General Terms and Conditions of Business of VIA GmbH
1 Scope of application, client information
The deliveries, services and offers of VIA GmbH (hereinafter referred to as "Contractor") are made exclusively on the basis of these terms and conditions. These shall apply to all contracts concluded by the Contractor with the contracting entities (consumers, contractors) about the goods or services offered by the Contractor.
For companies, these terms and conditions apply to all future business relations, even if they are not expressly agreed again; At the latest upon receipt of the goods, these terms shall be deemed accepted.
The customer acknowledges these conditions with his order. Any deviating, conflicting or supplementary terms shall not become part of the contract, even if it is not known, unless the Contractor expressly agrees to their validity in writing.
Contracting entities within the meaning of this condition are both consumers and entrepreneurs. Consumers in the sense of this condition are persons with whom business relations are entered into, without which a commercial or independent professional activity can be attributed to them. Entrepreneurs within the meaning of this condition are natural or legal persons with whom business relations are entered and who are acting in the exercise of their commercial or independent activities.
2 Conclusion of the contract
The offers contained in brochures, advertisements, catalogs and on the Internet presence (www.viaplatten.de) are - and also with regard to the prices and the presentation of the color samples - free and non-binding. They are not an offer, but are a non-binding invitation.
(1) The Contractor does not assume any guarantee for conspicuous color or structure deviations during the screen display of the color samples on the Internet as far as reasonably practicable, as these may deviate depending on the technical situation.
(2) The customer can order the desired goods via the Internet presence or by fax. By ordering the desired goods, the customer declares his binding contract offer.
If the order is placed via the internet presence of the contractor, the binding order is declared as the last step in the ordering process by clicking on the button "Send order".
(3) The acceptance of the binding contract shall be effected by sending a written order confirmation by the contractor by mail, email or fax within three working days. The contractor is entitled to refuse acceptance.
(4) The conclusion of the contract is subject to the suspensive condition of the receipt of the payment on the account of the contractor. The production of the ordered goods is triggered by this payment receipt.
(5) In the case of custom-made products, the special agreements, which are fixed in writing beforehand, shall apply.
(6) The conclusion of the contract is subject to the proviso that in the case of non-availability or only partial or non-correct availability of the goods, not provide or provide partially. This applies only in the event that the non-availability is not due to the Contractor. In the case of non-availability or only partial availability of the goods, the customer shall be informed without delay. The consideration for the non-availability will be refunded immediately.
(7) The contract is concluded with VIA GmbH, owner Almut Lager and Norbert Kummermehr, Mainzerstrasse 33 - 35, 55422 Bacharach am Rhein.
3 Right of revocation
The customer can revoke his contract declaration within two weeks without giving reasons in text form (eg letter, fax, e-mail) or - if the goods are delivered before the deadline - by returning the goods. The period begins upon receipt of this instruction in text form but not before receipt of the goods by the consignee (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information requirements pursuant to Article 246 § 2 in conjunction with § 1 para (1) and (2) of the German Civil Code (EGBGB) and our obligations pursuant to § 312g (1), first sentence, in conjunction with Article 246 (3) of the German Civil Code. Returns of delivered goods are not accepted without prior approval of the Contractor. The punctual sending of the revocation is sufficient for the revocation period.
The right of withdrawal does not exist for contracts for the supply of goods which are manufactured according to the specifications of the client or which are clearly tailored to their personal requirements or which are not suitable for a return due to their nature.
The revocation must be sent to:
Mainzer Straße 33 - 35
Tel.: 06743 - 93708-0
Fax: 06743 - 93708-20
In the case of an effective revocation, the services received at both ends must be returned. If the customer is unable to return the goods and / or the goods received, or only in a deteriorated condition, to the Contractor, the Purchaser is obliged to provide us with the goods.
The customer has to bear the costs of the return. Goods which can be parceled shall be sent at their own expense and risk to:
Mainzer Straße 33 - 35
Goods which can not be sent by parcel are picked up by the customer. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer with the sending of his declaration of revocation or the thing, for us with their receipt.
End of revocation
4 Prices and payment
(1) All prices stated in Euro contain the legal value added tax and other price components. Additional shipping costs are included.
(2) The customer can make the purchase price payment by transfer.
(3) The Purchaser shall only be entitled to a set-off right if his counterclaims are legally established or recognized by the Contractor. He is entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
5 Delivery and transfer of risks
(1) Unless agreed otherwise, delivery is ex-warehouse to the delivery address indicated by the customer. If the instruction is changed, the client bears the resulting costs.
(2) If the customer has selected the payment in advance, the contractor will not ship the goods before payment.
(3) The delivery is reserved to the Contractor, the delivery periods are only approximate. Should it be foreseeable that the delivery will take a longer period due to circumstances beyond the contractor's control, eg due to force majeure or other unpredictable, extraordinary circumstances, the latter is obligated to notify the customer in a suitable form and without delay.
(4) If, at the time of ordering the customer, no copies of the product selected by him are available, this is evident to the client from the respective article description, in which case the expected delivery date is also displayed. If the expected delivery date is exceeded by more than two weeks, the customer has the right to withdraw from the contract. In this case, the Contractor is also entitled to terminate the contract. In this case, he will refund any payments already made by the customer without delay. In the event of permanent non-delivery of an article, the Contractor shall refrain from making an acceptance declaration. A contract is not concluded in this case.
(5) The Contractor is entitled to make partial deliveries. The Contractor shall bear any additional shipping costs due to partial deliveries.
(6) The risk is transferred to the customer as soon as the consignment has been handed over to the person carrying out the transport or has left the contractor's warehouse for dispatch.
6 Retention of title
Until the fulfillment of the purchase price claim by the customer, the delivered goods remain our property. In the event of a breach of contract by the customer, the Contractor is entitled to withdraw from the contract and demand the goods.
7 Defects, warranty
The Contractor shall be liable for material defects in accordance with the applicable legal provisions, in particular §§ 434 ff. BGB. In respect of contractors, the warranty period for goods delivered by the Contractor shall be 12 months from the date of delivery. For consumers the limitation period is 24 months from delivery of the goods.
Entrepreneurs must inspect the delivered goods immediately upon receipt of the goods for quality and quantity deviations, and shall notify the Supplier in writing of any apparent defects within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims shall be excluded. Concealed defects must be notified to the Contractor in writing within one week of the discovery of the hidden defect. Deadline is sufficient for the timely dispatch. The entrepreneur meets the burden of proof for all claims, especially for the defect itself.
Due to the fact that the product has many natural ingredients, slight color deviations from the original patterns can occur. Such slight color deviations are not a defect and do not constitute any warranty claims.
(1) Claims of the customer for damages are excluded. This does not include claims for damages on the part of the customer resulting from injury to life, body or health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty on the part of the contractor, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Contractor is only liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from a violation of life, body or health.
(3) The limitations of paragraphs (1) and (2) shall also apply in favor of the legal representatives and vicarious agents of the Contractor if claims are directly asserted against them.
(4) The contractor is not liable for damages caused by improper use of the goods; This also applies to damage to other items of the customer.
(5) The provisions of the Product Liability Act shall remain unaffected.
(6) The contractor is only liable for his own content on the Internet presence of his online shop. If the Contractor has access to other Internet sites with links, the Contractor is not responsible for the contents of such websites. The contractor does not adopt these third-party content.
The Contractor undertakes to treat the data collected by the Customer within the framework of the handling of contracts confidentially in compliance with data protection regulations (in particular the Federal Data Protection Act, the Teledienstdatenschutzgesetz and the Telemediengesetz).
For the use of the data of the client for the contractor's advertising measures, the contractor must obtain the prior and explicit and revocable consent of the client.
10 Final provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law.
(2) Place of jurisdiction is Mainz.
(3) The contract concluded between the Contractor and the Customer, including these General Terms and Conditions, shall remain binding in the remaining parts of the contract, even if individual points are invalid.
Mainzer Straße 33 - 35
55422 Bacharach am Rhein
Tel.: 06743 - 93708-0
Fax: 06743 - 93708-20
Online Dispute Resolution in accordance with Article 14, Section 1 ODR-VO. The European Commission is providing a platform for online dispute resolution (OS), for more details follow this link: ec.europa.eu/consumers/odr/.