Terms of service

1. scope of application

The following terms and conditions apply to all orders placed via our online shop.

2. contractual partner, conclusion of contract

The purchase contract is concluded with VIITA Holding GmbH.

By placing the products in the online store, we submit a binding offer to conclude a contract for these items. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by email.

A binding contract can also be concluded beforehand as follows:

 

• If you have chosen to pay by credit card, the contract is concluded at the time the credit card is debited
• If you have selected the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal
• If you have selected the payment method Sofortüberweisung, the contract is concluded at the time of confirmation of the payment instruction to SOFORT AG.
If you have selected the payment method prepayment, the contract is concluded at the time of receipt of payment.If you have selected the payment method invoice (only for registered Vitalmonitor partners after our activation), the contract is concluded at the time of receipt of payment.

Use of data for email advertising without newsletter registration and your right to object:

If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right to regularly send you offers for similar products to those you have already purchased from our range by e-mail. You can object to this use of your email address at any time by sending a message to the contact option described below or via a link provided for this purpose in the advertising email, without incurring any costs for you.

3. shipping costs

In addition to the stated product prices, shipping costs will be added. You can find out more about the shipping costs here.

4. payment

The following payment methods are available in our store:

Credit card

Your credit card will be charged when you complete your order.

Paypal

You pay the invoice amount via the online provider PayPal. You must always be registered there or register first, legitimize with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process.

Pre-payment

If you select the prepayment payment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.

Immediate bank transfer

We also offer instant bank transfer. We receive the transfer credit immediately. This speeds up the entire order process. All you need is your account number, sort code, PIN and TAN. Sofortüberweisung automatically sets up a transfer in your online bank account in real time via the secure payment form of Sofort AG, which is not accessible to merchants. The purchase amount is transferred immediately and directly to the merchant's bank account. If you select the Sofortüberweisung payment method, a pre-filled form will open at the end of the order process. This already contains our bank details. In addition, the transfer amount and the purpose of the transfer are already displayed in the form. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, any Internet user can use Sofortüberweisung as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note that Sofortüberweisung is not yet available at a few banks. You can find out whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/

Purchase on account

As a certified Vitalmonitor partner (Here you can find out how to become a partner), you have the option of ordering goods on account. The invoice must be paid within 10 days. The goods will be dispatched after the order is placed

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5. self-collection

You generally have the option of collecting the goods from VIITA Holding GmbH, Johann Roithner-Strasse 131, 4050 Traun, Austria during the business hours specified below: By telephone or written (office@vital-monitor.com) agreement.

6. packing station

We do not deliver to packing stations.

7. retention of title

The goods remain our property until full payment has been made.

8. transport damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to be able to assert our own claims against the carrier or transport insurance company.

9. Warranty and guarantees

The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

10. warranty and liability

10.1 VIITA Holding does not warrant that the www.vital-monitor.com platform will be available continuously, completely and error-free, or that the required software and hardware will operate error-free

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10.2 VIITA Holding does not warrant that the data transport via third-party systems, in particular the Internet or telecommunications networks, will not be tracked, recorded or falsified by third parties.

10.3 The use of the services of VIITA Holding by the User shall be exclusively at the User's own risk. This applies without restriction to

10.3.1 the use of the hardware used, including, but not limited to, (i) the respective smartphone, e.g. when using the "chest strap" function, the User's finger may be heated by pressing the photo light for a longer period of time;

10.3.2 the downloading of own and third-party content by the user; and

10.3.3 any use by the User of data created by VIITA Holding or provided by VIITA Holding . The User expressly acknowledges that such data may be inaccurate and VIITA Holding assumes no responsibility for the accuracy of such data to the extent permitted by law.

10.4 The use of any software or hardware of VIITA Holding does not replace the consultation of a specialized doctor by the User.

10.5 Furthermore, VIITA Holding shall not be liable for external links, banners or other information and advertising offers that may be placed for the User. Legal transactions concluded between the User and a third-party provider, e.g. via linked pages or banners, lead to contractual relationships exclusively between the User and the third-party provider. VIITA Holding assumes no liability for the services of third-party providers.

11. exclusion of liability

11.1 VIITA Holding shall only be liable within the scope of the existing statutory provisions, irrespective of the legal grounds (pre-contractual, contractual, non-contractual), if damage was caused by VIITA Holding through gross negligence or willful misconduct. In the event of slight negligence, VIITA Holding shall not be liable to companies and shall only be liable to consumers for injury to life, limb or health. Liability of VIITA Holding towards companies for consequential damages, mere financial losses, loss of profit, damages from third-party claims is excluded.

11.2 With the exception of the cases prescribed by law, neither VIITA Holding nor the companies affiliated with VIITA Holding shall be liable for damages that may arise from the use of content made accessible via the online and mobile offering or other types of use of the online offering. This also applies to damages that may result from errors, problems, viruses or data loss.

11.3 VIITA Holding accepts no liability whatsoever for the downloaded material or material obtained by the User as a result of using the service on the www.vital-monitor.com platform. The User shall be solely liable for any damage it may cause to its IT system or for any loss of data resulting from the downloading of any material related to the Service from the www.vital-monitor.com platform.

 

11.4 The User assumes full liability for any claim, action, judicial, extrajudicial or of any other nature, arising from or in any way related to conflicts with other Users. The User acknowledges and accepts that VIITA Holding shall under no circumstances and in no way be liable for the acts or omissions of other Users, including for any damages arising from said acts or omissions.

12. Exemption from liability by the user

12.1 The User shall indemnify VIITA Holding against all claims asserted by third parties against VIITA Holding due to an infringement of their rights by the content posted by the User within the VIITA Holding Network or by the User's other use of the applications available via the VIITA Holding Network. The User shall assume the costs of any necessary legal defense of VIITA Holding, including all court and attorney's fees in the statutory amount. This shall not apply if the infringement is not attributable to any culpable conduct on the part of the user.

12.2 The User shall be obliged to inform VIITA Holding immediately, truthfully and completely of all information available to it that is necessary for an examination of the claims and a defense in the event of a claim by third parties. Any further claims for damages by VIITA Holding against the User shall remain unaffected.

13. storage of the contract text

We do not store the text of the contract

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14. contract language

The languages available for the conclusion of the contract are German and English.

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15. intended purpose

The Vitalmonitor is a device for sports purposes, we exclude any use for medical purposes

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16. any damage

It is expressly pointed out that the data and values provided by VIITA Holding for training/treatment etc. are merely a recommendation and that undesirable reactions may occur due to physical, unknown damage. Liability for damage to health or previous damage is therefore excluded in any case.

17th ODR platform

The European Commission will soon provide a platform for online dispute resolution (ODR). The link: http://ec.europa.eu/consumers/odr/

18. revocation instruction

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.

To exercise the right to cancel, you must inform us (VIITA Holding GmbH, Johann Roithner-Strasse 131, 4050 Traun, office@vital-monitor.com, Phone: +43 7229 / 2 30 30) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

 

Consequences of the 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 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest

You must return or hand over the goods to us or to VIITA Holding GmbH, Alex Ratay, Johann Roithner-Strasse 131, A-4050 Traun / Austria immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

 

Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return this form)

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- To VIITA Holding GmbH, Johann Roithner-Strasse 131, 4050 Traun, office@vital-monitor.com

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate.