General terms and conditions

Terms and Conditions (T&Cs)
1. Scope
1.1 These Terms and Conditions apply to all orders placed through our online shop.
1.2 Both consumers and business entities (hereinafter referred to as „customers“) can place orders. The inclusion of a customer’s own terms is hereby rejected, unless otherwise agreed.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.4 An entrepreneur is a natural or legal person or a legal partnership acting in a commercial or professional capacity when concluding a legal transaction.

2. Contractual Partner, Conclusion of Contract, Correction Options
2.1 The purchase agreement is concluded with:
viveroo GmbH
Managing Director: Winfried Büth
An der Burg 6
33154 Salzkotten
Commercial Register: AG Paderborn
HRB 10891
VAT ID: DE288076371

2.2 The presentation of products in the online shop does not constitute a legally binding offer but rather an online catalog without obligation.
2.3 You can place products in the cart without obligation and correct your entries before submitting your binding order at any time using the correction tools provided in the order process.
2.4 By clicking the order button, you place a binding order for the items in your cart.
2.5 The seller may accept the offer within five days by sending an order confirmation in text form (e.g., email), with receipt by the customer being decisive.
2.6 The acceptance period begins the day after you send the offer and ends at the end of the fifth day. If the seller does not accept the offer within this period, the offer is considered rejected and the customer is no longer bound by it.
2.7 When an order is submitted through the seller’s online form, the seller stores the contract text and sends it to the customer along with these T&Cs in text form (e.g., by email). The invoice will also be sent via email. The customer consents to receiving invoices electronically upon placing the order.
2.8 The contract language in Germany is German; in other countries, it may be either German or English.

3. Right of Withdrawal
3.1 Consumers have a 14-day right of withdrawal.
3.2 Consumers may withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the date on which you or a third party named by you (who is not the carrier) took possession of the goods. To exercise your right of withdrawal, you must notify us (poe-partner, An der Burg 6, 33154 Salzkotten, info@poe-partner.com) with a clear statement (e.g., letter or email). You may use our sample withdrawal form (available here), though it is not required. Sending the notice before the withdrawal period ends is sufficient.
3.3 If you withdraw from the contract, we will refund all payments received from you, including delivery costs (excluding additional costs for other delivery options) within 14 days of receiving your withdrawal notice. Refunds will be made using the same payment method, unless otherwise agreed. We may withhold the refund until we receive the goods back or proof of return, whichever is earlier.
3.4 You must return the goods within 14 days of notifying us of your withdrawal. Send to: poe-partner or viveroo GmbH, An der Burg 6, 33154 Salzkotten. You bear the direct cost of return shipping. You are only liable for diminished value if it results from handling not necessary to establish the nature, characteristics, and functioning of the goods.

4. Prices and Payment Terms
4.1 The prices at the time of order apply. Unless otherwise stated, prices include VAT.
4.2 Payment options are listed in the online shop.
4.3 Payments via PayPal are processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, under PayPal’s terms:
User Agreement
Non-PayPal Account Terms
4.4 For bank transfers, payment is due immediately upon contract conclusion unless a later date is agreed. Products will be shipped upon receipt of payment.
4.5 Payment is considered completed when the seller or an authorized third party can access the amount.
4.6 Refunds will be issued using the same payment method used by the customer, unless otherwise agreed. For COD (cash on delivery), refunds will be made via bank transfer.

5. Delivery, Shipping, and Transfer of Risk
5.1 Orders and deliveries are generally possible to countries listed in the shop’s country selection, provided no legal restrictions apply. For other countries, contact us.
5.2 Shipping is free within Germany.
5.3 Delivery is made to the address provided during checkout. For PayPal payments, the PayPal address at payment time is binding.
5.4 If the customer is an entrepreneur, risk passes to the customer upon delivery to the carrier. For consumers, risk passes upon delivery to the customer or an authorized recipient. Exception: if the consumer commissions the carrier and the seller was not previously named the carrier, the risk passes upon dispatch.
5.5 The seller may withdraw from the contract if self-supply fails through no fault of their own, despite due diligence. The customer will be informed promptly and reimbursed. Delivery delays caused by legal or regulatory measures (e.g., import/export restrictions) extend delivery times. If customer information is missing, delivery may be delayed accordingly.

6. Retention of Title
6.1 For consumers: ownership remains with the seller until full payment.
6.2 For entrepreneurs: ownership remains until all claims from the business relationship are settled.

7. Withdrawal Due to Financial Deterioration
The seller may withdraw from the contract if payment suspension, insolvency proceedings, or signs of financial decline become known.

8. Warranty (Liability for Defects)
8.1 Legal warranty rights apply unless stated otherwise. If a replacement is provided, the customer must return the original product within 30 days at the seller’s expense. The seller does not provide guarantees per §443 BGB unless explicitly stated. Manufacturer warranties remain unaffected. No liability for normal wear or improper use.
8.2 Business customers must inspect and report defects according to §377 HGB.
8.3 Consumers may choose between repair or replacement. If the chosen option is unreasonably costly, the other applies. Replacement with higher-quality, equivalent items is pre-approved if reasonable. Further rights (e.g., withdrawal) arise only after failed repair attempts. Consumers are encouraged (but not required) to report visible shipping damage.
8.4 Non-merchant entrepreneurs must report obvious defects within 14 days of delivery. Failure to do so excludes claims. Warranty period for entrepreneurs is one year from delivery; remedy may be repair or replacement, or credit after one year.
8.5 §§ 474–479 BGB do not apply unless part of a consumer sale chain. Reimbursement under §478 BGB is limited to 2% of the net value, and proof must be provided.
8.6 If the product is returned to the supplier or manufacturer, the customer agrees to the transfer of their contact details. Consent can be revoked by contacting info@poe-partner.de.

9. Liability
9.1 Unlimited liability for intent and gross negligence.
9.2 Liability for death, bodily harm, or health based on negligence or intent.
9.3 Liability for breach of essential contractual duties is limited to foreseeable damages.
9.4 Full liability under guarantees or mandatory laws (e.g., product liability).
9.5 No liability for data loss unless caused by intent or gross negligence and if proper backups were made.
9.6 All other liability is excluded.
9.7 No liability for lost shipments when delivery agreements (e.g., garage drop-offs) exist with the carrier.
9.8 These liability terms also apply to agents and legal representatives of the seller.

10. Use of Customer Data
10.1 Our data privacy policy (available in our shop) applies to all business data. For more info: www.poe-partner.com/datenschutz/, or contact info@poe-partner.com.

11. Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution: https://webgate.ec.europa.eu/odr/
11.2 We are neither obligated nor willing to participate in a consumer arbitration procedure.

12. Jurisdiction, Applicable Law, Severability Clause
12.1 For business clients and legal entities under public law, Paderborn is the exclusive place of jurisdiction.
12.2 German law applies exclusively. For EU consumers, mandatory consumer protection laws in their country may apply.
12.3 If individual provisions of this contract or these terms are invalid, the remaining provisions remain effective.