Vendor and contract partner
Vinexus Deutschland GmbH
|Registry court:||Regional Court Friedberg / Hessen, Germany|
|Registry number:||HRB 8515|
|VAT Reg. No:||NL821258011B01|
Last updated: 03/2017
Sec. 1 - Scope
(1) These conditions of Vinexus Deutschland GmbH (hereinafter referred to as the "Vendor"), apply to all sales, deliveries and services of the Vendor purchased by the Customer from the Vendor at its online shop. Any inclusion of the Customer's conditions are rejected, unless the parties have expressly agreed otherwise.
(2) "Customers" can be both consumers and businesses, whereby a consumer is any natural person who enters into a legal transaction for purposes that are mainly attributable to non-commercial or independent non-professional or non-business activity. By contrast, a business person is any natural or legal person, or legal partnership that acts out an independent professional or commercial activity when concluding a legal transaction.
(3) Offers made by the Vendor that contain alcohol are addressed exclusively to customers who are authorised to acquire goods of this nature in the respective country of delivery, under its respective, applicable laws for the protection of young people.
Sec. 2 - Contract conclusion
(1) The products offered by the Vendor merely represent an invitation to the Customer to submit an offer to purchase. By completing the ordering process, the Customer enters into a binding proposal to purchase from and with the Vendor. The Vendor's acceptance of this purchase proposal initially takes place following a separate declaration of acceptance within 2 workingdays of receiving the purchase proposal.
(2) The ordering process begins when the Customer places a product in the cart. This is carried out by pressing the "Add to shopping cart" button on the product detail page.
In the cart, the Customer is given the opportunity to change the order quantity by selecting the desired amount in the drop down menu, or to remove a product from the cart by clicking the trash can icon.
Once the Customer has filled his personal cart with the products he wants to purchase, he can use the "Proceed to Checkout" or "Checkout with PayPal" button to continue with the order process on the next page.
a) Orders using the "Proceed to Checkout" button:
If the Customer is already registered with the vendor's online shop, he can continue his order by entering his registered e-mail address and associated password in the field on the left hand side. If the Customer is not registered yet, he can either create an account with the vendor in the field labeled "I´m a new customer", or continue with his order as a guest without opening a customer account by selecting the option "Don´t create a customer account". In both cases, the customer has to insert his personal data. During step 1 of his purchase the customer is shown an overview of his order where he can make some changes. In the top section the customer can change his billing and delivery address, while in the right-hand section "Payment and dispatch" it is possible to change the method of payment by clicking on "Change" and reach step 2 of the purchase. Or he can directly finalize his order in step 3 by accepting the GTC and then clicking on the button "Send order". During step 2, the customer has to click on "Next" following the selection of his preferred method of payment in order to get to step 3 and finalize his order. By clicking on the button „Send order“ the customer completes his order.
b) Orders using the "Checkout with PayPal" button:
If the Customer decides to place an order over the "Checkout with PayPal" payment system by pressing the "Checkout with PayPal" button in his cart, he is redirected to the login mask for PayPal. After the Customer has successfully logged in with the email address registered with PayPal and the corresponding password, the address and account details saved by the Customer at PayPal are displayed and transferred. By pressing the "Next" button, the Customer is redirected back to the order summary page at the Vendor's online shop.
Any corrections the Customer wants to make to the data entered can be made by pressing each respective "Edit" button.
To complete his order, the Customer has to acknowledge the General Terms and Conditions and right of cancellation by checking the "I have read the Terms and Conditions and agree to their validity. I am aware of the Right of Withdrawal." box.
The Customer issues a binding order for the products he has placed in the cart by pressing the "Send order" button.
(3) The purchase is executed and email contact takes place using automated purchase processing software. The Customer therefore has to ensure that the email address designated for the purchase process is correct so that correspondence can take place using this address. If the Customer uses spam filters, he must ensure that all emails sent by the Vendor or its purchase process service providers are received.
Sec. 3 - Contract storage
The Customer receives his order data in an order confirmation sent by email, which, in the event of the contract being accepted, follows confirmation of the order receipt, along with the terms and conditions in the form of Customer information, as well as the cancellation policy and cancellation form. The contract text is not saved by the Vendor once the contract has been concluded. The Customer must therefore personally take the necessary steps to make permanent copies of the offer (e.g. in the form of a screenshot).
Sec. 4. - Prices
The prices indicated by the Vendor include all price components, including the statutory German VAT. VAT is shown separately. The packaging and shipping costs are displayed and stated separately for each product offered or over the link "Shipping Costs". Other price components, such as additional taxes, duties or other charges, may be incurred for cross-border deliveries.
Sec. 5 - Terms of payment
Payments can be made in the following form:
- Payment by bank transfer (in advance)
After making the purchase, the Customer is notified of the Vendor's bank account for payment purposes. The goods are shipped once the payment amount is credited to the stated Vendor's account;
- Payment by credit card/ iDeal
Once the Customer has ordered by pressing the "Send order" button, the Customer is redirected to a sibling page where he can approve payment by entering his credit card details. Whether the bank account or credit card is debited depends on how the Customer's bank or the credit card-issuing institution processes the payment, and only takes place once the contract is concluded. The goods are shipped once the credit card service provider confirms payment;
- Payment by PayPal
Once the Customer has ordered by pressing the "Send order" button, he is redirected to the PayPal page where he approves his payment to the Vendor. The Customer's PayPal account is first debited once the contract is concluded. The goods are shipped once PayPal confirms payment;
Sec. 6 - Delivery
(1) The delivery periods stated for the products start on the day following the day the contract is concluded or, for PayPal payments and bank transfers, the date when the Customer issues his payment instructions to his payment service provider. Delivery takes place within the specified delivery time. If the final date of delivery falls on a Saturday, Sunday or, at the place of delivery, an officially recognised bank holiday, the next working day replaces this day.
(2) In the event of delivery outside Germany, the delivery date for deliveries to EU member countries for the products specified is extended by 5 working days; in all other cases by 10 working days.
Sec. 7 - Retention of title
(1) The goods delivered remain the property of the Vendor until all claims under the contract are fulfilled.
(2) If the Customer is a business, legal entity under public law or special fund under public law, retention of title also applies beyond the current business relationship until settlement of all claims due to the Vendor in connection with the contract.
Sec. 8 - Liability for defects
The statutory provisions apply here.
Sec. 9 - Contract Language
The contract languages is English.
Sec. 10 Final clauses
(1) The law of the Federal Republic of Germany applies to this contract.
(2) The applicable law referred to under Item 1 applies to customers who do not conclude the contract as self-employed professionals or for commercial activities (consumer according to Sec. 1 It. 2 Li. 1), only insofar as the protection afforded by the mandatory provisions of the law of the country in which the consumer has his habitual place of residence is not withdrawn.
(3) The rules of the CISG do not apply to this contract.
Information on the EU commission's online platform for extrajudicial online dispute regulation:
With regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 it was decided to create an online platform to enable an independent, impartial, transparent, effective, fast and fair extrajudicial online dispute regulation between consumers and traders regarding online purchase contracts or online service contracts. Through the following URL consumers can obtain more information and get access to the platform: http://ec.europa.eu/consumers/odr/
Vinexus Deutschland GmbH is neither willing nor obliged to take part in a dispute resolution procedure at a dispute resolution body for consumers. There is no obligation to take part in such a procedure on the basis of any mandatory legislation.
As a matter of cause, we always make the greatest effort to settle any kind of dispute with any of our customers in an amicable manner. Therefore we do not see any necessity to take part in such kind of dispute resolution. In those rare cases where a settlement is not feasible, every customer has the right to take legal action using regular jurisdiction. However, we are very pleased to note that so far there has been no need for any customer to take any kind of legal action.
In case there is a conflict you would like to settle, please get in touch with us directly under the following e-mail address: firstname.lastname@example.org