Terms of use / Conditions

Terms of Use

1. Online Content

The author assumes no responsibility for the topicality, correctness, completeness or quality of information provided. Liability claims against the author relating to material or immaterial nature caused by the use or disuse of the information or the use of erroneous or incomplete information are excluded, unless the author is no demonstrably intentional or grossly negligent fault.

All offers are non-binding. The author expressly reserves the right to change parts of or the entire offer without prior notice, add to, delete or cease publication temporarily or permanently.

2. References and links

With direct or indirect references to other Internet pages (so-called "links") that lie outside the responsibility of the author would be liable only in the case come into force, in which the author of the contents has knowledge and it is technically possible and reasonable would be to prevent the use of illegal content.

The author hereby expressly declares that at the time of linking, no illegal content on the pages to be identified. On the current and future design, contents or authorship of the linked / connected pages the author has no influence. Therefore, he distances himself from all contents of all linked / connected pages which were changed after linking. This statement applies to all within its own Internet links and references as well as for foreign entries in guest books, discussion forums and mailing lists. For illegal, incorrect or incomplete contents and especially for damages arising from the use or disuse of such information lies solely with the provider of the page to which reference was not the one who has linked to these pages. However, if you discover links to erroneous or unlawful content, please provide brief message by e-mail.

3. Copyright and Trademark Law

The author endeavors to respect the copyrights of the graphics, sound files, video sequences and texts, to use his own graphics, sound files, video sequences and texts or to use license-free graphics, sound files, video sequences and texts.

All mentioned and possibly protected by third parties of Internet brand names and trademarks are the provisions of applicable trademark law and the ownership rights of the respective registered owners. The mere mention does not draw the conclusion that trademarks are not protected by law!

The copyright for any material created by the author himself remains solely with the author. Any reproduction or use of graphics, audio and video clips and texts in other electronic or printed publications is not permitted without the express permission of the author.

4. No warning without previous contact

If contents or the design of individual pages or parts of this website violate the rights of third parties or statutory provisions, Lotus Vita asks, referring to § 8 Abs. 4 UWG, an adequate and sufficient explanatory and timely message without calculation.

Lotus Vita guarantees that the right to disputed passages or parts of this website to remove within a reasonable time or be adapted according to the legal requirements without the involvement of a lawyer is required from your side.
The intervention of a lawyer for a warning with high costs is therefore the protection of rights is not necessary and would be a breach of the § 13 para 5 UWG (pursuit of irrelevant goals as dominant theme of initiation - in particular the cost achievement intention as actual mainspring). As well as a breach of the representing loss mitigation.

5. Privacy

Provided that within the Internet offer the possibility to enter personal or business data (email addresses, names, addresses), the disclosure of this data by the user on a voluntary basis. The use and payment of all services offered - if technically possible, reasonable and sensible - also permitted without providing such data or by giving anonymous data or a pseudonym.
The transmitted to Lotus Vita data of the customer are stored for order fulfillment and maintenance of ongoing customer relations. Participating service providers or financial institutions obtain the data of the customer only insofar as is necessary to fulfill the contract.
Sensitive personal information such as bank account details of the customer to debit are transmitted in encrypted form to Lotus Vita and only to the extent (eg the bank) to third parties as is necessary to fulfill the order or the order.

6. Data protection Google Analytics:

"This website uses Google Analytics, a web analytics service provided by Google Inc. (" Google "). Google Analytics uses. "Cookies", text files that are stored on your computer and enable analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the US and stored there. Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other with website and internet related services. Google may also transfer this information to third parties where required by law or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, we point out that you may not be able to use all features of this website in this case. By using this site you consent to the processing of data about you by Google in the manner described above and for the purposes set out above. "

7. Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication which you were referred to on this page. If sections or individual formulations of this text are not, no longer or not completely correspond to the remaining parts of the document remain unaffected in their content and validity.


the Lotus Vita Ltd. & Co. KG (hereinafter referred to as Lotus Vita)

In Vogesenblick 3, 79206 Breisach, Germany

Tel .: +49 (0) 7664 4069 1030

§ 1 Scope and exclusivity

Between Lotus Vita and the contractual partner (customer or Lotus partner in sales) exclusively to the following terms and conditions apply in their valid at the time the order is placed. Deviating conditions of the buyer are not accepted Lotus Vita, unless Lotus Vita has expressly consented to them in writing, which applies in particular to the terms and conditions for customers and partners of Lotus in sales.

§ 2 Contract and Withdrawal

The offers and product presentation does not constitute a binding offer. Only the order by you as a customer is a binding offer pursuant to § 145 German Civil Code (BGB), which Lotus Vita can take.
Acceptance takes place in an online order by sending an order confirmation by email, phone, fax or by mail.

If the order has not yet been sent to the buyer, both the buyer and the seller, Lotus Vita Ltd. & Co KG have the right to withdraw without giving reasons from the order. Already received benefits or services are to be returned immediately by the parties.

If a supplier of Lotus Vita despite contractual obligation Lotus Vita not deliver the ordered goods, Lotus Vita is entitled to cancel an order. In this case the customer will be informed immediately that the product ordered is not available. The purchase price already paid will be refunded immediately. With writing, pressure and calculation errors on the website Lotus Vita is also entitled to withdraw.

Storage of the Contract and Account
Lotus Vita stores your order and the order data entered and sends you this both with the order confirmation as well as the order confirmation via e-mail.
You can view your order and the General Terms and Conditions of Lotus Vita before sending the order on the site www.lotus-vita.de/nutzungsbedingungen-agb addition through the order.
The General Terms and Conditions of Lotus Vita you can contribute to their security print out.
If you log in with your personal login information in the you set up account, you also have anytime access to all that were performed on Lotus Vita orders as well as full access to their personal data.

If the buyer is a merchant or a legal person is possible only with the consent of Lotus Vita a withdrawal from the purchase agreement.
If Lotus Vita already be cost by ordering or wholesale ordering a full merchant or a legal entity created by the resignation of a purchase contract, the buyer agrees to when accepting the resignation from the purchase to cover the costs already incurred for this order.

§ 3 Revocation / Withdrawal

You have the right to withdraw within fourteen days without giving a reason this contract.
The withdrawal period shall be fourteen days from the date, have taken to buy, or a representative of your third party, other than the carrier, the goods in possession of or has.
To exercise your right, you have to (Lotus Vita Ltd. & Co KG, Vogesenblick 3, 79206 Breisach, Phone 0766440691030, 0766440691039 Fax, E-mail:. Info@lotus-vita.de). By means of a clear statement (eg . a consigned by post mail, fax or email) about your decision to withdraw from this contract, inform.
You can sure use the attached model withdrawal form, but which is not compulsory.
To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the right before the expiration of the withdrawal period.

If the buyer is a merchant or a legal person, there is no right to revoke and cancel the contract.

Effects of withdrawal
If you withdraw from this contract, you will receive all payments that we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us, cheapest Standard ), without delay and at the latest within fourteen days from the date back, on which the notification has been received through your cancellation of this contract with us. For this redemption, we use the same resources and the same payment method payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees because of this repayment.

We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.

You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract to us or to hand over. The deadline is met if you send the goods before the deadline of a fortnight.

Unless otherwise vereinbahrt enter the direct cost of returning the goods.

You just have to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling.

If the buyer is a merchant or a legal person is possible only with the consent of Lotus Vita a withdrawal from the purchase agreement.
If Lotus Vita already be cost by ordering or wholesale ordering a full merchant or a legal entity created by the resignation of a sale contract, agrees to the buyer, the costs incurred to completely take over even if no goods are delivered.

End of revocation

§ 4 Delivery

Unless otherwise agreed, delivery is to the delivery address given by the customer. The details of the delivery deadlines are not binding, unless a binding delivery was up promised. The delivery is assured within Germany to the shipping costs in the purchase order made. At the conclusion of the purchase agreement are to give to the delivery by the purchaser accurate and clear information. The delivery can be done by Lotus Vita or by an appointed service company.

Can unforeseen, uncontrollable by the supplier for reasons not be adhered to an agreed date, the customer will be informed immediately and agreed to a next possible delivery.

The complete, acquisition of the products delivered in perfect condition is automatically confirmed upon delivery or self-collection by the customer with the supplier.
If the purchaser upon delivery of the products deficiencies, he has proven this immediately notify the supplier, or Lotus Vita and noted on the delivery note.
Later, undiscovered at the handover defects can only be accepted if within 5 business days of damage Lotus Vita is notified and Lotus Vita evidence of the defect within 14 days will receive (for example, by returning the defective product to Lotus Vita etc.).
If any information within 5 working days carried out at Lotus Vita or no proof of loss by the customer within 14 days is rendered demonstrably, the customer loses all rights to reimbursement, conversion or redemption.

§ 5 Due date and payment, arrears

The customer can pay the purchase price by means of payment offered in advance. Charges for delivery abroad will be provided upon request.

Should the dispatch are at the expense base, so the purchase price with creating the invoice is due immediately, unless otherwise agreed, full compensation within 14 days after invoicing.

If the buyer is in default of payment, Lotus Vita is entitled to interest at the rate of 5% pa above the announced by the German Central Bank base rate to promote. If Lotus Vita a higher default damage detectable Lotus Vita is entitled to assert this.

§ 6 Retention of title

Until full payment of all existing claims against the customer the delivered goods remain the property of Lotus Vita.

Delivers Lotus Vita goods on order to a dealer, then the dealer undertakes to store the goods as long as the property of Lotus Vita without charge until a bill of Lotus Vita created and the invoice amount has been fully compensated.

The buyer or purchaser recognizes the full ownership of Lotus Vita delivered and unpaid goods to and agrees not to sell the goods, as long as no complete Settlements has taken place and is fully liable for the period of detention for the ownership of Lotus Vita ,
However, if goods out of the ownership of Lotus Vita or even just a portion of it to be sold by the purchaser or the purchaser and the depositary of the goods, is already considered agreed that the entire proceeds of the property up to the level of Lotus Lotus Vita Vita passes, corresponding to the agreed sum of the purchase contract or the order of the information held by the purchaser and any matters directly connected with it third-party services, such as delivery costs, development costs, etc., and is balanced.

Extended Retention of Title

deemed to be agreed as soon as in goods or services exceeding a total of 500 Euro.

1. Saldo- or current account clause:

"Until all payment claims under the business relationship, including any refinancing or reverse exchange is Lotus Vita retains title to his deliveries of goods that may only be sold in the ordinary course of business."

2. manufacturer and reprocessing clause

"By processing these goods, the buyer acquires no ownership of the whole or in part the goods or services; processing charge shall be made exclusively for Lotus Vita

However, should the reservation of title expire due to any circumstances, then Lotus Vita and the buyer have already agreed that the title will pass to the goods or services with the processing on Lotus Vita, which accepts the transfer. The buyer remains bailee. "

3.Verarbeitungs- and blending clause

"When processing with still standing in foreign ownership goods Lotus Vita acquires joint ownership of the new items. The scope of this title shall follow from the ratio of the invoice value of goods delivered by Lotus Vita to the invoice value of the other goods. "

4. advance assignment

"The buyer here with the demand from the resale of the reserved goods to Lotus Vita from, and also where the goods have been processed. Does the product being processed in addition to the reserved goods Lotus Vita only those items that either the buyer owns or have been delivered but only the simple retention of title as mentioned, the buyer shall assign the entire purchase price claim to Lotus Vita. In other cases, ie when meeting the advance assignment to several suppliers, Lotus Vita is at a fraction of the claim, according to the ratio of the invoice value of his reserved goods to the invoice value of the other processed goods. "

5. Release Clause

"Lotus Vita obligated to release on demand of the buyer which he is entitled under the above provisions securities at his discretion, if the realizable value of the collateral exceeds the secured claims by more than ten percent."

6. collection authorization

"The buyer can, as long as he meets his payment obligations Lotus Vita opposite, move to revoke the debts of its own. With a suspension of payments, the filing or opening of court insolvency proceedings or composition proceedings extrajudicial, a check or bill protest or effected seizure, the right to resell or process the goods and to collect the receivable expires. Then incoming ceded accounts receivable are credited immediately to a special account. "

7. No withdrawal from the contract

"Any return of goods shall be accepted only for safety's sake; it is because, even if subsequently partial payments were permitted, no withdrawal from the contract. "

§ 7 Offsetting and right of retention

A right to offset the buyer only if his counterclaims are legally established or recognized by Lotus Vita. In addition, he is only entitled to exercise a right of retention when his counterclaim is based on the same contractual relationship.

§ 8 Warranty for defects and liability

If the goods are defective, the purchaser may, if the conditions of the following provisions are met and unless otherwise provided, supplementary charge (§ 439 BGB), withdraw from the contract (§§ 440, 323 and 326 BGB para. 5), the Purchase price decrease (§ 441 BGB), damages (§§ 440, 280, 281, 283 and 311a of the Civil Code) or reimbursement of expenses (§ 284 BGB).

So far below indicates otherwise, further claims by the purchaser are excluded. Therefore Lotus Vita is not liable for damages which have not arisen on the delivery item itself; Lotus Vita particular not liable for lost profits or other financial losses of the purchaser. Insofar as the liability of Lotus Vita is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

The above limitation shall not apply if the damage was caused by intent or gross negligence or personal injury. It also does not apply if the purchaser asserts claims based on §§ 1, 4 Product Liability Act claims because of the absence of an assured characteristic or claims for damages for non-performance in accordance with §§ 463, 480 para. 2 BGB.

If Lotus Vita negligently breached a contractual obligation, the obligation to pay damages on the typical damage is limited.

The warranty period is two years from delivery. This period is a limitation period and shall also apply to claims for compensation for consequential damages, unless tort claims are asserted.

§ 9 Conditions Wholesale

The buyer acknowledges the conditions of these GTC to supply to the first deposit.

A wholesale order is deemed accepted once a deposit is received in time. Exceeds the deposit for inputting orders would not, within a period of 14 days after the listing of Lotus Vita and or or with less than 50% of the total order a, Lotus Vita is entitled both to change the delivery date, the delivery as well as the purchase price on one side or completely rescind the purchase contract.

Only with a deposit of at least 50% for a wholesale order guarantees the delivery of goods Vita Lotus.

The goods will be shipped out secured in the cheapest way possible.
The shipping, insurance and handling costs go so far as otherwise vereinbahrt, paid by the buyer.

The deposit is a valid contract of sale is concluded shall apply in the following conditions and procedures:

1. Lotus Vita accepts the order, checks the availability of goods and cites an expected delivery date and the price of products.
2. A deposit of the order sum is paid by the buyer within 14 days to the account of Lotus Vita. With receipt of payment, a down payment on the purchase order, the range of Lotus Vita transforms into a purchase agreement. As a down payment of 50% of the total Lotus Vita guarantees the delivery date mentioned.
3. The Buyer agrees to immediately after delivery of the goods to the delivery, including the deposit, to pay a total of 80% of the total within 7 days to the account of Lotus Vita.
4. Upon receipt and inspection of the goods upon arrival at the place of delivery, the remaining 20% to be paid within 7 days to the account of Lotus Vita.

If Lotus Vita costs or disadvantages from non-performance by the buyer arise, so Lotus Vita is entitled to demand compensation for all costs incurred to change the agreement at its sole discretion, to delay the delivery of the goods or deny until full payment entirely. The buyer agrees to costs incurred by the non-performance caused to carry.

Can Lotus Vita the delivery despite fulfilled conditions of the buyer fail to comply, may be additional costs faster transport routes, for example. the extent assumed for air freight that the ongoing sale on jeweilgen location of the buyer is assured.
Excludes warranty is damage through force majeure on the Lotus Vita has no influence or accident as a transport vehicle, piracy, war, natural disasters, etc.

§ 10 Data Protection

The Lotus Vita transmitted data of the customer are stored for order fulfillment and maintenance of ongoing customer relations. Participating service providers or financial institutions obtain the data of the customer only insofar as is necessary to fulfill the contract.

§ 11 Dispute Resolution
The European Commission provides a platform for online dispute resolution ( OS ) ready , which can be found here
Consumers have the opportunity to use this platform for the settlement of their dispute.

§ 12 Final Provisions
German law applies, excluding the CISG.

If the customer is a merchant, legal entity under public law or public special assets or has no general jurisdiction in the Federal Republic of Germany, then Breisach exclusive jurisdiction for all disputes arising from the contractual relationship.

The provision of these terms and conditions or the contract of sale shall not affect the validity of the remaining provisions. In place of the ineffective provision, the statutory regulation.

Stand: January 11, 2016