Terms of service

This translation is provided for information only. The German version is legally binding.

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Brandics GmbH) via the website www.vitracosmetic.com, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions shall only be effective with our express consent.

(2) We only offer our products for purchase if you are a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of contracts with consumers is excluded.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the respective offer.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data is finally displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data is displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order. By submitting the order via the corresponding button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) You can also submit a binding contractual offer (order) by telephone, email, fax or post.
Acceptance of the offer (and thus conclusion of the contract) takes place, in the case of an order by telephone, immediately or at the latest within 5 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound by your order. In this case, any payments already made will be refunded without delay.

(5) On request, we will prepare an individual offer for you, which will be sent to you in text form and by which we will remain bound for 5 days (unless a different period is stated in the respective offer). You accept the offer by confirming it in text form.

(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Prices, terms of payment and shipping costs

(1) The prices stated in the respective offers and the shipping costs are net prices. They do not include statutory VAT.

(2) Any shipping costs incurred are not included in the purchase price; they are charged separately unless free delivery has been promised. Further details can be found under a correspondingly labelled button on our website or in the respective offer.

(3) If delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which are to be borne by you.

(4) You must bear any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

(5) The payment options available to you are shown under a correspondingly labelled button on our website or in the respective offer. Unless a different payment deadline is stated for the individual payment methods or on the invoice, payment claims arising from the concluded contract are due for payment immediately. Deduction of cash discounts is only permitted if expressly stated in the respective offer or in the invoice.

§ 4 Terms of delivery

(1) The expected delivery time is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. If you choose payment in advance by bank transfer, the goods will only be dispatched once we have received the full purchase price and the shipping costs.

(2) If, contrary to expectations, a product you have ordered is not available for a reason for which we are not responsible, despite the timely conclusion of an adequate covering transaction, you will be informed of the non-availability without delay and, in the event of withdrawal, any payments already made will be refunded without delay.

(3) Goods are shipped at your risk. If you so wish, shipment will be made with appropriate transport insurance, the costs of which are to be borne by you.

(4) Partial deliveries are permitted and may be invoiced by us separately, provided that this does not result in additional shipping costs for you.

§ 5 Warranty

(1) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

• to culpably caused damage attributable to us arising from injury to life, body or health, or to other damage caused intentionally or through gross negligence;
• insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
• to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
• to statutory rights of recourse that you have against us in connection with rights in respect of defects.

(2) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions or statements by the manufacturer.

(3) In the event of defects, we shall provide warranty, at our discretion, by rectification or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of defects shall be deemed to have failed after an unsuccessful second attempt, unless anything to the contrary results in particular from the nature of the item or the defect or from the other circumstances. In the case of rectification, we do not have to bear the increased costs resulting from the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed, pledging or transfer by way of security is not permitted.

(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

(4) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance and place of jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

II. Customer information

1. Identity of the provider

Brandics GmbH
Auelsweg 22
53797 Lohmar
Germany
Phone: 02246948990
Email: kontakt@vitracosmetic.com

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are governed by § 2 of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. We do not store the complete text of the contract. Before submitting the order or enquiry, the contract data can be printed out using the browser's print function or saved electronically.

These General Terms and Conditions and customer information were drawn up by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.