Terms of service

1. scope of application

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2. contracting party, conclusion of contract

By placing the products in the online store we make a binding offer to conclude a contract for these articles. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order you will receive another confirmation by e-mail.

A binding contract can also be concluded previously as follows:

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

Use of data for e-mail advertising without newsletter registration and your right of objection:

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 send you regular offers by e-mail for similar products from our product range to those already purchased. You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided for this purpose in the promotional e-mail, without incurring any costs for you.

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3. shipping costs

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

4. payment

In our store the following payment methods are available to you:

credit card

Paypal

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

prepayment

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

Immediate bank transfer

We also offer instant bank transfer. In this case, we receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Using the secure payment form of Sofort AG, which is not accessible to merchants, Sofortüberweisung automatically and in real time sets a transfer in your online bank account. The purchase amount is transferred immediately and directly to the bank account of the dealer. If you choose the payment method Sofortüberweisung, a pre-filled form opens at the end of the order process. This form already contains our bank details. In addition, the transfer amount and the intended purpose 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 you entered when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. Immediately afterwards, you will receive a confirmation of the transaction. In principle, every Internet user can use the instant bank transfer as a method of payment if he has an activated online banking account with PIN/TAN procedure. Please note that at a few banks the instant bank transfer is not yet available. You can find more information about whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/

purchase on account

Here you can learn how to become a partner) you have the possibility to order goods on account. The invoice must be paid within 10 days. The goods will be shipped after the order is placed..

5. self-collection

In principle you have the possibility to pick up the goods at VIITA Holding GmbH, Johann Roithner-Strasse 131, 4050 Traun, Austria during the following business hours: By telephone or written (office@vital-monitor.com) agreement.

6. packing station

7. reservation of title 8. transport damage

If goods are delivered with obvious transport damages, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you 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 warranties 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 makes no warranty that the www.vital-monitor.com platform will be available at all times, completely and without errors, or that the necessary software and hardware will function without error.

10.2 VIITA Holding does not guarantee that 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 VIITA Holding service by the user is exclusively at the user's own risk. This shall apply without restriction to

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10.3.1 the use of the hardware used for this purpose, including but not limited to (i) the respective smartphone, e.g. when using the "chest strap" function, the user's fingers can 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 erroneous and, to the extent permitted by law, VIITA Holding does not assume any responsibility for the accuracy of such data.

10.4 The use of any software or hardware from VIITA Holding does not replace the consultation of a specialist doctor by the user.

10.5 Furthermore, VIITA Holding does not provide any guarantee for external links, banners or other information and advertising offers that can be placed for the user. Legal transactions 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. disclaimer

11.1 VIITA Holding shall only be liable within the framework of existing legal provisions, regardless of the legal grounds (pre-contractual, contractual, non-contractual), if damage has been caused by VIITA Holding , gross negligence or intent. In the event of slight negligence, VIITA Holding shall not be liable to companies and to consumers only in respect of injury to life, body or health. Any liability of VIITA Holding towards companies for consequential damage, mere financial loss, loss of profit, damage from third-party claims is excluded.

11.2 With the exception of 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 offerings or other types of use of the online offerings. This also applies to damages that may result from errors, problems, viruses or data loss.

11.3 VIITA Holding assumes no liability whatsoever for the downloaded material or for any material that the user has received as a result of using the service on the www.vital-monitor.com platform. The user alone shall be liable for any damage that it may cause to his/her computer system or for the 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 complaint, action in or out of court or any other type of action that arises from or is in any way connected with conflicts with other users. The user acknowledges and accepts that VIITA Holding shall in no circumstances and in no way be responsible for the acts or omissions of other users, including for any damage resulting from said acts or omissions.

12. release of liability by the user

VIITA Holding against all claims that third parties may assert against VIITA Holding on the grounds of an infringement of their rights by the content posted by the user within the VIITA Holding network or by 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 violation of rights is not due to any culpable conduct on the part of the user.

12.2 In the event of a claim by a third party, the user is obliged to provide VIITA Holding immediately, truthfully and completely all information available to him/her that is necessary for an examination of the claims and a defense. Any further claims for damages by VIITA Holding against the user shall remain unaffected.

13. contract text storage

14. contract language

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

15. purpose

The Vital Monitor is a device for sports purposes, we exclude its use for medical purposes.

16. possible damage

VIITA Holding for the training/treatment etc. are only a recommendation and that undesirable reactions may occur due to physical, unknown damage. Therefore, liability for damage to health or previous damage is excluded in any case.

17th OS platform

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

18. cancellation policy

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

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To comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

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If you revoke this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier

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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 case within fourteen days at the latest from the day you inform us of the revocation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period. You will bear the direct costs of returning the goods. You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functionality of the goods.

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