Terms

BAT



General Terms and Conditions of Vivere GmbH

Stand: 20. March 2020

1. Scope

These Terms and Conditions of Vivere GmbH (hereinafter Vivere) apply to all contracts entered into by a customer with regard to the goods and/or services that Vivere represents in the publicly accessible area of its online shop.




2. Contract

2.1 The product presentations contained in the Vivere online shop do not constitute binding offers from Vivere but serve as a binding offer by the customer.




2.2 The customer can submit the offer via the online order form integrated in the online shop. After placing the selected goods and/or services in the virtual shopping cart and having completed the electronic ordering process, the customer shall, by clicking the button that completes the ordering process, make a legally binding contract offer with respect to the goods and/or services contained in the shopping cart.




2.3 Vivere immediately confirms access to the order. Vivere can accept the customer's offer within five days by:

  • the customer receives an order confirmation in text form (letter, fax or e-mail), with access to the order confirmation being decisive for the customer; or

  • supplies the ordered goods to the customer, with the access of the goods to the customer being decisive; or

  • requires the customer to pay.




If Vivere does not accept the offer of the customer within the time limit, this shall be deemed to be a refusal of the offer. The customer is then no longer bound by his offer.




2.4 The time limit for acceptance of the offer shall begin on the day following the sending of the offer by the customer. It shall end on the fifth day following the dispatch of the offer.




2.5 When submitting an offer via Vivere's online order form, Vivere stores the order data and sends it to the customer in the order confirmation as well as the cancellation statement in text form by e-mail. If the customer has set up a customer account during the order, he can also retrieve the order from it, indicating the corresponding login data.




2.6 Before placing the order via the online order form, the customer can continuously correct his or her inputs. Before placing the binding order, all entries are displayed again in a confirmation window and can be corrected.




2.7 The order processing and contact are usually done by e-mail and automated. The customer shall ensure t hat the e-mail address specified by him for the order processing is correct and that he receives e-mails sent from Vivere at this address. In particular, when using spam filters, he must ensure that all emails sent by Vivere or by Vivere to third parties responsible for processing orders can be sent.




3. Languages

The following languages are available for the conclusion of the contract: German, English, Italian and Spanish.




4. Right of withdrawal

4.1.The customer shall have the right to withdraw from the contract within fourteen days without giving reasons, provided that he has concluded the contract as a consumer, i.e. the business cannot be attributed mainly to his commercial or self-employed activity.




4.2.The withdrawal period shall be fourteen days from the date on which the customer or a third party designated by him, other than the carrier, took possession of the goods. In the case of a contract for several goods ordered by the customer und er a single order and delivered separately, the withdrawal period shall begin on the day on which the customer or a third party designated by him other than the carrier has taken possession of the last goods. In the case of a contract for the supply of goods in several lots or parts, the withdrawal period shall begin on the day on which the customer or a third party designated by him, other than the carrier, has taken possession of the last lot or part.




4.3 In order to exercise its right of withdrawal, the customer must live by means of a clear statement (e.g. a letter, fax or e-mail) to:

Vive GmbH,

Wired road 20

21109 Hamburg

Email:Customer supportlive.

inform of his decision to revoke the contract. The customer can also use the Muser withdrawal form, which is not required.

4.4.In order to respect the withdrawal period, it is sufficient for the customer to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.




4.5.When the customer withdraws the contract, Vivere shall promptly and without delay notify the customer of all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery from the most advantageous standard delivery offered by Vivere); and repay no later than fourteen days from the date on which the customer's notification of the cancellation of this contract was received from Vivere. Vivere uses the same means of payment as the customer used in the original transaction for this repayment, unless otherwise expressly agreed with the customer; under no circumstances will the customer be charged fees for this repayment.




4.6.Vivere may refuse repayment until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier date. The customer shall notify Vivere of the revocation of this contract without delay and in any event within fourteen days of the date on which the customer informs Vivere of the revocation of this contract at the latest:

Vive GmbH,

Wired road 20

21109 Hamburg

return or surrender. The period shall be respected if the customer dispatches the goods before the expiry of the fourteen-day period.




4.7 The customer shall bear the direct cost of returning the goods, unless the customer dispatches the goods in the original packaging with the attached stamped return label by DHL dispatch. In this case Vivere will bear the costs.




4.8.The customer shall be liable for any loss in the value of the goods only if such loss in value is due to a treatment which is not necessary for the examination of the nature, characteristics and functioning of the goods.




5. Return guarantee




5.1 In addition, Vivere grants its customers, provided that they conclude the contract as consumers, a 30-day return guarantee. The statutory provisions on consumer rights of revocation and warranty rights remain unaffected by this guarantee.

5.2 If the customer takes advantage of the return guarantee, Vivere shall refund to the customer all payments received from him, excluding delivery costs, without delay and no later than fourteen days from the date on which the return was received from Vivere. Vivere uses the same means of payment as the customer used in the original transaction for this repayment, unless otherwise expressly agreed with the customer; under no circumstances will the customer be charged fees for this repayment.

5.3 Used and opened goods or goods with traces of use are excluded from the guarantee of return.

5.4.The period for return shall be 30 days from the date on which the customer or a third party designated by him other than the carrier took possession of the goods. In the case of a contract relating to several goods ordered by the customer und er a single order and delivered separately, the period of return shall begin on the day on which the customer or a third party designated by him other than the carrier took possession of the last goods. In the case of a contract for the supply of goods in several lots or pieces, the period of return shall begin on the day on which the customer or a third party designated by him, other than the carrier, has taken possession of the last partial consignment or piece.

5.5 If the customer makes use of this return guarantee, he must return the goods in their original state and be packaged with DHL dispatch to the

Vive GmbH,

Wired road 20

21109 Hamburg

return.

5.6 The customer shall bear the costs of the return.
5.7 In order to meet the deadline of the return guarantee, it is sufficient for the customer to send the goods within the 30-day return period.




6. Prices and payment terms

6.1.The quoted prices are final prices and contain the statutory turnover tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

6.2 The customer prepares with credit card, debit card, instant transfer or iDeal or pays via PayPal or invoice.

6.3.Payment shall be due immediately after conclusion of the contract. Vivere may withdraw from the contract if the payment is not received within two weeks of the conclusion of the contract.




7. Gift and action vouchers

7.1. Gift and action vouchers and discount codes may be redeemed during their period of validity using the online order form before the order is completed. The corresponding amount is charged with the purchase price. Subsequent billing, after completion of the order, is excluded.

7.2 Only one action voucher or discount code can be redeemed for each order. Gift vouchers cannot be combined with action vouchers or discount codes.

7.3 Vivere reserves the right to limit the validity of action certificates and discount codes to certain products.




8. Delivery and shipping conditions, availability

8.1 Each delivered product remains the property of the Vivere until full payment.

8.2 The delivery of goods is carried out regularly on the route of dispatch and to the address of delivery indicated by the customer. Delivery takes place only within the European Union. The address of delivery indicated by the customer in the order processing is decisive in the execution of the transaction.

8.3.Vivere shall deliver within the delivery period specified during the ordering process and in the order confirmation. The delivery period is 7-10 days in the standard shipment within Germany's 3-5 days and abroad.

8.4 If the carrier returns the goods sent to Vivere because it was unable to deliver them to the customer, the customer shall bear the cost of the unsuccessful shipment. This shall not apply if, by refusal of acceptance, the customer exercises his right of withdrawal, if he is not responsible for the circumstance which led to the impossibility of service, or if he was temporarily prevented from accepting the service offered, unless: Vivere had given him a reasonable period of notice.

8.5 If the ordered product is temporarily unavailable, Vivere informs the customer of the new expected delivery date. If the new delivery period is not reasonable for the customer, he has the right to withdraw from the contract. In case of permanent unavailability Vivere undertakes to inform the customer immediately. In this case, both parties are entitled to withdraw from the contract. Vivere is obliged in this case to reimburse payments made without delay.




9. Customs duties

9.1.When the customer orders products from Vivere for delivery outside the EU, they may be subject to import duties and taxes levied as soon as the package reaches its destination. Any additional charges for customs clearance must be borne by the customer; Vivere has no influence on these charges. Customs arrangements differ widely from country to country, so the customer should contact his local customs authority for more information.

9.2 The customer is regarded as an importer of Vivere's orders and must comply with all the laws and regulations of the country where he receives the products. Cross-border supplies shall be opened and examined by customs authorities.




10. Liability for defects

10.1.Legal liability shall apply.

10.2 If Vivere has completed the replacement, the customer is obliged to return the first delivered product to Vivere within thirty days at the expense of Vivere. The return of the defective goods shall be carried out in accordance with the legal provisions. Vivere reserves the right to claim damages under the statutory conditions.




11. Limitation of liability

11.1. The liability of Vivere is limited as follows: Vivere is liable only for damages where the cause of the damage is based on an intentional or grossly negligent breach of duty by Vivere or one of its legal representatives or agents.

11.2 Vivere shall also be liable for the slight negligent breach of essential obligations which jeopardise the attainment of the purpose of the contract, or for the breach of obligations the performance of which jeopardises the proper performance of the contract, in particular the transfer of the goods and the acquisition of property, in general; first made possible and the customer relies on their compliance on a regular basis. However, in the latter case Vivere is only liable for the foreseeable typical contractual damage. Vivere shall not be liable for any negligent breach of any obligations other than those set out in the preceding paragraphs.

11.3.The above limitations on liability shall not apply to injury to life, body and health, to a defect after taking over a guarantee of the nature of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.




12. Applicable law

12.1.All legal relations of the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods.

12.2.However, this choice of law shall apply only in so far as the protection granted is not deprived by mandatory provisions of the law of the State in which the consumer is habitually resident.

Revocation

Withdrawal

You have the right to withdraw from this Treaty within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a third party designated by you, other than the carrier, took possession of the goods or hat. In the case of a contract for several goods which you have ordered und er a single order and which are delivered separately, the withdrawal period shall begin on the day on which you or a third party designated by you, other than the carrier, took possession of the last goods or hat.

In the case of a contract for the supply of goods in several subconsignments or pieces, the withdrawal period shall begin on the day on which you or a third party designated by you, other than the carrier, have taken possession of the last subconsignment or piece; or hat.

To exercise your right of withdrawal, you must

Vive GmbH,

Wired road 20

Email:Customer supportlive.

inform by means of a clear statement (e.g. a letter, fax or e-mail) of your decision to revoke this contract. You may use the attached model withdrawal form, but this is not required.

In order to respect the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we will have paid you all the payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the most advantageous standard delivery offered by us), repay immediately and no later than fourteen days from the date on which your notice of withdrawal of this contract was received from us. For this refund, we use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged fees for this refund.

We may refuse repayment until we have recovered the goods or until you have provided proof that you have returned the goods, whichever is the earlier date. You must return or hand over the goods to Vivere GmbH, Dratelnstrasse 20, 21109 Hamburg, without delay and in any case within fourteen days of the date on which you inform us of the withdrawal of this contract. The period shall be respected if you send the goods before the expiry of the fourteen-day period.

They shall bear the direct cost of returning the goods.

They shall be liable for any loss in the value of the goods only if such loss in value is due to a treatment which is not necessary for the examination of the nature, characteristics and functioning of the goods.

Model for the withdrawal form

Model

(If you wish to withdraw the contract, please fill in this form

and send it back.)

A

Vive GmbH,

Wired road 20

21109 Hamburg

Email:customersupport EUlive.

  • I hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

  • Ordered at (*)/received at (*)

  • Name of consumer(s)

  • Address of the consumer(s)

  • Signature of the consumer(s) (only on paper)

  • Date

_______________

(*)

Delete as applicable