General Terms and Conditions
Table of Contents
Scope of Application
Conclusion of the Contract
Right to Cancel
Right to Cancel form
Prices and Payment Conditions
Shipment and Delivery Conditions
Liablility for defects
Links and references
1) Scope of Application
1.1 These General Terms and Conditions of the company VACAV UG (haftungsbeschränkt) (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.5 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
2) Conclusion of the Contract
For the conclusion of the contract within the scope of an order in our Internet shop, the following regulations apply:
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 By placing an order, the customer submits an offer within the meaning of § 145 BGB (German Civil Code). The customer receives an automated confirmation of the receipt of the order by e-mail. For possible mistakes in the details of the assortment on our website, we will, if necessary, point out the customer separately and submit a corresponding counter offer
2.3 The customer waives the access of an acceptance declaration according to § 151 S.1 BGB. The contract with us comes about if we accept the offer of the customer within 10 days by delivery confirmation or send the ordered goods. The automatically sent confirmation of receipt of the order shall not be regarded as delivery confirmation within the meaning of this paragraph.
2.4. Since we are only assured of our services by our suppliers subject to the availability of the goods, we can only accept our service contractually if we are supplied properly. If the goods are ultimately not available after the conclusion of the contract with the purchaser or if we are unable to deliver due to force majeure, we will inform the customer immediately. If, in such a case, the Purchaser does not agree to the delivery of goods equivalent in quality and price, we reserve the right to withdraw from the contract. If we wish to withdraw, we shall exercise the right of withdrawal immediately and immediately repay all counter-payments already received by the Purchaser. Our responsibility for intent and negligence remains unaffected. An obstacle for which we are responsible shall not entitle us to rescind the contract. Any further claims of the customer remain unaffected.
2.5. We are entitled to partial deliveries as far as this is reasonable for you. Additional shipping costs only arise with express agreement.
2.6. Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
If you do not make the purchase as a commercial or independent entrepreneur but as a consumer for private purposes, you are entitled to the right of withdrawal according to the following instruction concerning revocation:
Right of revocation
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods. To exercise your right of revocation, you must contact:
VACAV UG (haftungsbeschränkt)
by means of a clear statement (for example, a letter or e-mail sent by mail) about your decision to revoke this contract. You can use the sample revocation form attached to the end of the GTC, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the refund until we have recovered the goods or until you have demonstrated that you have returned the goods, whichever is earlier. You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days. They bear the direct costs of returning the goods. They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the nature, characteristics and functioning of the goods.
End of revocation
4) Right to Cancel form
If you want to cancel the contract, please fill out this form and return it to us.
I/we (*) hereby cancel the contract that I/we entered into regarding the purchase of the following merchandise (*) / the performance of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s):
- Order number: ______________________________
- Address of the consumer(s):
- Address of the consumer(s) (only when communicated on paper):
(*) Draw a line through any items that do not apply.
5) Prices and Payment Conditions
5.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
5.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
5.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
5.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract
5.5 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe)
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
6) Shipment and Delivery Conditions
6.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
6.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client hereby exercises his/her right of cancellation, or if he/she has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
6.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
6.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
6.5 Collection by the Client is not possible for logistical reasons.
7) Liability for defects
7.1 It is guaranteed that at the time of delivery, the goods have a roughly agreed quality or is free of defects. This means that the goods are suitable for use according to the contract or are suitable for normal use and have the characteristics which are customary for things of the same type and which the customer expect us to do according to the nature of the matter and / or the announcement Can
7.2 If the purchase is a commercial transaction for both parties within the meaning of § 343 HGB, § 377 HGB shall apply.
7.3 The warranty period is 2 years for new products. The guarantee begins with the receipt of the goods by the customer. § 478 BGB remains unaffected.
7.4 In the event of a defect, you have the statutory claims arising from subsequent performance (rectification of defects or subsequent delivery). If the legal requirements are met, you also have the right to reduce the purchase price or the withdrawal.
7.5 The supplementary performance can be refused if it is only possible with disproportionate costs. The withdrawal is excluded if the defect is irrelevant.
We would like you to be satisfied with your ordered products. In case of a wrong delivery (for example wrong color, wrong goods, wrong material) we commit ourselves to a replacement delivery.
9) SETTLEMENT, RESERVATION
9.1The customer is only entitled to set off his counterclaims if they have been legally established or recognized by Blue Tomato. The customer is entitled to exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship.
The VACAV UG (haftungsbeschränkt) as the seller is liable to the customer from all contractual, contractual and legal, also delictic claims for damages and expenses as follows:
10.1 VACAV UG as the seller is liable without limitation - in case of intent or gross negligence, - in case of negligent or intentional injury to the life, body or health of persons, - on the basis of a guarantee promise, insofar as nothing else is regulated, - according to the product liability law.
10.2 If VACAV UG, as a seller, negligently violates a fundamental contractual obligation, the liability is limited to the contract-typical, forseeable damage, insofar as no liability is assumed in accordance with clause 8.1. Significant contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract at all, and upon which the customer may regularly rely.
10.3 In all other respects, the Seller's liability is excluded. 10.4 The above liability provisions shall also apply with regard to the Seller's liability for his vicarious agents and legal representatives.
11) LINKS AND REFERENCES
The links set by VACAV on other pages are only a guide to these pages; They are therefore displayed in separate browser windows by means of external links. VACAV UG does not identify itself with the content of the pages to which reference is made and accepts no liability.
12) INFORMATION REQUIREMENTS
The customer is obligated to make truthful statements when ordering. The customer is obliged to notify VACAV UG of this change without delay by altering the data provided the data of the customer change, in particular name, address, e-mail address, telephone number. If the customer fails to provide this information, or if he submits incorrect data from the outset, in particular a wrong e-mail address, VACAV UG may withdraw from the contract as long as a contract has been concluded.
The provisions of our Privacy Statement apply to data protection.
In the case of deliveries abroad, only German law applies. The application of the UN purchase law is excluded. When exporting our goods by our customers to areas outside the Federal Republic of Germany, we do not accept any liability if our proprietary rights infringe third party rights. The buyer is obliged to compensate for all damages caused by the export of our goods which were not expressly supplied by us for export. Texts, designs and objects as well as data on this website have copyright protection according to § 4 and § 87 a ff UrhG. Unauthorized editing, copying, distribution and / or public reproduction may constitute a copyright offense. This can be prosecuted and obligated to pay damages.
15) SALVATORY CLAUSE
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the contract shall remain unaffected. The ineffective or impracticable provision shall be replaced by the effective and enforceable regulation whose effects are closest to the economic objective pursued by the contracting parties with the ineffective or impracticable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
Sample Revocation Form The revocation form can be downloaded here
16) Applicable law
15.1 For all legal relations of the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
15.2 If the customer acts as a merchant, a legal person of public law or a public special fund with registered offices in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller is exclusive jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
Terms and conditions of:
VACAV UG (haftungsbeschränkt)
Amtsgericht München Aktenzeichen - HRB 230370
Managing Directors: Bendikt Luber, Lucian Berkmüller