General Terms and Conditions

General Terms and Conditions

1. Scope
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and traders. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. A trader is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity. The following applies in relation to traders: if the trader uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of the contract, options for correction
The contract of sale is concluded with trivia of life Ltd., Protara Leoforos 271, Trinidad Complex, Flat 78E, 5291 Paralimni, Cyprus.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You may initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking the order button. Immediately after submitting the order, you will receive a further confirmation by email.

3. Language of the contract, storage of the contract text
The language(s) available for the conclusion of the contract: German, English, Dutch
We store the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Terms of delivery
Shipping costs may be incurred in addition to the stated product prices. Further details on any shipping costs that may apply can be found with the offers.
We deliver by dispatch only. Unfortunately, collection of the goods in person is not possible.
We only deliver to German DHL Packstations, provided that the DHL customer number has been entered (in the ‘Company’ field) and DHL has been selected as the shipping method.

5. Payment
The following payment methods are generally available in our shop:
Payment in advance: If you select payment in advance as the payment method, we will provide you with our bank details in a separate email and deliver the goods upon receipt of payment.
Credit card: You enter your credit card details during the ordering process.
Your card will be charged immediately after the order is placed.
PayPal: In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), we offer you the following payment options as PayPal services. Unless otherwise provided below, payment via PayPal does not require registration with PayPal. Further information is provided with the respective payment option and during the ordering process.
PayPal: In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal may offer further payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence over the offering of these payment methods; any further payment methods offered on an individual basis concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.
Klarna: In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (‘Klarna’), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and during the ordering process.
Klarna credit card: You enter your credit card details during the ordering process. Your card will be charged by Klarna immediately after the order is placed. No address or credit check is carried out.
Klarna direct debit: You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (so-called pre-notification). Your account will be debited after the goods have been dispatched.

6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the instructions on withdrawal. Traders are not granted a voluntary right of withdrawal.

There is no right of withdrawal for the following contracts:

• Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery (Section 312g(2) No. 3 of the German Civil Code (BGB)); this applies in particular to medicinal products and hygiene articles with a seal if the seal has been opened or removed.
• Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (Section 312g(2) No. 1 BGB).
• Contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be rapidly exceeded (Section 312g(2) No. 2 BGB).

7. Retention of title
The goods remain our property until payment has been made in full. The following additionally applies to traders: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from such resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice total, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we shall release the securities to which we are entitled insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without undue delay. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your statutory warranty rights. However, you help us to assert our own claims against the carrier or the transport insurer.
The following applies to traders: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the item over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

9. Statutory warranty rights and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory law on liability for defects applies.
The following limitations and shortened periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of an intentional or grossly negligent breach of duty as well as fraudulent intent, in the event of a breach of essential contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely (cardinal obligations), within the scope of a guarantee commitment, where agreed, or insofar as the scope of application of the German Product Liability Act (Produkthaftungsgesetz) is engaged. Limitations in relation to traders: In relation to traders, only our own statements and the manufacturer’s product descriptions which have been incorporated into the contract shall be deemed an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements. For traders, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the recourse claim under Section 445a BGB remain unaffected. Provisions in relation to merchants: Between merchants (Kaufleute), the duty to inspect and give notice of defects governed by Section 377 of the German Commercial Code (HGB) applies. If you fail to give the notice provided for therein, the goods shall be deemed approved, unless the defect was not recognisable upon inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact terms can be found with the respective product and on special information pages in the online shop.

10. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of an intentional or grossly negligent breach of duty, in the event of guarantee commitments, where agreed, or insofar as the scope of application of the German Product Liability Act is engaged. In the event of a breach of essential contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely, (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

11. Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution body.

12. Subscribe & save (recurring deliveries)
12.1 For selected products, you can take out a Subscribe & save subscription instead of making a one-off purchase. You will then receive the product regularly at the delivery interval you selected when placing your order. The available intervals are shown for each product.
12.2 With the subscription, you receive the discount stated for the product on every delivery, calculated on the price shown when you took out the subscription. The shipping costs per delivery are shown to you in the checkout before you take out the subscription.
12.3 The subscription contract is concluded with your order as described in Section 2. We dispatch the first delivery after the contract has been concluded. Each further delivery is triggered automatically at the end of the selected interval, and the amount for it is charged at that time to the payment method provided with the order. Only the payment methods offered for the subscription in the checkout are available for it.
12.4 The subscription has no minimum term and runs for an indefinite period. You can cancel it at any time without notice: yourself in your customer account under ‘Subscriptions’, via our page Cancel contracts or by email to service@vadaflexperu.com. The cancellation applies to all deliveries that have not yet been triggered when it is received. In your customer account you can also postpone or skip individual deliveries.
12.5 We may terminate the subscription by giving four weeks’ notice in text form, for example if a product is permanently discontinued. The right of both parties to terminate for good cause remains unaffected.
12.6 Your statutory right of withdrawal as described in the instructions on withdrawal remains unaffected.