between
DOHOBLUE LTD.
1 Trafalgar Square
London, WC2N 5BW
United Kingdom
hereinafter referred to as the Provider
and
the customer referred to in § 2 –
hereinafter referred to as the “Customer“
§ 1 Scope of Application, Definitions
These General Terms and Conditions, in the version valid at the time of ordering, apply exclusively to the business relationship between the Provider and the Customer. Deviating general terms and conditions of the Customer are not recognized, unless the Provider expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The Customer can choose products from the Provider’s range, in particular dietary supplements as well as cosmetic products, and collect them in a so-called shopping cart by clicking the “add to cart” button. By clicking on the button “order subject to payment”, the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time. However, the request can only be submitted and transmitted if the Customer accepts these contractual conditions by clicking the checkbox “accept T&Cs” and thereby includes them in his request. These General Terms and Conditions can be viewed by the Customer by clicking on the link “accept T&Cs”.
(2) The Provider then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and can be printed out using the “Print” function. The automatic confirmation of receipt merely documents that the Provider has received the Customer’s order and does not constitute acceptance of the offer. The contract is only concluded when the Provider submits a declaration of acceptance, which is sent by a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of order confirmation, content of the order and T&Cs) is sent to the Customer by us on a durable medium (e-mail or paper printout) (contract confirmation).
(3) The contract is concluded in German.
§ 3 Delivery, Availability of Goods
(1) The delivery times specified by us are calculated from the time of our order confirmation, provided that payment of the purchase price has been made in advance. If no or no different delivery time is specified for the respective goods in our online shop, it is 3 to 5 working days. If the delivery time is extended due to unexpectedly high order volumes or unexpected disruptions, the Provider will inform the Customer of this immediately in the order confirmation.
(2) If no copies of the product selected by the Customer are available at the time of the order, the Provider will inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider refrains from accepting the declaration of acceptance. In this case, no contract is concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider will also inform the Customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: The Provider only delivers to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: countries of the EU/EEA, Switzerland.
§ 4 Reservation of Title
The goods delivered remain the property of the Provider until full payment has been made.
§ 5 Prices and Shipping Costs
(1) All prices stated on the Provider’s website include the respective applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer, unless the Customer makes use of his right of withdrawal.
(3) The goods are shipped by postal service. The risk of shipping is borne by the Provider if the Customer is a consumer.
(4) In the event of a withdrawal, the Customer bears the direct costs of returning the goods.
§ 6 Payment Modalities
(1) The Customer can make the payment via Klarna, Paypal, credit card, direct debit, giropay.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, he shall pay default interest of 5 percentage points above the base rate p.a. to the Provider.
(3) The Customer’s obligation to pay interest on arrears does not preclude the Provider from asserting further damages caused by delay.
§ 7 Warranty for Material Defects, Guarantee
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). The warranty period for items delivered by the Provider to entrepreneurs is 12 months.
(2) An additional guarantee only exists for goods delivered by the Provider if this is expressly stated in the order confirmation for the respective item.
§ 8 Liability
(1) Claims of the Customer for damages are excluded. This does not apply to claims for damages of the Customer from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if such damage was simply caused by negligence, unless it concerns claims for damages by the Customer arising from injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 shall also apply to the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same applies if the Provider and the Customer have made an agreement on the quality of the goods. The provisions of the Product Liability Act remain unaffected.
§ 9 Right of Withdrawal
(1) Consumers have a statutory right of withdrawal in distance selling transactions, about which the Provider informs according to the statutory pattern as follows. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (4).
Instructions on Withdrawal Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have/has taken possession of the goods. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. |
(2) The right of withdrawal does not apply to products in a sealed package which are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery.
(3) In the event of a withdrawal or partial withdrawal of products with an addition (e.g. 2+1 free), the addition must be returned. The final purchase of the products is a condition for the addition advertised together with these products. The addition is to be returned together with the withdrawal goods to the address specified in our withdrawal instructions. You bear the costs of the return. You are only responsible for any loss in value of the addition if this loss in value is due to handling of the addition that is not necessary to examine its condition, properties and functionality. For additions in a sealed package which are not suitable for return for reasons of health protection or hygiene, we cannot take back the addition and therefore the objectively determined value of the addition must be reimbursed.
(4) The Provider informs about the sample withdrawal form according to the statutory regulations as follows:
Sample Withdrawal Form — To: service @ viaciaxx . com |
§ 10 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the Customer is habitually resident as a consumer, shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the location of the Provider.
(3) The contract shall also remain binding in its remaining parts if individual points are legally ineffective. In place of the ineffective points, the respectively applicable statutory provisions shall apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall be ineffective.
(4) Online dispute resolution platform (Article 14(1) ODR Regulation) and consumer dispute resolution (Sections 2, 36 Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. Our e-mail address is as stated in the imprint. Please note that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is always made to Klarna:
- Invoice: Payment period is [14] days from shipping of the goods or tickets/ availability date of the service. The complete terms and conditions for the markets where this payment method is available can be found here: Germany, Netherlands, Austria, Switzerland.
- Instalment purchase (powered by Klarna): With the financing service from Klarna, you can pay for your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Germany, Austria