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Terms and Conditions with customer information
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of gift vouchers
- Applicable law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of Van-X GmbH (hereinafter referred to as “Seller”) apply to all contracts relating to the delivery of goods by a consumer or entrepreneur (hereinafter “Customer”) with the Seller in respect of Seller’s completed in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless expressly stipulated otherwise.
1.3 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. In addition, the customer may submit the offer to the seller by telephone, e-mail or online contact form.
2.3 The seller may accept the offer of the customer within five days,
by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When placing an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be called up by the customer via his password-protected user account with the corresponding login data.
2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method “PayPal Credit” (installment payment via PayPal) is selected, the seller transfers his payment claim to PayPal. Before accepting the seller’s assignment, PayPal will conduct a credit check using the submitted customer information. The seller reserves the right to refuse the customer the payment method “PayPal Credit” in case of a negative examination result. If the payment method “PayPal Credit” is approved by PayPal, the customer has to pay the invoice amount to PayPal at the conditions specified by the seller, which are communicated to him in the online shop of the seller. In this case he can only pay to PayPal with debt-discharging effect. However, the seller remains responsible in the case of assignment of claims for general customer inquiries z. For example, to the goods, delivery time, shipping, returns, complaints, revocation and send or credit.
4.7 If the payment method “Sofort” is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “Sofort”). In order to be able to pay the invoice amount “Sofort”, the customer must have a PIN / TAN online banking account enabled to participate in “Sofort”, legitimize himself during the payment process and have the payment order via “Sofort”. to confirm. The payment transaction will be carried out immediately after “Sofort” and the customer’s bank account will be debited. Further information about the “Sofort” payment method can be found on the internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment is decisive.
5.2 For goods that are delivered by forwarding, the delivery is “free curbside”, ie up to the nearest curbside to the delivery address, unless otherwise stated in the shipping information in the online shop of the seller and unless otherwise agreed.
5.3 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.4 Pickup is not possible for logistical reasons.
5.5 Vouchers will be given to the customer as follows:
– by email
6) Retention of title
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this applies to used goods: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply
for things which have been used for a structure in accordance with their usual use and which have caused its defectiveness,
for damages and reimbursement claims of the customer, as well
in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redemption of gift vouchers
8.1 Vouchers that can be purchased via the seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
8.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
8.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Only one gift certificate can be redeemed per order.
8.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
8.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be used to settle the difference.
8.7 The credit of a Gift Certificate will not be paid in cash or interest.
8.8 The gift certificate is only intended for use by the person named on it. A transfer of the gift certificate to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
9) Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
11.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but in principle is willing to do so.