General terms and conditions of business

Table of contents

  1. scope
  2. Offers and service descriptions
  3. Restriction to consumers and normal household quantities
  4. Ordering process and contract conclusion
  5. Prices and shipping costs
  6. Delivery, product availability
  7. Payment methods
  8. Retention of title
  9. Warranty for material defects and guarantee
  10. Liability
  11. Storage of the contract text
  12. Final provisions

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1. Scope and general rules and information

  1. For the business relationship between Coca Vital GbR, Zum Klostersee 17, 27442 Gnarrenburg, Germany (hereinafter “Seller”) and the customer, buyer or orderer (hereinafter collectively referred to as “Customer”), the following General Terms and Conditions apply exclusively in their version at the time of Order valid version.
  2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity
  3. Differing conditions from the customer will not be recognized unless the seller expressly agrees to their validity.
  4. Information page with information about shipping costs, delivery and delivery restrictions and the available payment methods: shipping costs, payment and delivery

2. Offers and service descriptions

  1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee.
  2. All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.

3. Restriction to consumers and normal household quantities

  1. The online shop is aimed exclusively at consumers who want to cover their personal needs for the items on offer.
  2. The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the purchased item requires the express confirmation of the seller.
  3. If a customer places an order for a quantity larger than a normal household quantity, the seller is entitled to limit the delivery quantity to normal household quantities. In this case, however, the customer has the right to withdraw from the contract completely.
  4. If a customer places an order for commercial resale, the seller is entitled to cancel the order completely.

4. Ordering process and conclusion of contract

  1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "Add to shopping cart" button. Within the shopping cart, the product selection can be changed, for example deleted. The customer can then use the button within the shopping cart Proceed to “Checkout” to complete the ordering process.
  2. Using the “Buy” button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser “back” function to return to the shopping cart or cancel the ordering process altogether. In the case of purchasing via Paypal, the customer can complete the payment process using the “Cancel and return to Coca Vital” button, return to the shopping cart and change the goods there. Necessary information is marked with an asterisk (*).
  3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends, hands over or arranges for shipment of the ordered product to the customer within four days confirmed to the customer within four days with a second email, express order confirmation or sending of the invoice.
  4. If the seller offers an online payment option (e.g. Paypal) and the customer takes advantage of this, the contract is concluded with the provision of the online payment option and a payment request to the customer.
  5. Information about purchasing on account via Klarna: In collaboration with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you purchasing on account as a payment option. When you purchase on account with Klarna, you always receive the goods first and you always have a payment deadline of 14 days. Payment is made directly to Klarna AB (publ) ( www.klarna.de ). You will receive all payment details directly from Klarna by email. Please note that purchasing on account is only available for consumers in Germany. The complete terms and conditions for purchasing on account for deliveries to Germany can be found here .
  6. If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the customer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days.

5. Prices and shipping costs

  1. All prices stated on the seller's website include the applicable statutory sales tax.
  2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the customer on a separate information page and during the ordering process.

6. Delivery, availability of goods

  1. The products will be delivered within the delivery time stated on the products or otherwise in the customer information.
  2. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
  3. If the delivery of the goods fails due to the customer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
  4. Customers will be informed about any delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
  5. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

7. Payment methods

  1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available on a separate information page.
  2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deductions.
  3. Are third-party providers commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
  4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
  5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
  6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

8. Retention of title

  1. The delivered goods remain the property of the seller until full payment has been made.

9. Warranty for material defects and guarantee

  1. The warranty is determined by legal regulations.
  2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process.

10. Liability

  1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
  2. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
  3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
  4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
  5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

11. Storage of the contract text

  1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
  2. The seller also sends the customer an order confirmation with all order details to the email address he provided. With the order confirmation, but at the latest when the goods are delivered, customers who are consumers will also receive a copy of the general terms and conditions along with cancellation instructions and information on shipping costs as well as delivery and payment conditions. If customers have created a customer account, they can view the orders they have placed in their profile area. In addition, the seller saves the contract text but does not make it accessible on the Internet.

12. Final provisions

  1. The contract language is German.
  2. European Commission platform for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/ . We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.