General Terms and Conditions of Business
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§ 1 Basic Provisions
(1) The following general terms and conditions apply to all contracts and bilateral agreements between Pelzhaus Kreiten e.K., Gereonsplatz 20-21, 41747 Viersen, Germany – subsequently named vendor – and the customer that are concluded via the vendor’s webpage www.vapami.com. As far as there are no other mutual agreements, other requirements by the customer will be refuted.
(2) According to the following regulations any natural person that concludes a contract for a purpose that has neither to do with their commercial nor with their self-employed occupation represents a general consumer. An entrepreneur is any natural or legal person, or any legally responsible partnership, which acts out of their self-employed or commercial occupation when concluding a contract.
(3) The contract language is German. The vendor will not store the entire text of the contract. Before dispatching an order via the shopping basket system it is possible to save it electronically or to print the contract using the browser’s print function. As soon as the order has reached the vendor, ordering data, information on distance contracts required by law, and the general terms and conditions will be sent to the customer via email.
In case of enquiries over the phone, via letters, or via email, the customer will receive an email including all ordering data in the context of a binding offer that can be printed out or saved electronically.
§ 2 Object of Agreement
The object of the contract is the sale of goods. All details and essential features of the goods can be found in the product descriptions and in additional statements on the vendor’s webpage.
§ 3 Contract Formation
(1) The vendor’s product presentation on the Internet is tentative and not a binding offer that leads to the conclusion of a contract.
(2) The customer can make a binding offer of purchase (order) via the online shopping basket system. All goods the customer wants to purchase have to be put into the shopping basket. By using the corresponding button the customer is able to call up the “shopping cart” and to change single options at any time. After calling up the page “checkout”, entering the required personal data, the method of payment, and the shipping terms, all data can be reviewed, checked and changed if necessary (even via the “back” function of the browser), or the purchase can be cancelled. By dispatching the order using the button “buy” the customer makes a binding offer to the vendor. The customer will receive an automatically generated email to confirm the order’s receipt which is still not the completion of a contract.
(3) The offer’s acceptance (und thus the conclusion of the contract) follows within 2 days in the form of a textual confirmation (e.g. an email) that attests the execution or delivery of the goods (order confirmation). In case the customer does not receive any such notice within this period of time, he is no longer contracted to his order. If any payments have been made to this point already, they will be refunded.
(4) The customer’s inquiry outside the online shopping basket system, but on the telephone, via email, or in written form concerning the preparation of an offer or an order are nonbinding for the customer. For this purpose the vendor makes a binding offer in textual form (e.g. via email) which the customer may then accept within 5 days.
(5) The order’s handling and the transmission of all relevant data that has to do with contract formation is made via email and is partly automatized. The customer has to ensure that the email address forwarded to the vendor is correct and that email receipt is possible and especially not prevented by spam filters.
§ 4 Prices, Delivery charges
(1) The prices presented for all products and the delivery charges are final prices. They include all price components and all potential taxes. In case of delivery to a non-EU country, additional customs duties, taxes, or fees may have to be paid by the customer not to the vendor, but to the responsible authorities in the respective country. The customer is recommended to find out about the order’s details by contacting customs and revenue authorities.
(2) Delivery charges are not included into the buying price. They are available on the page “Shipping & Returns”, are separately listed during the ordering procedure, and have to be paid additionally by the customer unless free shipping is guaranteed beforehand.
(3) The customer receives an invoice with separately listed value added tax.
$ 5 Payment and Shipping Terms
(1) The conditions for payment and shipping can be found by clicking the button “Shipping & Returns” in the navigation bar.
(2) Unless noted otherwise for the payment methods, payment claims from closed contracts are due immediately.
(3) In case of purchase on account with Klarna you will always receive the goods first and are granted a time allowed for payment of 14 days. Further information on purchase on account with Klarna and the general terms and conditions can be found on https://online.klarna.com/villkor_de.yaws?eid= &charge=2,5. The online shop charges purchase on account via Klarna with a service fee of 2,5 Euro per order. Deliveries to addresses that differ from the billing addresses are not possible.
(4) In case you make use of Klarna’s financing offers and hire-purchases you will also receive the goods first. All purchases will be gathered and listed on a bill at the end of the following month. This bill can then be paid off in certain instalments, but the entire amount may be settled up at any time. More information on the Klarna hire-purchase can be found here (https://online.klarna.com/account_de.yaws?eid=). The general terms and conditions for Klarna hire-purchase can be downloaded here (http://www.klarna.se/pdf/Vertragsbedingungen.pdf). Delivery to addresses that differ from the billing address is not possible. Klarna examines and evaluates the consumer’s data and, in case of reasonable doubt, exchanges those data with other companies and credit reference agencies (credit assessment). If the consumer’s solvency cannot be guaranteed, Klarna AB may deny the customer its own payment methods and has to advert to alternative forms of payment. Your personal data will be treated corresponding to the data privacy act and they will not be passed to third parties for advertising purposes. More information on Klarna’s data protection regulations can be found here. (http://klarna.com/pdf/Datenschutz_DE.pdf)
For more general information on Klarna please visit www.klarna.de Klarna AB, Firmen- und Körperschaftsnummer: 556737-0431
(5) If a product ordered by the customer is not available at the vendor in spite of a timely hedging transaction, the customer will be informed immediately and payments that were made in advance will be refunded instantaneously.
(6) Regardless of whether the consignment is insured or not, there is legal regulation in favour of the customer that the danger of accidental destruction and accidental impairment of the sold goods during shipment proceeds to the customer only after delivery of the goods. If the customer is an entrepreneur, shipment takes place at his own risk.
§ 6 Return Costs in the Exercise of the Cancellation Right
If the customer exercises his cancellation right in association with distance contracts, he agrees to bear the return costs as long as the article’s value does not exceed 40 Euro or, in case of a value above 40 Euro, if the customer has not yet paid the full amount or a deposit at the time of the revocation, unless the goods delivered do not correspond to the goods ordered. In all other cases the vendor bears the return costs.
§ 7 Lien, Retention of Title
(1) The right of retention can only be exercised by the customer, if the claims concern the very same contractual relationship.
(2) The goods remain property of the vendor until the customer’s complete payment.
(3) If the customer is an entrepreneur, the following additional regulations apply:
a) The vendor reserves property of the goods until all trade receivables of the current business relationship are met. Before the devolution of property, concerning goods that are subject to retention of title, the pledge of goods or chattel mortgage are non-admissible.
b) The customer is allowed to resell goods through proper business routine. In this case he assigns all claims that arise from the resale in the amount of the invoice price to the vendor accepting the assignment. In addition, the customer is authorised to the collection of depts. If he does not properly meet his payment obligations, the vendor reserves the right to collect depts on his own.
c) In case of connecting and blending goods that are subject to retention of title, the vendor purchases coproperty at the ratio of the goods’ invoice value in relation to other objects incorporated at the time of the manipulation.
d) The vendor binds himself to release securities that are due to him if and when the feasible value of the vendor’s securities exceeds the claims that are to be secured by more than 10%. The choice of the securities to be released resides with the vendor.
§ 8 Warranty
(1) The legal regulations are in force.
(2) The customer is requested to immediately check his delivery in terms of completeness, apparent defects and transport damage, and to bring complaints to the vendor’s notice as soon as possible. If the customer does not comply with this request, this will have no bearing on legal warranty claims.
(3) If the customer is an entrepreneur, the following applies in derogation from section 1:
a) The only valid information to describe the quality of the goods are the details provided by the vendor and the manufacturer’s product descriptions, but not any other kind of advertising, public blurbs and utterances by the manufacturer.
b) The customer is obligated to immediately check the ordered goods with utmost care for deviation of quality and quantity and to report apparent defects to the vendor in textual form within 7 days after receiving them. For the keeping of the term timely dispatch is sufficient. This does also apply for latent defects from the moment of their discovery. If the duty to check the delivered goods and to inform the vendor in case of apparent or latent defects is neglected, warranty claims cannot be asserted.
c) In case of deficiencies the vendor is free to choose to warrant either by rework or by replacement. If the removal of defects fails twice, the customer may choose between the reduction of costs or withdrawing from the contract. In the case of rework the vendor is not obligated to bear the increased costs that arise from the goods’ shipment to a location differing from the place of fulfilment as long as this shipment does not correspond to the goods’ intended use.
d) The warranty period amounts to one year after the delivery of the goods. A shortened warranty period does not apply for damages caused by the vendor like injury to life, body or health, and damages caused recklessly, deliberately or by fraud, as well as in case of the right of recourse according to §§ 478, 479 BGB.
§ 9 Liability
(1) The vendor will be fully liable for any damages related to injury to life, body or health, for any cases of malice and gross negligence, for guilefully concealment of defects, for acceptance of guarantee concerning the condition of the goods, for damages according to the product liability law, and in all other cases regulated by the law.
(2) As far as fundamental contractual obligations are concerned, the vendor’s liability for slight negligence is restricted to foreseeable damages typical for the contract. These contractual obligations are obligations that arise from the contract’s nature and whose violation would jeopardise achieving the purpose of the contract, and obligations which the contract imposes on the vendor to achieve the purpose of the contract. Proper performance of these duties renders the contract possible and the customer may bank on its adherence.
(3) If unessential fundamental contractual obligations are violated, liability for slight negligence is excluded.
(4) State-of-the-art data communication via Internet cannot guarantee to be flawless or available at any time. The vendor is not responsible for constant and uninterrupted availability of the web page and all included services.
§ 10 Freedom of Choice, Place of Fulfilment, Place of Jurisdiction
(1) Only German law is valid. This choice of law and jurisdiction applies only to customers, if the customer is not stripped of protection that is granted due to compelling legal determinations of the country where the customer usually resides (Günstigkeitsprinzip).
(2) The place of fulfilment for all goods and services that arise from business relations with the vendor as well as the place of jurisdiction is the vendor’s place of business, but only if the customer is not a consumer but a merchant, a legal person of public law, or a corporation under public law. The same applies, if the customer does not own a general venue in Germany or the EU, or if his place of residence or habitual residence is unknown at the time of the commencement of proceedings. Here, the permission to invoke the courts at another legal place of jurisdiction remains untouched.
(3) The provisions of UN sale of goods law do explicitly not apply.
§ 11 Youth Protection
(1) For the sale of goods that require regulations according to the law for the protection of children and youth the vendor will only begin contractual relationships with customers of full age.
(2) By dispatching an order the customer assures the vendor that he is at least 18 years old and that all provided information relating to his name and address are true. The customer is obligated to ensure that delivery is either taken by himself or by another person of legal age. The vendor instructs the respective third-party logistics provider to hand the delivery only to persons of full age and to demand the accepting person’s ID card in case of doubt.
(3) If underage persons order goods, the vendor hereby cancels the contract forehandedly according to § 109 BGB. The persons who are entitled to custody or are authorised to represent the respective underage persons who order goods using false information are liable for them according to the legal regulations and for all damages resulting to the vendor.
These general terms and conditions of business were created by jurists primarily specialising in information technology law and are checked for legal conformity regularly. The Händlerbund Management AG guarantees the texts’ legal compliance and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
These terms and conditions in English are only conscientious translations of the German terms and conditions (AGB) and may contain mistranslations that do not entirely convey the original meaning. Therefore, only the German AGB are legally binding.