(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are applicable to all contracts concluded via the Vonmählen online shop between us, the
Vor dem Bardowicker Tore 49, 21339 Lüneburg
Local court Charlottenburg HRB 214901
and you as our customer. The General Terms and Conditions apply regardless whether you are a consumer or entrepreneur (hereinafter: “customer”).
(2) All agreements made between the customer and Vonmählen, in relation to the sales contract result, the sales conditions, Vonmählen order confirmation and declaration of acceptance will be governed by these general terms and conditions of sale.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) Vonmählen does not accept deviating terms and conditions of the customer, unless otherwise agreed. This shall also apply if Vonmählen does not expressly object to the inclusion.
§ 2 Conclusion of contract
(1) The presentation, product descriptions and advertising of items in our online store represent a non-binding offer by Vonmählen and invite the customer to make a binding offer.
(2) The customer may submit the binding offer via the order form in the Vonmählen online store. The customer does this at the end of the ordering process by clicking the button "order with obligation to pay" and thereby submits a binding offer to conclude a purchase contract. The customer is bound to this offer for fourteen days.
(3) Vonmählen will then send the customer an automatic order confirmation by e-mail. However, this merely confirms that the customer's offer has been received by Vonmählen and is not an acceptance of the contract.
(4) A contract shall only be concluded by Vonmählen's express acceptance of the offer from the customer in the shipping confirmation, by sending the ordered goods or by request for payment.
(5) If the delivery of the goods ordered by the customer is not possible, for example because the respective goods are not in stock, Vonmählen shall refrain from a declaration of acceptance. In this case a contract shall not be concluded. Vonmählen shall immediately inform the customer about this and immediately refund any consideration already received.
(6) Order processing and communication with the customer usually takes place via e-mail. The customer shall ensure that the e-mail address provided by him in the order form is correct and that he is able to receive the e-mails sent by Vonmählen.
(7) The conclusion of the contract is possible in German and English.
§ 3 Right of revocation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose which cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of revocation in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation according to clause 1, the return shipment within Germany is free of charge for you. Please use the return label, which you can create in the return portal. For returns from abroad, you must bear the regular costs of the return shipment.
(3) Otherwise, the provisions set out in the right of revocation will apply.
(4) Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts:
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
- Contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery,
- Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
- Contracts for the supply of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be supplied at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations on the market over which the trader has no influence,
- Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
(5) Cancellation policy
Right of Revocation
You are entitled to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date on which you, or a third party designated by you who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us [Vonmählen GmbH, Vor dem Bardowicker Tore 49, 21339 Lüneburg, Germany, telephone number: +49 4131 220 95 90, e-mail address: email@example.com] of your decision to withdraw from this contract with an explicit declaration (e.g. a letter send by post, fax or e-mail). You can use the attached sample revocation form but is not mandatory. You may also complete the form electronically and submit the withdrawal form or any other unambiguous statement on our website https://www.vonmaehlen.com/en/cancellation-policy. If you use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt.
To comply with the time limit, it is sufficient if you send notice of the exercise of the right of withdrawal before the end of the revocation period.
You can access the cancellation form here.
If you revoke this contract, we immediately have to – and at the latest within 14 days from the day on which we received the announcement of your revocation of this contract – refund all payments we received from you, including the costs of delivery, except the additional costs that were incurred if you chose a different type of delivery other than the cheapest standard delivery type offered by us. For the refund we will use the same method of payment that you used for the original transaction (unless we explicitly agreed something else with you); in no case will we charge any fees for this refund. We may withhold a refund until we have received the returned goods or until you have shown proof that you have sent back the goods, depending on which occurs first.
You must immediately (and in any case at the latest within 14 days from the day on which you informed us of the revocation of this contract) send back the goods or deliver them to us. The deadline is met if you send off the goods before the end of the revocation period of 14 days.
You shall bear the cost of return shipping.
You are only liable for any potential loss of value of the goods if this loss of value can be attributed to any non-essential handling of the goods for the testing of the quality, properties and functionality by you.
- End of the revocation instructions-
§ 4 Terms of delivery
(1) Vonmählen is only obliged to deliver the goods when the purchase price and shipping costs have been credited to one of our business accounts via the payment method the customer has chosen.
(2) Vonmählen shall be entitled to make partial deliveries insofar as this is reasonable for the customer.
(2) The delivery period results from the confirmation e-mail.
(4) Unless otherwise agreed, the goods will be delivered to the address specified.
§ 5 Prices and shipping costs
(1) All prices quoted in the Vonmählen online shop include statutory VAT but do not include shipping costs.
(2) The shipping costs are stated in our prices in the Vonmählen online shop. The price, including sales tax and shipping costs, is also displayed in the order form before you submit the order.
(3) If Vonmählen fulfils the order according to § 4 para. 2 by partial deliveries, the customer will only incur shipping costs for the first partial delivery. If the partial deliveries are made at the request of the customer, we will charge shipping costs for each partial delivery.
(4) If the customer, as a consumer, effectively revokes the contractual declaration in accordance with § 3, the customer can demand reimbursement of already paid costs for shipping to the customer (forwarding costs) under the statutory conditions (cf. to other consequences of revocation § 3 paragraph 3).
§ 6 Terms of Payment and Offsetting and Right of Retention
(1) The customer is generally obliged to pay in advance. The purchase price is due immediately upon conclusion of the purchase contract and is to be paid by the customer via the payment methods offered by Vonmählen.
(2) In the event of default on the part of the customer, interest on arrears may be demanded in the amount of the statutory interest rate. Further damages caused by default shall remain unaffected by the assertion of interest on arrears.
(3) The customer is not entitled to offset against our claims unless the customer's counterclaims have been legally established or are undisputed. Furthermore, the customer is also entitled to offset against Vonmählen's claims if the customer asserts notices of defects or counterclaims arising from the same purchase contract.
(4) The customer may only exercise a right of retention if its counterclaim arises from the same purchase contract.
§ 7 Retention of title
The delivered goods remain property of Vonmählen until the purchase price has been paid in full.
§ 8 Warranty
Vonmählen shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB (German Civil Code). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
§ 9 Liability
(1) Customer damage claims are ruled out. Unaffected, Vonmählen is liable under the statutory provisions for other damages that are based on intentional or grossly negligent breach of contract and malice by Vonmählen, Vonmählen´s legal representatives or vicarious agents.
(2) In other cases, Vonmählen is only liable - unless otherwise stipulated in Para. 3 - in the event of a breach of a contractual obligation, where the fulfilment is essential to properly carry out and the adhere to the contract which the customer may generally expect (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the liability of Vonmählen is excluded subject to the provision in para. 3.
(3) Vonmählen´s liability for damages resulting from injury to life, limb or health, which are based on a culpable breach of duty by Vonmählen, its legal representatives or vicarious agents, shall remain unaffected by the aforementioned limitations and exclusions of liability.
(4) Vonmählen is not liable for damage caused by non-compliance with technical instructions, improper or incorrect use, defective assembly or commissioning by the customer or third parties, natural wear and tear or the use of improper spare parts, unless Vonmählen is responsible for these. A warranty is excluded for these damages.
(5) Vonmählen's liability is also excluded for damages resulting from data loss or the recovery of lost data.
(6) As far as the scope of the product liability law is opened, Vonmählen is fully liable according to its regulations.
§ 10 Promotion conditions and discount vouchers
(1) Discounts or discount vouchers (e.g. a voucher with a discount code or a newsletter bonus) can only be redeemed in the online store of Vonmählen under the respective advertised promotion conditions and period.
(2) Multiple discounts and discount vouchers cannot be combined.
(3) During the promotion period, each participant may use the discount or discount voucher only once.
(4) Individual products may be excluded from the discount or discount voucher if this is noted in the respective promotion conditions.
(5) The discount granted by Vonmählen is not paid out in cash or is exchangeable for other means of payment and is also not transferable.
(6) The discount or discount voucher must be redeemed before the order is completed. Subsequent booking of the discount code is no longer possible.
§ 11 Copyrights
Vonmählen has copyrights or rights of use to all pictures, films and texts published in the Vonmählen online shop. A use of the pictures, films and texts is not permitted without the express agreement of Vonmählen.
§ 12 Electronic Communications
The customer agree that contract-related communication may take place in electronic form.
§ 13 Data processing
Vonmählen processes the data of the customer (e.g. collection and transmission of data) for the purpose of contract execution. Vonmählen adheres to the legal regulations when processing data. The customer can find out more about this in Vonmählen´s data protection declaration.
§ 14 Applicable law, place of jurisdiction and final provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and at the time of order has his habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If the customer is a merchant and has a registered office in Germany at the time the order is placed, the exclusive place of jurisdiction is the registered office of Vonmählen in Lüneburg. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Should individual provisions of this agreement be legally invalid, the remainder of the agreement shall remain binding. The ineffective points shall be replaced, if available, by the statutory provisions.
§ 15 Alternative dispute resolution
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr.
Vonmählen is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.