods, you may have to agree to the general terms and conditions of the respective payment service provider.
4.3 When paying by credit card or PayPal, the purchase price is due immediately on placement of the purchase order.
4.4 In case of payment by credit card or PayPal, you shall authorise us or the relevant payment service provider to debit your EC or credit card with the purchase price or to debit your PayPal account or bank account. However, your EC or credit card will not be charged until your order is shipped.
5. Redemption of promotional vouchers
5.1 Vouchers that are issued free of charge as part of promotional campaigns with a fixed term of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can be redeemed solely in the LINTIA® Online Shop and only within the specified period.
5.2 Where vouchers contain corresponding restrictions, individual products may be included or excluded from voucher promotions.
5.3 Promotional vouchers can only be redeemed at shopping cart stage or on the overview page before the order process is completed. It is not possible to retrospectively apply the voucher deduction.
5.4 Only one promotional voucher can ever be redeemed per order.
5.5 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller shall be selected to pay the balance.
5.6 The value of a promotional voucher shall be neither paid out in cash nor shall it bear interest.
5.7 The promotional voucher shall not be refundable if the goods paid for in whole or in part with the promotional voucher are returned by the customer under the terms of the statutory right of cancellation.
5.8 The promotional voucher is transferable. However, the number of redemptions per customer may be limited.
6.Your rights in the event of defects
In the event of defects, you shall be entitled to the statutory rights in respect of such defects. Section 8 shall apply to claims for damages.
7. Agreed quality and guarantee
7.1 The agreed quality of the products is indicated in the respective product description or the specifications provided in the online shop ("agreed quality").
7.2 The information and specifications contained in the Product Description shall not be deemed a guarantee of the quality of the Products or as any other guarantee, unless expressly designated as such by TROPHOVITAL.
8. Liability and compensation
8.1 Liability for damages on the part of TROPHOVITAL for simple negligence, irrespective of the legal basis, shall be limited as follows:
(x) TROPHOVITAL's liability for breach of essential obligations arising from the contractual relationship shall be limited to the amount of damages typically foreseeable at the time of placement of the contractual order;
(xx) TROPHOVITAL shall not be liable for breach of non-essential obligations arising from the contractual relationship.
8.2 The aforementioned limitations of liability shall not apply in cases of mandatory statutory liability (in particular under the Product Liability Act) or in cases of culpably caused bodily injury. Furthermore, they shall not apply if and insofar as TROPHOVITAL has assumed a guarantee.
8.3 Clauses 8.1 and 8.2 shall apply accordingly to the liability of TROPHOVITAL for minor expenses.
8.4 You are obliged to take reasonable measures to prevent and mitigate damages.
9. Customer services
In the event of queries, complaints or objections, you are free to contact our customer services by email at email@example.com or by telephone, fax or post at the number(s) or address given in section 1 hereof.
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11. Data protection
Please note our data protection declaration, which you can access at any time under the Data Protection section.
12.1 The General Terms and Conditions are not a framework agreement which also apply to future orders. The GTCs valid at the time of your order and made available in the online shop shall apply to your respective orders. TROPHOVITAL may amend or adapt the GTC for future orders. You should therefore read the GTC again before placing each order.
12.2 Use of the website on which the online shop is operated is subject to the terms and conditions of use applying to the website.
12.3 The European Commission provides a platform for online dispute resolution. This gives you the opportunity to resolve disputes relating to your online order without the need to go to court in the first instance. The platform can be found at: http://ec.europa.eu/consumers/odr.
12.4 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Last updated: June 2020