Terms of service

§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop for the delivery of goods between us,

Company:
Vonmählen GmbH

Address:
Vor dem Bardowicker Tore 49, 21339 Lüneburg

Managing Director:
Julian Thormählen

Registry Court:
Charlottenburg District Court HRB 214901 B

Phone Number:
+49 4131 220 95 90

E-Mail Address:
service@vonmaehlen.com

(hereinafter: “Vonmählen”)

and you as our customer.

(2) All agreements made between the customer and Vonmählen in connection with the purchase contract result in particular from these sales conditions, Vonmählen's order confirmation, and Vonmählen's acceptance declaration.

(3) The version of the GTC valid at the time of contract conclusion applies.

(4) Vonmählen does not accept deviating conditions of the customer unless otherwise agreed. This also applies if Vonmählen does not explicitly object to the inclusion.

§ 2 Conclusion of Contract

(1) The presentation, product descriptions, and advertising of items in our online shop represent a non-binding offer by Vonmählen and invite the customer to submit a binding offer.

(2) The customer can submit the binding offer via the order form in Vonmählen's online shop. This is done at the end of the ordering process by clicking the button “order with obligation to pay” and thus submits a binding offer to conclude a purchase contract. The customer is bound to the offer for fourteen days.

(3) Vonmählen then sends the customer an automatic order confirmation by email. This only confirms receipt of the customer's offer and is not acceptance of the contract.

(4) A contract is only concluded through Vonmählen’s express acceptance of the customer's offer in the shipping confirmation, by sending the ordered goods, or by requesting payment.

(5) If delivery of the goods ordered by the customer is not possible, e.g., because the goods are not in stock, Vonmählen refrains from acceptance. In this case, no contract is concluded. Vonmählen will inform the customer immediately and refund any payments received without delay.

(6) Order processing and communication with the customer usually take place by email. The customer must ensure that the email address provided in the order form is correct and that they can receive emails sent by Vonmählen.

(7) Contract conclusion is possible in German and English.

§ 3 Right of Withdrawal

(1) If you are a consumer (i.e., a natural person who places the order for purposes that are neither commercial nor self-employed professional), you have a statutory right of withdrawal.

(2) If you exercise your right of withdrawal as a consumer, the return shipment within Germany is free of charge for you. Please use the return label that you can create in the return portal. For returns from abroad, you bear the direct costs of the return shipment.

(3) Otherwise, the provisions detailed in the withdrawal instructions under para. 3 no. 5 apply.

(4) The right of withdrawal does not apply, unless otherwise agreed, to the following contracts:

• Contracts for delivery of goods not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to personal needs of the consumer,

• Contracts for delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,

• Contracts for delivery of sealed goods which are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery,

• Contracts for delivery of goods that are inseparably mixed with other goods after delivery due to their nature,

• Contracts for delivery of alcoholic beverages whose price was agreed upon at the time of contract conclusion but can only be delivered at the earliest 30 days after contract conclusion and whose current value depends on market fluctuations beyond the entrepreneur’s control,

• Contracts for delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,

• Contracts for delivery of newspapers, magazines, or illustrated magazines, except subscription contracts.

(5) Withdrawal Information

Right of withdrawal

You have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Vonmählen GmbH, Vor dem Bardowicker Tore 49, 21339 Lüneburg, phone number: +49 4131 220 95 90, email: service@vonmaehlen.com, by a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but it is not mandatory.

You may also complete and submit the model withdrawal form or another clear statement electronically on our website https://www.vonmaehlen.com/widerrufsrecht. If you do so, we will immediately send you an acknowledgment of receipt of such withdrawal (e.g., by email).

To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

[Link to withdrawal form]

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than 30 days from the day on which we receive the notification of your withdrawal. We will use the same payment method you used for the original transaction unless expressly agreed otherwise. In no event will you be charged fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.

You must return the goods without undue delay and in any event no later than 30 days from the day on which you notify us of the withdrawal. The deadline is met if you send the goods before the period of 30 days expires.

You bear the direct cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value results from handling the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

— End of withdrawal information —

§ 4 Delivery Conditions

(1) Vonmählen is only obliged to deliver the goods if the purchase price plus shipping costs have been credited to one of Vonmählen’s business accounts via the payment method chosen by the customer.

(2) Vonmählen is entitled to make partial deliveries insofar as this is reasonable for the customer.

(3) The delivery period results from the shipping confirmation.

(4) Unless otherwise agreed, delivery is made to the delivery address provided by the customer.

§ 5 Prices and Shipping Costs

(1) All prices in Vonmählen's online shop are gross prices including statutory VAT and excluding shipping costs.

(2) Shipping costs are indicated in Vonmählen’s online shop. The price including VAT and shipping costs is also displayed in the order form before the customer places the order.

(3) If Vonmählen fulfills the order by partial deliveries according to §4 para 2, shipping costs arise only for the first partial delivery. If partial deliveries are requested by the customer, shipping costs will be charged for each partial delivery.

(4) If the customer as a consumer effectively revokes the contract according to §3, the customer can, under the legal conditions, demand reimbursement of already paid shipping costs (sending costs to the customer) (see §3 para 3 for other withdrawal consequences).

§ 6 Payment Terms, Set-Off, and Right of Retention

(1) The customer is generally required to pay in advance. The purchase price is due immediately upon conclusion of the purchase contract and must be paid using the payment methods offered by Vonmählen.

(2) In case of delay by the customer, default interest at the statutory rate can be charged. Further claims for damages due to delay remain unaffected.

(3) The customer is not entitled to set-off against our claims unless the counterclaims are legally established or undisputed. The customer is also entitled to set-off against Vonmählen’s claims if the customer asserts claims for defects or counterclaims from the same purchase contract.

(4) The customer may only exercise a right of retention if their counterclaim arises from the same purchase contract.

§ 7 Retention of Title

The delivered goods remain the property of Vonmählen until full payment of the purchase price.

§ 8 Warranty

Vonmählen is liable for material or legal defects of delivered items according to applicable statutory provisions, especially §§ 434 ff. of the German Civil Code (BGB). The limitation period for statutory warranty claims is two years, starting with the delivery of the goods.

§ 9 Liability

(1) Customer claims for damages are excluded. Vonmählen remains liable under statutory provisions for other damages caused by intentional or grossly negligent breach of contract or fraud by Vonmählen, its legal representatives, or vicarious agents.

(2) In other cases, Vonmählen is only liable — unless otherwise regulated in para 3 — for breach of a contractual obligation essential for proper contract execution, on which you as a customer regularly rely (so-called cardinal obligation), limited to foreseeable, typical damage. In all other cases, liability is excluded subject to para 3.

(3) Vonmählen’s liability for damages resulting from injury to life, body, or health due to a culpable breach of duty by Vonmählen, its legal representatives, or vicarious agents remains unaffected by the limitations above.

(4) Vonmählen is not liable for damages resulting from non-compliance with technical instructions, improper or faulty use, defective assembly or commissioning by the customer or third parties, natural wear, or use of improper spare parts, unless caused by Vonmählen. Warranty is excluded for such damages.

(5) Liability for damages from data loss or recovery of lost data is excluded.

(6) If the Product Liability Act applies, Vonmählen is liable without restriction according to its provisions.

§ 10 Promotional Conditions and Discount Vouchers

(1) Discounts or discount vouchers (e.g., vouchers with discount codes or newsletter bonuses) can only be redeemed under the advertised promotional conditions and periods in Vonmählen’s online shop.

(2) Multiple discounts or vouchers cannot be combined.

(3) Each participant may only use the discount or voucher once during the promotional period.

(4) Individual products can be excluded from discounts or vouchers if noted in the promotional terms.

(5) Discounts granted by Vonmählen are not paid out in cash, not exchangeable for other payment methods, and not transferable.

(6) Discounts or vouchers must be redeemed before the order is completed. Post-order redemption is not possible.

§ 11 Copyrights

Vonmählen holds copyrights or usage rights for all images, films, and texts published in Vonmählen’s online shop. Use without express consent is prohibited.

§ 12 Electronic Communication

The customer agrees that contract-related communication may occur electronically.

§ 13 Data Processing

For contract execution purposes, Vonmählen processes customer data (e.g., collection and transmission). Vonmählen complies with statutory data protection laws. Details can be found in Vonmählen’s privacy policy.

§ 14 Applicable Law, Jurisdiction, and Final Provisions

(1) German law applies excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer residing in another country at order time, mandatory legal provisions of that country remain unaffected.

(2) If the customer is a merchant with a registered office in Germany at order time, the exclusive jurisdiction is Vonmählen’s place of business in Lüneburg. Otherwise, statutory provisions apply.

(3) Should any provision of these terms be legally invalid, the remaining provisions remain binding. Invalid provisions are replaced by statutory regulations if applicable.

§ 15 Alternative Dispute Resolution

The EU Commission has created an internet platform for online dispute resolution. This platform serves as a contact point for out-of-court resolution of disputes related to online purchase contracts. More info: http://ec.europa.eu/consumers/odr.

Vonmählen is neither willing nor obliged to participate in dispute resolution procedures before consumer arbitration boards.