Terms of service
For purchase contracts concluded via the platform www.lifevaceurope.eu
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us (hereinafter "Provider", "we" or "Seller"),
LifeVac GmbH, Adlerstrasse 34, 90403 Nürnberg, Germany,
represented by the Managing Director: Mr Eric Banagan,
Local Court of Nuremberg, register number: HRB 45884,
Telephone number: +44 (0)1271 316044, Email address: customerservices@lifevaceurope.eu,
VAT identification no.: DE461964649,
and you as our customer (hereinafter "Customer", "you" or "Buyer"). The GTC apply regardless of whether the Customer is a consumer, an entrepreneur or a merchant.
(2) All agreements made between you and us in connection with the purchase contract arise in particular from these terms of sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time the contract is concluded shall apply.
(4) We do not accept differing terms of the Customer. This applies even if we do not expressly object to their inclusion.
(5) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or self-employed professional activity. An entrepreneur, by contrast, is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding the contract.
§ 2 Conclusion of contract
(1) The presentation and promotion of items in our online shop (www.lifevaceurope.eu) does not constitute a binding offer to conclude a purchase contract, but a non-binding invitation to place an order.
(2) By submitting an order via the online shop by clicking the "buy now" button, you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing it; your right under § 7, where applicable, to withdraw from your order remains unaffected.
(3) We will confirm receipt of your order placed via our online shop without delay by email. Such an email does not yet constitute binding acceptance of the order, unless acceptance is declared in it alongside confirmation of receipt.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) We are unable to accept orders for delivery abroad.
(6) Should delivery of the goods you have ordered not be possible, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case no contract is concluded. We will inform you of this without delay and refund any consideration already received without delay.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our dispatch confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). Unless a different delivery time is stated for the goods in question in our online shop, it is 2 to 3 working days.
(2) If no items of the product selected by the Customer are available at the time of the order, the Provider will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Provider will refrain from issuing a declaration of acceptance. In this case no contract is concluded.
(3) If the product specified by the Customer in the order is only temporarily unavailable, the Provider will likewise inform the Customer of this in the order confirmation.
(4) The following delivery restrictions apply: the Provider delivers only to customers who have their habitual residence (billing address) in the following country and who can provide a delivery address in the same country: Germany.
(5) The Provider is entitled to make partial deliveries where this is reasonable.
§ 4 Prices and shipping costs
(1) All prices stated in our online shop are gross prices including statutory VAT and are subject to any applicable shipping costs.
(2) Shipping costs are stated in our price information in the online shop. The price including VAT and any applicable shipping costs is also displayed in the order form before you submit your order.
(3) If we fulfil your order by partial deliveries pursuant to § 3 (5), you will incur shipping costs only for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively withdraw from your contractual declaration pursuant to § 7, you may, subject to the statutory conditions, request reimbursement of costs already paid for delivery to you (outbound delivery costs) (see § 7 (3) regarding other consequences of withdrawal).
§ 5 Payment terms, set-off and right of retention
(1) The purchase price and the shipping costs are due and payable immediately.
(2) We offer you the following payment methods: credit card (Visa, Mastercard, American Express), Shop Pay, Apple Pay and Google Pay. Processing takes place via Shopify Payments.
Your means of payment will be charged no earlier than the time set out in paragraph 1.
(3) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
(4) As a Buyer you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of title
The goods delivered remain the property of the Provider until payment has been made in full.
§ 7 Right of withdrawal
(1) If you are a consumer (that is, a natural person who places the order for a purpose that can be attributed neither to your commercial nor to your self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If, as a consumer, you exercise your right of withdrawal under paragraph 1, you must bear the ordinary costs of returning the goods.
(3) In all other respects, the right of withdrawal is governed by the provisions set out in detail in the following withdrawal instructions:
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, took possession of the goods. If your order covers several goods that are delivered separately, the period runs from the day on which you, or a third party named by you, took possession of the last item.
To exercise your right of withdrawal, you must inform us
LifeVac GmbH, Adlerstrasse 34, 90403 Nürnberg, Germany
Telephone: +44 (0)1271 316044
Email: customerservices@lifevaceurope.eu
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, although it is not mandatory.
You may also complete and submit the model withdrawal form, or any other clear statement, electronically on our website (www.lifevaceurope.eu) or via our withdrawal portal (https://lifevaceurope.eu/pages/eu-withdrawal-form). If you use this option, we will send you confirmation of receipt of such a withdrawal without delay (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or expiry of the right of withdrawal
The right of withdrawal does not exist, or expires, in the case of contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, where their seal has been removed after delivery (§ 312g (2) no. 3 BGB). Where the seal remains unopened and intact, your right of withdrawal continues to apply in full.
The right of withdrawal furthermore does not exist in the case of distance contracts for the supply of goods that are made to the customer's specifications or are clearly personalised, that by their nature are not suitable for return, that can deteriorate rapidly, or whose expiry date would be exceeded.
– End of the withdrawal instructions –
Note on the return address: please send your declaration of withdrawal to the address of LifeVac GmbH given above. The goods themselves should be returned to: Superior Freight Service Germany GmbH, Kronprinzstraße 47–49, 40764 Langenfeld, Germany.
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and send it back.)
To:
LifeVac GmbH
Adlerstrasse 34
90403 Nürnberg
Germany
Email: customerservices@lifevaceurope.eu
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*):
_______________________________________________
Ordered on (*) / received on (*): _______________________
Name of consumer(s): _______________________
Address of consumer(s): _______________________
Signature of consumer(s) (only if this form is notified on paper): _______________________
Date: _______________________
(*) Delete as appropriate.
§ 8 Liability for defects, warranty
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period for items delivered by the Provider is 12 months.
(2) An additional guarantee exists for the goods delivered by the Provider only where this has been expressly given in the order confirmation for the item in question.
§ 9 Liability
(1) Claims of the Customer for damages are excluded. This does not apply to claims for damages by the Customer arising from injury to life, body or health, or from breach of essential contractual obligations (cardinal obligations), nor to liability for other damage based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider is liable only for the foreseeable damage typical of the contract where this was caused by simple negligence, unless the claims concern damages of the Customer arising from injury to life, body or health.
(3) The limitations in paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the Provider where claims are asserted directly against them.
(4) The limitations of liability arising from paragraphs 1 and 2 do not apply where the Provider has fraudulently concealed the defect or has given a guarantee as to the condition of the item. The same applies where the Provider and the Customer have reached an agreement on the condition of the item. The provisions of the German Product Liability Act remain unaffected.
§ 10 Product information
The Airway Clearance Device offered (LifeVac) is a medical device and does not replace medical or emergency care. Please observe the instructions for use supplied with the product.
§ 11 Copyright
We hold the copyright in all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§ 12 Data protection notice
We collect, process and use your personal data, in particular your contact details for processing your order, including your email address where you provide it to us. This is done for the purpose of performing the contract pursuant to Art. 6 (1) (b) GDPR. For details, please refer to our Privacy Policy.
§ 13 Applicable law, place of jurisdiction, final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and had your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and had your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the Seller. In all other respects, the applicable statutory provisions govern local and international jurisdiction.
(3) Dispute resolution: we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(4) The contract remains binding in its remaining parts even if individual points are legally invalid. In place of the invalid points, the statutory provisions apply where available. Where this would constitute an unreasonable hardship for one of the contracting parties, however, the contract becomes invalid as a whole.
