General Terms and Conditions and Customer Information
by Vilmas GmbH as per 28.09.2017
§1 General / Scope
The following general terms and conditions apply to all business relationships (deliveries, services, offers and sales, etc.) between us and the customer
Customers within the definition of these general terms and conditions refers to both consumers as well as entrepreneurs. According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes that can be predominantly attributed neither to their commercial nor their independent professional activity. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership capable of holding rights which, upon conclusion of a legal transaction, acts within the course of its commercial or independent professional activity
Should the customer be a consumer, our offer is aimed exclusively at persons of full age, viz. persons who have reached the age of 18.
Customers’ deviating, conflicting or supplementary general terms and conditions, even if known, do not become part of the contract, unless the parties have agreed otherwise
§2 Conclusion of contract / Contract language / Correction of input error
The presentation of the products in the online shop is not a legally binding offer, rather an invitation to the customer to make us a binding offer. This customer’s offer can be submitted to us via letter, fax, email or in the online shop by submitting to us the articles placed in the shopping cart (clicking on the “buy!”) button. Immediately after receiving the order in the online shop, the customer will automatically receive an e-mail that documents his/her submitted offer (order). This e-mail merely confirms that the order has been received by us; a contract is not yet concluded.
A legally valid contract between the customer and us is only concluded when we accept the customer’s offer by sending a declaration of acceptance (order confirmation) in writing
(letter, fax, e-mail) within 5 days. We are also entitled to reject a customer’s offer of concluding a contract.
The contract is concluded exclusively in German.
You can correct input errors before sending your order using the technical means provided in the online shop as well as the usual functions of your keyboard / mouse. You can also cancel the process at any time by closing the browser window. By clicking on the “buy!” button you have made a binding order (offer); Input errors can not be corrected afterwards.
§3 Delivery / Prices / Shipping costs / Transfer of risk
In the case of cross-border deliveries, additional taxes and / or costs (for example: customs duties or fees) may arise in individual cases and must be paid by the customer.
As to duration of delivery, please refer to the respective item description and the delivery table.
All prices are final prices in Euro, viz. they include all price components as well as the legally required German sales tax.
In addition to the prices quoted, we charge (per order) the shipping costs specified in the respective item offer or in the shipping-and-delivery costs table.
If the goods are to be shipped to countries outside the European Union (EU), different additional costs, such as bank charges, taxes and / or customs duties, which must be borne by the customer, are added depending on the country of delivery. Further information can be found under http://auskunft.ezt-online.de/ezto/Welcome.do
Applies only to entrepreneurs: In case of a consignment purchase, the risk of accidental loss / accidental deterioration of the sold goods passes to a suitable carrier (forwarder, carrier, post, etc.) upon transfer to said carrier.
§4 Payment conditions
The customer has the option to choose between the following payment methods:
In the case of payment via immediate transfer (Sofortüberweisung) or PayPal, the customer commits to pay the purchase price plus applicable delivery and shipping costs not later than five days after receiving the payment request without deduction; Account details will be communicated along with the payment request.
In the case of a credit card payment, the customer, upon disclosure of his/her credit card data, grants Vilmas GmbH the authorization to debit the purchase price including incidental delivery and shipping costs via the relevant credit card company at the due date.
The customer can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship.
§5 Retention of title
The goods remain property of Vilmas GmbH until full payment of the purchase price.
§6 Consumer cancellation policy
If the customer is a consumer (see § 1 of these general terms and conditions), the following right of withdrawal applies.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Vilmas GmbH, Südliche Schlafergasse 17, 75180 Pforzheim, Phone: 07231 / 9761-0; Fax: 07231 / 9761-11 Email: email@example.com) by means of a clear and explicit statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, which, however, is not obligatory.
To maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.
Consequences of withdrawal
If you withdraw from this agreement, we must reimburse all payments we have received from you, including delivery charges (except for the additional costs arising from selecting a different delivery method than the cheapest standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this reimbursement, we will use the same means of payment you used in the original transaction, unless expressly otherwise agreed upon with you; In no case will you be charged repayment fees. We may refuse reimbursement until we have recovered the goods or until you have provided proof that you have returned the goods, whichever occurs first.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day deadline.
You bear the immediate costs of returning the goods.
You need only pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply according to § 312g Section 2 No. 1 BGB in contracts for the delivery of goods which are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to personal needs.
Model withdrawal form:
(Should you want to withdraw from the contract, please fill in this form and send it back.)
Firma Vilmas GmbH
After Sales Service Online Shop
Südliche Schlafergasse 17
Telefax: 07231 / 9761-10
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
(*) Delete as appropriate
§7 Information on liability for defects (warranty)
§7.a) For consumers, the statutory warranty provisions apply with the following deviation:
For used goods, the warranty period is one (1) year upon delivery of the item to the consumer. This shall not affect the statutory limitation periods of claims for reimbursement and compensation which the consumer can assert in accordance with the statutory provisions concerning defects in accordance with the following limitations of liability (§ 8).
§7.b) For entrepreneurs, the statutory warranty provisions apply with the following deviations:
The entrepreneur is obligated to immediately inspect received goods for defects and to report obvious defects within a period of 7 days upon reception of the goods in writing / by email. The same applies to hidden defects as of the discovery of the defect. In order to safeguard the notification period, the timely dispatch of the notification of defects is sufficient. Should the entrepreneur fail to provide the aforementioned notification, the goods shall be deemed approved even with regard to the defects in question.
The warranty period for new items is one (1) year from the transfer of risk; for used goods, the warranty is excluded. This shall not affect the statutory limitation periods of claims for reimbursement and compensation which the entrepreneur can assert in accordance with the statutory provisions concerning defects in accordance with the following limitations of liability (§ 8).
If the notice of defects is justified and was asserted in time, we are entitled to remedy the defect at our discretion by repair or replacement, free of charge. If the supplementary performance fails, the entrepreneur is entitled to reduce the purchase price or withdraw from the contract. Otherwise, the statutory provisions apply.
§7.c) In case of warranty, consumers as well as entrepreneurs should please contact:
Letter: Firma Vilmas GmbH, Südliche Schlafergasse, D-75180 Pforzheim,
Fax: 07231 / 9761-10, E-Mail: firstname.lastname@example.org
§8 Limitations of liability
For intent, gross negligence, personal injury (injury to life, body or health), malice, promises of guarantee, claims under the Product Liability Act and in other statutorily mandatory cases, we are liable without limitation.
For slight negligence, we are only liable if an essential obligation (cardinal obligation) was violated and the occurrence of the damage was to be prevented by the essential contractual obligation. A cardinal obligation is to be understood as an obligation, whose fulfillment makes the proper execution of the contract possible in the first place and upon which the contractual partner may regularly rely. In case of violation of a cardinal obligation, the liability is limited to the contract-typical foreseeable damage.
If the negligent breach of duty is an insignificant contractual obligation, the obligation to pay compensation is limited to the respective order value.
§9 Storage contract text
The contract text is stored with us and sent by email to the customer immediately after submitting his/her order together with the cancellation policy and the general terms and conditions. Furthermore, the customer can print out the order data immediately after submitting the order.
§10 Complaint procedure / dispute resolution
The EU Commission provides a platform for out-of-court settlements. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court of law. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/ .
Our E-Mail address: email@example.com
We strive to settle any possible disagreements arising from our contract with the customer by mutual agreement. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer our customers the participation in such a procedure.
§11 Applicable law / jurisdiction
The law of the Federal Republic of Germany applies, excluding the provisions of the UN Sales Convention. However, this choice of law only applies to the extent that the protection afforded by compulsory provisions of the state in which the consumer has his/her habitual residence is not withdrawn.
If the customer is a merchant, legal entity under public law or separate funds under public law (§ 38 ZPO) and has concluded the contract in this capacity, Nuremberg (Nürnberg) is the place of jurisdiction for all disputes arising from this contract. In addition, we reserve the right to sue the customer at another statutory place of jurisdiction.
Imprint and provider identification
Südliche Schlafergasse 17
75180 Pforzheim / Deutschland
Fon: +49(0)7231 – 9761-10
Fax: +49(0)7231 – 9761-11