Terms & Conditions

Terms & Conditions

General Terms and Conditions of Business (Version 1; 08 July 2018)
- Updated privacy session(s)

§ 1. General

VicNic GmbH, Neumann-Reichardt-Straße 27–33, 22041 Hamburg, managing director: Nicklas Westphal, phone: +49 (0) 40671 09012, info@vicnic.com (hereinafter “VicNic” or “we”), operates an online shop at the internet address www.VicNic.com (the “Website”). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr. We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

§ 2. Contracts

2.1. The language available for contracts is English

2.2. The presentation of products on our Website does not constitute any offer by VicNic for a purchase contract.

2.3. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “complete order”.

2.4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.

2.5. A purchase contract between you and VicNic will become effective only after we have accepted the offer by dispatching the goods ordered.

2.6. VicNic has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

§ 3. Cancellation Policy 

The cancellation policy applies solely to consumers under 13. of the German Civil Code of Law. Due to both customs regulations and shipping costs, we cannot issue replacements or accept returns on items shipped to addresses outside Germany.

3.1. You may repeal your contract of purchase within 14 days without having to state reasons. Provided that the product(s) is not one of the non-returnable items, and the product(s) is unopened, unused and in original situation. 

The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

To administer your right to cancel your order, you have to inform VicNic at  customercare@vicnic.com, by sending us an explicit written declaration stating that you are repealing your contract of purchase. It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.

3.2. Goods on which a change of mind return is not available. Return of goods from the following categories and types of goods is not accepted under the change of mind returns policy under any circumstances:

• Vitamins and health supplements;

• Personalised items or goods which have been made to your specification;

• Goods which are liable to deteriorate or expire rapidly (including food);

• Goods which have been mixed inseparably with other items after delivery;

• Sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery, such as unsealed beauty product, deodorant, and nutritional supplements

3.3. If you repeal your contract of purchase, in the case of refund, we are obligated to refund the payment of the purchase of goods that we have received from you or exchange goods, excluding initial and new shipping costs, additional shipping costs that result from choosing a different shipping option, and incurred duties and taxes, immediately and within 14 days at most, effective the day that we receive your repeal. The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.

In the case of exchange, the new goods will be sent to you within 14 days of receiving the original goods. Both new and initial delivery cost, any incurred duties and tax, will be at your expense.

We reserve the right to withhold the reimbursement until we have received the returned items. The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. All return shipments are at your expense. You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

§ 4. Prices; product presentation; availability; promotion code

4.1. The prices stated on our Website www.vicnic.com at the time of your order apply.

4.2. The goods offered at www.vicnic.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered. The goods are produced and developed by third party suppliers, they may regularly add and delete ingredients or change the formula. It is possible that in some cases stated ingredients on VicNic.com are different from the good that are dispatched. It is also possible that in some cases previous product versions with different declaration of ingredients can be found on the website.

4.3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.

4.4. Promotion Code

4.4.1. Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website. To determine the validity period, please refer to the document which contains the promotion code.

4.4.2. Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of VicNic, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.

4.4.3. VicNic reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by us in the case of cancelling or blocking the promotion code.

4.4.4. Return policy for orders purchased using a promotion code:

If you make use of legal right of return, you will be reimbursed only for the amount that you have actually paid, i.e. excluding the amount of payment that equals to the amount of the promotional code. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. Please note that promotion codes from sales campaigns cannot be replaced or refunded.

§ 5. Storage of contract data

We store your order data. You will receive an email order confirmation stating all details entered after the transaction is completed. If you wish to print your order, you may do so by printing out this confirmation email.

§ 6 Shipping & dispatch

6.1. VicNic employs delivery and logistics from DHL, Deutsche Post, Post NL or one of our partnered logistic companies. Delivering an logistics services are therefore bond with the terms & conditions of the above mentioned companies. VicNic is not responsible for these companies services. 

6.2. The goods will be ready for dispatch within one to four working days after the date of your order. Unless agreed otherwise, delivery will be made within 2 to 45 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. 

6.3. International Deliveries. Based on experience, deliveries to countries liable to customs duties take 6 to 45 business days. The product prices as indicated are exclusive of customs and duties. Please note that all import sales taxes, customs duties and handling charges are charged separately for each country. For any questions about taxes and duties in your country, please e-mail to us at customercare@vicnic.com. Please note that you will be responsible for any banking charges as may be incurred in foreign countries.

6.4. In case of a return, customs duties, import sales taxes and handling charges, will not be refunded.

6.5. Restricted items and Customs seizure. Due to customers’ country’s import regulations, some products may be restricted for import. While the VicNic team works hard to prevent products from shipping to countries where categories or ingredients are problematic or prohibited, we cannot guarantee that our restriction information is always up to date. As these regulations change constantly, it is the customer’s responsibility to check with the local authorities for information on regulations that may affect their ability to receive their order. We cannot issue a refund of any kind for orders seized or destroyed by Customs unless the order is returned back to our fulfillment center in an undamaged and resalable condition. A refund will be issued for the cost of the merchandise only; shipping costs cannot be reimbursed. Customs fees may apply. Please note that if the cost to return a rejected package to our fulfillment center exceeds the value of the order, we’ll instruct the courier to destroy the package and a refund will not be issued.

6.6. Lost orders. Delivery time frames are estimates only and do not take into account weekends, holidays, or processing and packing times (please allow one to four working days for packing). International orders may take up to 60 days to clear customs, depending upon delivery method and government procedures. An international order will not be considered “lost” until 60 days after shipment date. We are unable to process claims until this 60-day period has passed. Please note that we do not offer replacements or store credits. In the event that a customer’s order has been lost, the customer must report it as lost to us within 90 days of date of purchase. Customers must contact us by email or contact form to discuss the options.

6.7. Customer Refusal. We are not able to offer refunds on products that are refused for any reason. In addition, if VicNic is billed for the cost of the return shipment due to your refusal, you may be responsible for that cost, too.

6.8. Address errors. We cannot change a customers’ delivery address after an order has been submitted. We work directly with our shippers to help resolve address issues where possible, but we cannot be held responsible for any delays, fees, or other delivery issues if the customers’ address was incorrectly entered at checkout. If such an error causes an order to be rejected, lost, or destroyed, we cannot issue a refund or replacement of any kind. If the error causes the order to be sent back to us, the customer is responsible for return shipping fees, and we’ll only be able to refund for the cost of merchandise. If the return delivery cost is greater than the value of the merchandise, VicNic will inform the carrier to abandon the package and no refund will be issued.

§ 7 Payment; default in payment; setoff; right of retention

7.1. Accepted methods of payment in Germany include: Visa Card, Master CardPayPal.

7.2. Accepted methods of payment outside Germany include: Visa Card, Master CardPayPal, WeChatPay, Alipay, UnionPay

7.3. Payment using a promotion code

7.3.1. When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on “apply” in the checkout. If the order amount exceeds the promotion code balance, please select a payment method with which you wish to cover the amount remaining.

§ 8. Set-off

The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.

§ 9. Right of retention for commercial transactions

In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.

9.1. Retention of title. The goods delivered remain property of VicNic until full payment has been made.

§ 10. Inquiries, complaints

For any inquiries about your order or complaints, please contact our Customer Care Team:

email: customercare@vicnic.com, phone: +49 (0) 40 67 10 90-12, fax: +49 (0) 40 67 10 90-29

§ 11. Liability

11.1. You agree that the use of the Website is at your sole risk. The Website and the materials contained herein are provided on an “As is” and “As available” basis, except as otherwise expressly provided in this agreement. VicNic and other affiliated companies and their respective officers, directors, employees and other representatives, successors and assigns of any of them (collectively, “VicNic entities”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

11.2. VicNic entities make no warranty that the Website will meet your requirements, the Website will be timely, secure, error free or uninterrupted, the results obtained from the Website will be accurate or reliable, the quality of any products, services, information or other material obtained by you through the Website will meet your expectations and any Website errors will be corrected. Any material downloaded or otherwise obtained through the Website is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any material. No information obtained by you from VicNic entities or through the Website shall create any warranty not expressly stated in this agreement.

11.3 All products and services purchased through the Website are subject only to any applicable warranties of their respective manufacturers, distributors or suppliers, if any. To the fullest extent permissible by applicable law, VicNic entities disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the products and services listed or purchased on the Website. Without limiting the generality of the foregoing, the VicNic entities expressly disclaim all liability for product defect or failure, claims attributable to normal wear, product misuse or modification, abuse, incorrect product selection and not following printed directions.

11.4. To the maximum extent permitted by applicable law, in no event shall VicNic entities be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Website, including any liability as a publisher of information, reseller of any products or services, for any defective products, for any incorrect information or inaccurate information, for any unauthorized access to or disclosure of your transmissions or data, for statements or conduct of any third party on the Website or for any other matter relating to the Website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if VicNic entities are advised of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the arrangement between VicNic and you. The products, information and services offered on and through the Website would not be provided without such limitations. Notwithstanding the foregoing, the sole and entire maximum liability of VicNic entities for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from VicNic on the Website.

11.5. If you are dissatisfied with any portion of the Website, or with any of the terms of use contained in this agreement, your sole and exclusive remedy is to discontinue using the Website.

§ 12. Not Healthcare Advice

12.1. The products and claims made about specific products on or through the Website have not been evaluated by the European Medicines Agency and are not approved to diagnose, treat, cure or prevent disease.

12.2. The Website is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Website, including information that may be provided on the Website directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

12.3. Information provided on the Website and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Website including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Website does not recommend self-management of health issues. Information on the Website is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Website.

Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.

12.4. You should not use the information or services on the Website to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Website by employees or Website users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the our positions or views. Product ratings by any current or previous employees or Website users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.

12.5. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.

We are not liable for any information provided on the Website with regard to recommendations regarding supplements for any health purposes. The products or claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary products are not intended to treat, prevent or cure disease. Consult with a healthcare professional before starting any diet, supplement or exercise program. We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.

§ 13. Governing law, severability

13.1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.

13.2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.

§ 14. Information regarding the online dispute resolution

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr. We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

§ 15. Legal Information about the Website

15.1.You acknowledge that all materials on the Website, including the wesbite’s design, text, graphics, sounds, pictures, software, published information and other files and the selection and arrangement thereof, (collectively, “Materials”), are governed by VicNic copyright. In any event, an operation involving duplication, distribution or public reproduction may only be carried out if revocable and untransferable authorisation has been obtained from the us in writing.

15.2 We assume no responsibility for the online contents that are linked through the use of cross-references (links), since the situation in question does not involve in-house contents. The linked sites were checked for illegal contents, and no such contents were discernible when the link was set up. The operators of the linked sites are responsible for their contents. In this regard, the supplier is not subject to any general obligation to monitor or check. However, if a violation of the law becomes known, the respective link will promptly be removed.

§ 16. Disclaimer. 

VicNic cannot be held responsible for any laws or regulations that result in Customs applying additional cost to your order, whether tax or duties, nor any related seized products or delivery delays. However, the vast majority of international shipments do not experience problems or delays, and our customers are very rarely assessed additional fees. In the event additional fees are assessed to an order, the customer’s local Customs authority will contact the customer directly. By ordering from VicNic.com, you agree to the policies stated above. VicNIc reserves the right to change these policies at any time, and we also retain the right to refuse service to any customer at our sole discretion.