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 (CardioVibe, owner Anna Scheglov) via the website cardiovibe.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in your "shopping cart." You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) 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 selections or enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 2.1 Special agreements for the rental of equipment
(1) The subject of the contract is the rental of goods.
(2) The rental agreement is concluded for a limited period of time for the rental period specified on the website and ends automatically upon expiration of the contract term without the need for notice. Upon termination of the rental agreement, the customer must return the rental item in a clean and proper condition. The customer is liable for any damage or defects to the rental item caused by them and bears the costs of repairing them. If the customer does not return the rental item after the end of the rental period, the rental period will automatically be extended by one week. The costs will be invoiced to the customer.
(3) The customer is obligated to treat the rental property carefully and protect it from damage. Should any defects or damage occur, the customer must notify the landlord immediately. The rental property may only be used for the contractually agreed purpose.
(4) Return shipping is at the lessor's expense for purchases within Germany. For purchases from other countries, the customer bears the return shipping costs.
(5) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(6) The contract is concluded via the online shopping cart system as follows:
The items you intend to rent are placed in your shopping cart. You can access the shopping cart and make changes at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) 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 selections or enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(7) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(8) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 3 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," payment processing will be carried out by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .
(2) Payment via "Mollie"
If you select a payment method offered via "Mollie", payment processing will be carried out by the payment service provider Mollie BV (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods available via "Mollie" are displayed under a correspondingly labeled button on our website and during the online ordering process. "Mollie" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "Mollie" can be found at https://www.mollie.com/de .
(3) Payment via "Stripe"
If you select a payment method offered by "Stripe," payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "Stripe" can be found at https://stripe.com/de .
(4) Payment via "easyCredit Installment Purchase"
Installment purchase is only possible for customers who are consumers according to Section 13 of the German Civil Code (BGB) and who are at least 18 years old.
have reached the age of 18.
For your purchase, the dealer, with the support of TeamBank AG Nuremberg,
Beuthener Straße 25, 90471 Nuremberg (hereinafter TeamBank AG) the installment purchase as
Another payment option is available. The retailer reserves the right to check your creditworthiness. For further details, please refer to the installment purchase privacy notice in the order process. If the installment purchase option is not available due to insufficient creditworthiness or if the retailer's sales limit has been reached, the retailer reserves the right to offer you an alternative payment option. The installment purchase agreement is concluded between you and the retailer. There is no payout; instead, with the installment purchase, you decide to pay the purchase price in monthly installments. Monthly installments are to be paid over a fixed term, whereby the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment is made. The claims arising from the use of the installment purchase option are assigned by the retailer to TeamBank AG as part of an ongoing factoring agreement. Payments can only be made to TeamBank AG with a debt-discharging effect. Apart from the general trade supervision, the retailer is not subject to supervision by any supervisory authority. You can submit complaints to the retailer by letter or email.
Installment payment via SEPA direct debit
By issuing the SEPA direct debit mandate with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified during the ordering process at the credit institution specified therein by means of a SEPA direct debit.
Move-in will take place no earlier than the date specified in the pre-notification. Move-in may take place at a later date, but at a later date.
If the purchase price is reduced between the pre-notification and the due date (e.g. through credit notes), the amount debited may differ from the amount stated in the pre-notification.
You must ensure that at the time of maturity your current account has a
Your bank is not obligated to honor the direct debit if there are insufficient funds in your current account.
If a direct debit is returned due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the closure of the current account, you will be in default even without a separate reminder, unless the returned direct debit results from a circumstance for which you are not responsible.
TeamBank AG may claim any costs charged by your bank to TeamBank AG for a returned direct debit for which you are responsible as damages, and you must reimburse them. You reserve the right to provide TeamBank AG with evidence of lesser or no damages. If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or default interest for each reminder at a rate of five percentage points above the current base interest rate of the European Central Bank.
Due to the high costs associated with a return direct debit, we ask you to use the SEPA
In these cases, in consultation with the merchant,
the reversal of the payment by retransferring the corresponding amount or by crediting it.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional provisions apply:
a) We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of title to the reserved goods, pledging or transferring them as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount, and we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of the combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed to be agreed upon as the quality of the goods, but not other advertising, public praise or statements by the manufacturer.
b) In the event of defects, we will provide warranty at our discretion through repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless otherwise indicated by the nature of the goods or the defect or other circumstances. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction does not apply:
- damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of law
(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Anna Scheglov
Hullerser Straße 22
37574 Einbeck
Germany
Phone: 05561 3191611
Email: support@cardiovibe.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf .
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear.
6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
last updated: 30.10.2023