This is an English translation provided for your convenience. The legally binding version is the German one; in the event of any discrepancies, the German version shall prevail.
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (VDV Benefit GmbH). Unless otherwise agreed, the inclusion of any of your own conditions used by you is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the goods subject to retention of title has passed, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 4 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the case of defects, we provide warranty at our discretion by rectification or replacement delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to damage attributable to us and culpably caused by injury to life, body or health, and to other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with rights regarding defects.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (favourability principle).
(2) The place of performance for all services arising from the business relationships with us, as well as the place of jurisdiction, is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is brought. The right to also call upon the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
VDV Benefit GmbH
Hüttenstr. 50
45527 Hattingen
Germany
Phone: +49 02324 681 666 0
E-mail: info@vdv-benefit.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions are sent to you again by e-mail.
4. Essential features of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the order process and are to be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory liability for defects
The liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
§ 1 Scope, customer information
The following general terms and conditions govern the contractual relationship between VDV Benefit GmbH and the consumers and entrepreneurs who purchase goods via our shop. Conflicting conditions or conditions deviating from our terms and conditions are not recognised by us. The contract language is German.
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.
§ 2 Conclusion of contract
(1) The offers represent a non-binding invitation to you to purchase goods.
(2) We are entitled to accept your offer within 1 working day by sending an order confirmation by e-mail. After the unsuccessful expiry of the period mentioned in sentence 1, your offer is deemed rejected, i.e. you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.
§ 3 Customer information: storage of your order data
Your order with details of the concluded contract (e.g. type of product, price, etc.) is stored by us. We send you the GTC, but you can also call up the GTC at any time via our website after the conclusion of the contract.
§ 4 Retention of title, set-off; right of retention
(1) For consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur acting in the exercise of your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You only have a right to set-off if your counterclaims have been legally established or are undisputed or recognised by us. In addition, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3) If the customer is in default of any payment obligations towards us, all existing claims become due immediately.
§ 8 Protection of minors
The offering and sale of tobacco and alcohol products via the internet is permitted without age verification systems. When ordering tobacco and alcohol products, you will be asked to confirm that you are of legal age. Please note that you may be liable for damages here in the event of false information.
§ 9 Warranty
The warranty is governed by the statutory provisions.