Terms & Conditions
These Terms and Conditions govern access to and use of the Vitalium online store and any purchase made through it. Throughout these Terms, “Vitalium”, “we”, “us” and “our” refer to Vitalium. By using the store or placing an order, you agree to these Terms and to the policies referenced in them.
Please read these Terms carefully before using the store. If you do not agree with them, you should not use the store or place an order.
1. SCOPE
These Terms apply to all visitors and customers of the Vitalium online store. Mandatory rights granted to consumers under applicable law remain unaffected.
You must have the legal capacity required in your country to enter into a binding purchase contract. If you are purchasing on behalf of a business or another person, you confirm that you are authorised to do so.
2. PRODUCTS AND PRODUCT INFORMATION
Vitalium sells the products displayed in the online store. We make reasonable efforts to ensure that descriptions, images, prices and availability information are accurate. Colours and appearance may vary slightly depending on the device or screen used.
Product images are illustrative unless expressly stated otherwise. The characteristics and contents of each product are described on the relevant product page. Customers should read all product information, warnings and instructions before purchase and use.
Information concerning health, fitness or wellness is provided for general informational purposes and is not medical advice. Products must be used according to their instructions. If you have a medical condition, are pregnant, take medication or are unsure whether a product is suitable for you, consult a qualified healthcare professional before use.
Nothing in this section limits mandatory consumer rights or our responsibility for inaccurate or misleading product information.
3. ORDERS AND CONCLUSION OF THE CONTRACT
Products displayed in the store are an invitation to place an order. By submitting an order using the final order button at checkout, you make a binding offer to purchase the products in your cart.
After your order is submitted, you will normally receive an automatic confirmation acknowledging receipt. This acknowledgement does not by itself mean that the order has been accepted. The purchase contract is concluded when Vitalium sends a shipping confirmation or otherwise expressly accepts the order.
We may decline or cancel an order before acceptance for legitimate reasons, including unavailability, an obvious pricing or product-information error, suspected fraud, payment failure or legal restrictions. If payment has already been collected for an order that is not accepted, the amount will be refunded without undue delay.
After a contract has been concluded, it will not be changed or cancelled by Vitalium except as permitted by law or agreed with the customer.
4. PRICES AND PAYMENT
The prices shown in the store are the final product prices and include applicable taxes where required. Shipping charges and any other additional costs are displayed before the order is submitted.
Available payment methods are shown at checkout. Payments are processed securely through Shopify and the relevant payment provider. Additional terms of the chosen payment provider may apply.
You agree to provide complete and accurate billing, delivery and payment information. If payment cannot be authorised or completed, the order may not be accepted or fulfilled.
5. AVAILABILITY
All orders are subject to product availability. Placing an item in the cart does not reserve it. If a product becomes unavailable after an order is placed, Vitalium will notify the customer and refund any payment received for the unavailable product.
Vitalium may change its product range, product descriptions and prices for future orders at any time. Such changes do not affect contracts that have already been concluded.
6. SHIPPING AND DELIVERY
Vitalium delivers only to the destinations available during checkout. The available delivery methods, estimated delivery times and shipping costs are shown before the order is submitted.
Delivery times are estimates unless a binding delivery date is expressly agreed. If delivery is delayed, the customer retains all rights provided by applicable law.
For consumer purchases, the risk of accidental loss or damage generally passes to the customer when the customer, or a person designated by the customer other than the carrier, receives the goods. Ownership remains with Vitalium until the purchase price has been paid in full, to the extent permitted by law.
The customer is responsible for providing a complete and accurate delivery address. Additional costs caused by an incorrect address or an unjustified failure to accept delivery may be charged where legally permissible.
7. RIGHT OF WITHDRAWAL FOR CONSUMERS
If you are a consumer and purchase goods online, you generally have the right to withdraw from the contract within 14 calendar days without giving a reason.
The withdrawal period begins on the day after you, or a third party designated by you other than the carrier, receives the goods. If one order contains several goods delivered separately, the period begins on the day after receipt of the last item.
To exercise the right of withdrawal, you must inform Vitalium of your decision through the contact page on the store before the withdrawal period expires. You may use the model withdrawal form at the end of these Terms, but its use is not mandatory. A clear statement identifying you and the affected order is sufficient.
You must return the goods without undue delay and no later than 14 days after informing Vitalium of the withdrawal. Unless Vitalium states otherwise, you are responsible for the direct cost of returning the goods. Vitalium bears the return cost where the goods are defective, incorrect or where applicable law requires it.
If you withdraw from the entire contract, Vitalium will refund the payments received from you, including the cost of the least expensive standard delivery method offered for the order. Additional costs resulting from your choice of a more expensive delivery method are not refundable. For a partial withdrawal, original delivery costs are refunded only where required by applicable law.
Refunds will be made without undue delay and no later than 14 days after Vitalium receives your withdrawal notice. Vitalium may withhold the refund until the returned goods are received or until you provide evidence that they were sent back, whichever occurs first. Unless otherwise agreed, the refund will be made using the same payment method used for the original transaction, without additional refund fees.
You are responsible only for any diminished value caused by handling the goods beyond what is necessary to establish their nature, characteristics and functioning.
The statutory right of withdrawal does not apply where a legal exception applies, including in particular:
- goods made to the customer’s specifications or clearly personalised;
- sealed goods that are not suitable for return for health-protection or hygiene reasons if their seal was removed after delivery;
- goods that are liable to deteriorate or expire rapidly;
- goods that, after delivery, have been inseparably mixed with other items; and
- digital content supplied without a physical medium after performance has begun with the consumer’s express consent and acknowledgement that the right of withdrawal will be lost, where legally applicable.
These exceptions are interpreted in accordance with mandatory consumer law.
8. VOLUNTARY RETURNS
Any return option offered by Vitalium beyond the statutory 14-day withdrawal right is governed by the Return and Refund Policy displayed in the store. A voluntary return policy does not restrict statutory withdrawal, warranty or other consumer rights.
Returned products should be securely packaged. Customers should retain proof of dispatch until the return has been completed.
9. DEFECTIVE OR INCORRECT PRODUCTS AND LEGAL GUARANTEE
Consumers have mandatory statutory warranty rights. For goods sold to consumers in the European Economic Area, this generally includes a minimum two-year legal guarantee beginning on delivery.
If a product is defective, damaged, not as described or otherwise does not conform to the contract, contact Vitalium through the contact page and provide the order details and a description of the problem.
Subject to applicable law, the customer may initially request repair or replacement free of charge. If repair or replacement is impossible, disproportionate, refused, unsuccessful or not completed within a reasonable time, the customer may be entitled to an appropriate price reduction or termination of the contract and a refund.
The legal guarantee does not cover ordinary wear and tear, accidental damage, misuse, failure to follow product instructions or damage caused after delivery by the customer. This does not affect defects that were already present at delivery or other rights provided by law.
Any manufacturer’s commercial guarantee is additional to, and does not replace or limit, the statutory legal guarantee.
10. ACCOUNTS AND CUSTOMER INFORMATION
If you create an account, you are responsible for maintaining the confidentiality of your login details and for activity carried out through your account. You must notify Vitalium if you reasonably believe that your account has been accessed without authorisation.
Information supplied to Vitalium must be current, complete and accurate. Vitalium may suspend access to an account where reasonably necessary to protect the customer, the store or other users from fraud, misuse or security risks.
11. ACCEPTABLE USE
You may not use the store or its content:
- for an unlawful or fraudulent purpose;
- to violate the rights of Vitalium or any third party;
- to transmit malware, harmful code or disruptive material;
- to interfere with the security or operation of the store;
- to scrape, copy or exploit store content without permission, except where permitted by law;
- to submit false, misleading, abusive or unlawful content; or
- to collect or misuse another person’s personal information.
Vitalium may restrict or terminate access to the store where reasonably necessary in response to a serious breach of these Terms, unlawful activity or a security threat.
12. INTELLECTUAL PROPERTY
Unless otherwise stated, the store and its content, including text, graphics, logos, images, product presentation and design, are owned by or licensed to Vitalium and are protected by applicable intellectual-property laws.
You may use the store for personal, non-commercial shopping purposes. No content may be reproduced, distributed, modified, sold or commercially exploited without prior permission, except where permitted by law.
13. THIRD-PARTY SERVICES AND LINKS
The store may contain third-party tools, payment services or links to external websites. Third-party services are governed by their own terms and privacy policies. Vitalium is not responsible for independent third-party websites or services that it does not control. This does not exclude responsibility where Vitalium remains liable under mandatory law.
14. PERSONAL INFORMATION
The collection and processing of personal information are described in the Vitalium Privacy Policy. Cookie choices can be managed through the cookie banner or cookie-preference settings available in the store.
15. LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by fault, intentional misconduct, gross negligence, mandatory product liability, fraud or statutory consumer and warranty rights.
In all other cases, Vitalium is liable in accordance with applicable law. No provision of these Terms is intended to exclude or limit a remedy that cannot legally be excluded or limited.
16. EVENTS OUTSIDE REASONABLE CONTROL
Vitalium is not responsible for a delay caused by an event genuinely outside its reasonable control, provided that Vitalium takes reasonable steps to minimise the effects and informs affected customers where appropriate. Mandatory rights relating to delayed or failed delivery remain unaffected.
17. CHANGES TO THESE TERMS
Vitalium may update these Terms for future use of the store to reflect legal, operational or service changes. The current version will be posted on this page with the date of the latest update.
The Terms applicable when an order was placed continue to govern that order unless a change is required by law or expressly agreed with the customer.
18. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain effective. The invalid provision will be replaced by the applicable legal rule or interpreted only to the extent necessary to make it enforceable.
19. GOVERNING LAW
These Terms and contracts concluded through the store are governed by Austrian law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods, where this exclusion is legally permitted.
If you are a consumer, this choice of law does not deprive you of mandatory protections provided by the law of the country in which you normally reside. Jurisdiction is determined by mandatory applicable law.
20. CONTACT
Questions, complaints, withdrawal notices and warranty requests can be submitted to Vitalium through the contact page on the store.