GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of Contents1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Place of jurisdiction
10. Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Viamontis GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller's Online shop completes goods. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 If the payment type "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe user agreement https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account, specifying the corresponding login data.
2.7 Before placing the order through the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (Viamontis GmbH, Söllbachtalstr. 16, 83707 Bad Wiessee, Germany, phone: +49 174 90 94 117, email: firstname.lastname@example.org, by means of a clear statement (e.g. a letter sent by post, telephone or e-mail) informing you of your decision to cancel this contract.
You can use our cancellation form, which is not mandatory, however. To meet the cancellation deadline, it is sufficient that you send the notice of exercise of the right of cancellation before the cancellation period expires. Effects of the cancellation If you cancel this contract, we have all payments that we have received from you, including delivery costs (except for the additional costs that result from this that you have chosen a different type of delivery than the cheapest standard delivery we offer), immediately and at the latest within fourteen days a b to be repaid on the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract.
The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
More about our withdrawal rights such as the cancellation form can be found here.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.5 If the payment method "SOFORT" is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the "Shopify Payments" payment service is selected, payment is processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify" ). The individual payment methods offered via Shopify are communicated to the customer in the online shop of the seller. Shopify can use other payment services to process payments, to which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.
4.7 If a payment method offered via the "Klarna" payment service is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3 Pick-up is not possible for logistical reasons.
6) Retention of title
The goods remain the property of the seller until full payment.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer is asked to complain to the delivery agent about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
9) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's registered office.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
We are 100% transparent! Questions about our Terms of Service should be sent to us at email@example.com.