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Terms and Conditions
1. Scope of application
1.1
These General Terms and Conditions (hereinafter referred to as "GTC") of "VARidee Profiltechnik GmbH" (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.1.2
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.1.3
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.2. Conclusion of contract
2.1
The product representations contained in the online store of the seller do not represent binding offers on the part of the seller, but serve for the submission of a binding contract offer by the customer.2.2
The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.2.3
The seller can accept the customer's offer within five working days,- by sending the customer a written order confirmation or a confirmation of order in text form (fax or email), whereby the receipt of the order confirmation at the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order.
2.4
When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these GTC.In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online store before submitting his order.2.5
Before bindingly placing the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can continuously correct his entries before the binding submission of the order within the framework of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.2.6
Only the German language is available for the conclusion of the contract.2.7
Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.3. Right of revocation
3.1
Consumers shall generally have a right of revocation.3.2
More detailed information on the right of withdrawal can be found in the Seller's instructions on withdrawal.3.3
The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.4. Right of revocation
4.1
Unless otherwise stated in the Seller's product description, the prices quoted are net prices. With regard to any additional delivery and shipping costs, we refer to our payment and shipping information.4.2
Various payment options are available to the customer, which are indicated in the seller's online store.4.3
If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed otherwise.4.4
If the payment method delivery on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 30 days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method in case of a negative credit check.5. Delivery and shipping conditions
5.1
The delivery of goods is regularly carried out by shipping and to the delivery address specified by the customer. In the processing of the transaction, the delivery address specified in the purchase transaction of the seller is decisive.5.2
In the case of goods delivered by freight forwarding, delivery shall be made "free curbside", i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online store and unless otherwise agreed. The customer has the obligation to provide appropriate aids for unloading the shipping consignments.5.3
If the forwarding company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had given him a reasonable time advance notice of the service.5.4
If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.5.5
The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.5.6
In case of self-collection, the Seller shall first inform the Customer in writing that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the Customer may pick up the goods at the Seller's registered office by arrangement with the Seller. In this case, no shipping costs will be charged.5.7
Obvious transport damage must be claimed immediately to the deliverer. A corresponding note of the damage must be made on the delivery and shipping documents. If the customer does not comply with this, all claims in respect of transport damage against the seller and the transport insurer shall lapse.6. Retention of title
6.1
With respect to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.6.2
With respect to entrepreneurs, the seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.6.3
If the customer acts as an entrepreneur, he shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the Seller shall not collect the receivables as long as the Customer meets its payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.7. Defect Liability
If the purchased item is defective, the provisions of statutory defect liability apply. Deviating from this:7.1
For entrepreneurs:- a minor defect generally does not establish defect claims,
- the seller has the choice of the type of subsequent performance,
- for new goods, the limitation period for defects is one year from the transfer of risk,
- for used goods, rights and claims due to defects are generally excluded,
- the limitation period does not start anew if a replacement delivery is made within the framework of defect liability.
7.2
For consumers, the limitation period for defect claims for used goods is one year from the delivery of the goods to the customer, with the restriction of the following clause.7.3
The liability limitations and limitation period reductions stipulated above do not apply:- to items that have been used in accordance with their intended use for a building and have caused its defectiveness,
- to damages resulting from the breach of life, body, or health, based on intentional or negligent breach of duty by the seller or intentional or negligent breach of duty by a legal representative or agent of the seller,
- to other damages based on intentional or grossly negligent breach of duty by the seller or on intentional or grossly negligent breach of duty by a legal representative or agent of the provider, as well as
- in the event that the seller has fraudulently concealed the defect.
7.4
Furthermore, for entrepreneurs, the statutory limitation periods for the recourse claim according to § 478 BGB remain unaffected.7.5
If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to comply with the notification obligations stipulated there, the goods are deemed approved.7.6
If the customer acts as a consumer, he is asked to report any obvious transport damage to the deliverer and to inform the seller accordingly. If the customer does not comply with this, it has no effect on his statutory or contractual defect claims.8. Liability
The seller shall be liable to the customer for all contractual, contractual-like, and legal claims, including claims in tort, for compensation of damages and expenses as follows:8.1
The seller shall be liable without limitation for any legal reason:- in cases of intent or gross negligence,
- for negligent or intentional breach of life, body, or health,
- based on a guarantee promise, to the extent that nothing else has been stipulated in this regard,
- based on mandatory liability such as under the Product Liability Act.
8.2
If the seller negligently violates a material contractual obligation, liability is limited to the typical, foreseeable damage associated with the contract, unless unlimited liability applies according to Clause 8.1. Material contractual obligations are obligations that the contract imposes on the seller in accordance with its content for the purpose of achieving the contractual purpose, the fulfillment of which enables the proper execution of the contract and on which the customer may regularly rely.8.3
Furthermore, the seller's liability is excluded.8.4
The above liability regulations also apply with regard to the seller's liability for his agents and legal representatives.8.5
For entrepreneurs, the following general limitation of liability also applies:The seller has a general business liability insurance customary for the business type. Any damages can be compensated within the limits of the amounts provided by the insurance.
In addition, the seller shall be liable for damages not covered by the business liability insurance, up to the amount of half of the annual turnover of all orders from the past 12 months per occurrence. The total liability is limited in this case, overall for all liability cases within a calendar year, to the sum of all orders from the previous 12 months.
9. Indemnification for Violation of Third-party Rights
If, according to the content of the contract, the seller owes the customer not only the delivery of goods but also the processing of the goods according to specific customer specifications, the customer must ensure that the content provided to the seller by the customer for the purpose of processing does not violate the rights of third parties (e.g., copyrights or trademark rights). The customer shall indemnify the seller from third-party claims that arise in connection with the contractual use of the customer's content by the seller and that such third parties may assert against the seller due to a violation of their rights. The customer also assumes the reasonable costs of necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary to examine the claims and to defend against them in case of third-party claims.10. Applicable Law
10.1
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.10.2
Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of entering into the contract, are not residents of any European Union member state and whose sole residence and delivery address at the time of entering into the contract are located outside the European Union.11. Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer's registered office is located outside the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in these cases, the seller is in any case entitled to bring an action before the court at the customer's registered office.12. Information about Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed via the following link: https://ec.europa.eu/odrThis platform serves as a point of entry for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.