The terms and conditions

§ 1 scope

All contractual relationships between vitaGreen nutrition GmbH (hereinafter: VitaGreen) and its customers are exclusively subject to the following terms and conditions in the version valid at the time the contract was concluded. They apply to all contracts that are concluded between vitaGreen and the customer using means of remote communication, in particular telephone, email, fax, postcard, letter or internet homepage, but also verbally directly or at events. Deviating terms and conditions of the customer do not apply unless VitaGreen expressly agrees to their validity. The business purpose of the contract is the purchase of natural products, in particular food, dietary supplements, personal care products, books, brochures and texts, as well as lectures.

§ 2 contractual partner / conclusion of contract

1. The contractual partner for all contracts is vitaGreen nutrition GmbH, Butenring 6, D-25479 Ellerau (GERMANY). VitaGreen nutrition GmbH is represented by the managing directors Hedda Wiehl and Holger Cremer. The company is based in Wedel, the registry court is the Pinneberg District Court (HR A).
2. The product descriptions contained on websites, in catalogs, brochures, brochures, price lists, other order lists or other printed matter and the prices mentioned there do not constitute an offer in the legal sense. The descriptions of goods are not a guarantee of properties. In no case are they medication.
3. With the order, the customer submits a binding offer. The prices and product descriptions valid at the time of the order are decisive. The customers must be of legal age and legally competent.
4. The contract is only concluded with the acceptance of the offer by vitaGreen. The acceptance takes place by declaration in oral or written form or by arranging the delivery. In the event that certain goods cannot be delivered, vitaGreen offers the customer goods of equal quality and price. If that is not possible, vitaGreen has the right to withdraw from the contract. vitaGreen will immediately inform the customer about the unavailability of the goods and immediately reimburse any consideration provided by the customer.

§ 3 Terms of payment / retention of title / copyrights

1. The delivered goods remain the property of VitaGreen until they have been paid for in full.
2. The following methods of payment are permitted: payments by bank transfer after receipt of an invoice on the payment date specified on the invoice (not for online orders) or payment by SEPA direct debit, payment via PayPal or payment by credit card (MASTERCARD or VISA). Individual agreements on payment must be in writing in order to be valid.
3. In the event that a direct debit is not honored or returned, the customer hereby irrevocably authorizes his bank to inform vitaGreen of his name and current address. Any resulting possible fees for which the customer is responsible can be reclaimed by vitaGreen from the customer.
4. Any fees and costs of monetary transactions for payments from abroad are borne by the payer.
5. VitaGreen nutrition GmbH is exclusively entitled to use the copyrights and trademarks. The customer (client) is not entitled to reproduce documents and information produced by us or to use them for reproduction or to use them in any other way, unless he has written approval from VitaGreen or a managing director. This also applies if a contract is not concluded.

§ 4 right of return / prohibition of set-off

1. vitaGreen grants the customer the right to return the ordered goods in accordance with Section 356 of the German Civil Code (BGB), excluding the right of withdrawal. Excluded from the right of return are goods that are not suitable for return due to their nature (e.g. opened food and dietary supplements), which can spoil quickly or whose expiration date has already passed when the return is made.
2. The customer exercises his right of return by sending the goods back to vitGreen nutrition GmbH, Kronskamp 100, D-22880 Wedel, after having expressed a return request to VitaGreen. The deadline for the return is fourteen days from receipt of the goods. During this time, the return request must be made and the return must be made.
3. The return is at the expense and risk of the customer.
4. The customer has to pay compensation if the goods have deteriorated due to the intended use of the goods, but he is entitled to check the goods, as would be customary in a shop.
5. In relation to claims from the contract or related non-contractual claims, a set-off or retention is only permissible with due counterclaims that are not opposed by an objection.

§ 5 delivery

1. The delivery takes place within Germany with flat-rate shipping costs as shown at the checkout, or free shipping from an order value of 75 €. vitaGreen nutrition GmbH reserves the right to invoice the customer for the actual shipping costs at any time. Deliveries abroad are delivered at the flat-rate shipping costs shown at the checkout, there are also country-specific order value limits for free shipping. If this is not available, VitaGreen is entitled to charge the actual shipping costs in full.
2. The risk of accidental loss or deterioration of the goods is transferred to the customer at the time of delivery. The time of delivery is the documented delivery by the logistics service provider.
3. If the customer is in default with the acceptance of the goods or if he culpably violates other obligations to cooperate, vitaGreen reserves the right to demand compensation for the damage it incurred. Further claims remain unaffected.

§ 6 Warranty

1. If the delivered goods are defective, the statutory regulations apply. VitaGreen does not grant any guarantees beyond the statutory guarantees.
2. Since most vitaGreen products are natural or natural products, this means that the goods in individual product groups differ from one another in terms of composition, color, consistency, taste and smell. These deviations are due to the natural origin and the careful processing and do not constitute material defects.

§ 7 liability

1. Claims for damages against vitaGreen - for whatever legal reason - are excluded, unless the occurrence of the damage is based on an intentional and grossly negligent breach of duty by vitaGreen nutrition GmbH.
2. In the event of a breach of an essential contractual obligation (cardinal obligation), vitaGreen is liable even in the case of simple negligence, but only for foreseeable, contract-typical damage and not more than an amount of € 100.
3. Other legal bases for liability remain unaffected.
4. The limitations of liability also apply to third parties who are included in the scope of protection of the contract.

§ 8 Place of performance / place of jurisdiction / complaints / severability clause

1. German law applies to the exclusion of the UN purchase law.
2. The place of jurisdiction and performance is Wedel (Pinneberg district), this also applies to the dunning procedure.
3. Should one or more provisions be ineffective, this does not affect the effectiveness of the remaining provisions. Instead of the ineffective provision, a regulation comes into force that comes closest to the meaning.

§ 9 data protection

1. When the order is placed, personal data such as first name, surname, address, zip code, city and telephone number are collected in order to process the order and dispatch the goods ordered.
2. VitaGreen stores the personal data for the execution of the contract. Customer data is only used and processed within the framework of the applicable data protection laws. vitaGreen nutrition GmbH uses cookies on the website, some of which are provided by third-party providers. You can find detailed information about this at Data / data protection on this website.
3. With delivery of the goods, vitaGreen assumes that the customer will continue to be interested in offers and information from vitaGreen. In order to enable vitaGreen to address you later, in particular by post or email, the customer therefore generally consents to the storage of his personal data for this purpose. This consent can be revoked at any time without giving reasons.
4. After the contract has been processed, the customer can request that his customer account be deleted or that he be given information about the stored data. This must be requested in writing, by email or by phone.

§ 10 instruction on the statutory right of withdrawal

1. You can revoke your contract declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is left to you before the deadline expires - by returning the item.
2. The period begins after receipt of this instruction in writing, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB as well as our obligations according to § 312g Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB.
3. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:

vitaGreen nutrition GmbH

Butenring 6 (Halle 6)

D-25479 Ellerau (GERMANY)

Fax no .:  +49 (0) 4106 6400 864

E-mail:   info (at) vitagreen.de

§ 11 Consequences of Revocation

1. In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered. 

2.  If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value. 

3.  You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality.

4th  "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop. 

5.  Transportable items are to be returned at our risk. You have to bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a payment in the case of a higher price of the goods at the time of cancellation have made the contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent as a parcel will be picked up from you. 

6th  Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.