General terms and conditions (AGB) with customer information
The following terms and conditions also contain legal information on your rights according to the regulations on contracts in distance selling and in electronic business transactions.
- Offers and service descriptions
- Order process and conclusion of contract
- Prices and shipping costs
- Delivery, availability of goods
- Terms of payment
- Retention of title
- Warranty for material defects and guarantee
- Storage of the contract text
- Data protection
- Place of jurisdiction, applicable law, contractual language
1.1 For the business relationship between Vermonde GmbH, managing director: Stephanie Dreyer, Mariahilfstr. 14, 55411 Bingen (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on workdays from 9:00 a.m. to 5:00 p.m. under the telephone number +49 (0) 6721 49568-40 and by e-mail at firstname.lastname@example.org.
1.3 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. In all other respects errors are reserved.
3. Order process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the button [Add to cart]. The customer can then click on the [Continue to checkout] button within the shopping cart to complete the order process.
3.2 By clicking the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3 The seller will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer's order and does not constitute acceptance of the application. The sales contract is only concluded if the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the dispatch to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice.
3.4 If the seller allows advance payment, the contract is concluded with the provision of the bank data and payment request. If the payment is not received by the seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the seller shall withdraw from the contract with the consequence that the order is null and void and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices quoted on the Seller's website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1 Insofar as advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the customer.
5.3 Should the delivery of the goods fail through the fault of the buyer despite three attempts to deliver the goods, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.4 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
5.5 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Terms of payment
6.1 The customer can choose from the available payment methods within and before the completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. PayPal, their general terms and conditions apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The obligation of the customer to pay interest on arrears does not preclude the seller from claiming further damages caused by delay.
6.6 The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee.
8.1 The warranty is determined by legal regulations.
8.2 A guarantee only exists for the goods delivered by the seller if it has been expressly given. Customers will be informed of the guarantee conditions before the ordering process is initiated.
9.1 The following exclusions and limitations of liability shall apply to any liability of the Seller for damages, notwithstanding any other legal requirements for claims.
9.2 The seller is liable without limitation if the cause of damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1 The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer also receives a copy of the General Terms and Conditions of Business together with the revocation instruction and the notes on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
11. Data protection
11.1 The seller processes personal data of the customer for a specific purpose and in accordance with the statutory provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) will be used by the Seller for the fulfilment and execution of the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3 The customer has the right to receive, upon request and free of charge, information about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a legal obligation to retain them.
12. Place of jurisdiction, applicable law, contractual language
12.1 Place of jurisdiction and place of performance is the registered office of the seller, if the customer is a merchant, legal entity under public law or special fund under public law.
12.2 The contractual language is German.
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. We are not obliged to participate in conciliation proceedings and unfortunately cannot offer to participate in such proceedings.