(The following terms and conditions also contain legal information about your rights according to the regulations on contracts in distance selling and electronic business transactions)
Version: 1 October 2021, English
1. SCOPE OF APPLICATION
1.1 The following General Terms and Conditions ("T&Cs") apply to all business relations between VEVBLEU e.K., owner Marguy Steib, Jahnstr. 46a, 96114 Hirschaid, Germany (hereinafter referred to as "Seller") and a consumer or company (hereinafter referred to as "Customer") in the version valid at the time of the order.
1.2 "Consumer" only shall mean any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor its own self-employment (§ 13 BGB);
1.3 "Company" only shall mean a natural or legal entity or a private company with legal capacity, which acts in exercise of its commercial or self-employment activity when concluding a legal transaction.
1.4 Deviating conditions of the Customer will not be recognized unless the Seller expressly agrees to their validity.
1.5 For questions, complaints and objections you can reach us by e-mail at email@example.com.
1.6 In case of disputes the German version of the General Terms and Conditions prevails. (Click here)
2. ORDER PROCESS AND COMPLETION OF CONTRACT
2.1 The representation of the products on our website (www.vevbleu.com), as well as in the online store is not a legally binding offer, but an invitation to place an offer. Product descriptions in catalogs as well as on the websites of the Seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Otherwise, we reserve the right to be held liable for errors.
2.3 The Customer can submit the offer via the online order form integrated in the Seller's online store. After placing the selected goods in the virtual shopping cart, the Customer enters all the necessary information during the electronic ordering process. Prior to the binding submission of the order via the Seller's online order form, the Customer will receive an overview of the information provided and the opportunity to correct any possible errors in entries. By clicking the button that completes the checkout process, the Customer submits a legally binding offer with respect to the goods contained in the shopping cart. Furthermore, the Customer can also submit the offer to the Seller by telephone or e-mail.
2.4 Upon receipt of the offer by the Customer, the Seller will send an e-mail confirming receipt of the order and containing the details of the order (order confirmation). This automatic confirmation of receipt solely documents that the Seller has received the Customer's order and does not constitute a declaration of acceptance of the Offer.
2.5 With the order confirmation, the Customer receives a copy of the General Terms and Conditions together with the revocation policy, information on shipping T&Cs and payment T&Cs. If the customer has registered in our store, he/she can view the orders they/you have placed in their/your profile area. In addition, the Seller shall store all information obtained during the currency of this contract of sale, such information shall remain and retained as confidential information unless the Seller is under a legal obligation to disclose same. saves the text of the contract, but does not make it accessible to any third parties on the Internet. However,The Customer agrees that the contract of salestext cannot be accessed by the Customer on the Seller's website after sending his order.
2.6 The contract of sale is only concluded when the Seller has sent the ordered goods to the Customer, handed them over or confirmed the shipment to the Customer with a second e-mail, explicitly confirming the order or sending the invoice. In the case of advance payment, the goods will only be shipped after the full amount has been paid in full into our account.
2.7 When submitting an offer via the Seller's online order form, the text of the contract will be saved by the Seller after the conclusion of the contract, thereafter a copy of the contract shall be sent to the Customer in a digital format or written or both. The Seller will not make the text of the contract accessible beyond this.
2.8 The contract of sale shall be concluded either in German or English.
2.9 The order processing and contact are usually carried out via e-mail and automated order processing. Upon the Customer submitting their e-mail address, the submitted e-mail address shall be viewed by the Seller as true and correct; and the Seller shall use the submitted e-mail address for all future communication with the Customer. In particular, when using SPAM filters, it shall be the sole responsibility of the Customer to ensure that all e-mails sent by the Seller or third parties commissioned by the Seller to process the order can be received. The Seller shall not be held liable or have any obligation to check or confirm the correctness of the e-mail address provided by the Customer to the Seller.
2.10 VEVBLEU is entitled to reject an offer from you without giving reasons.
3. RIGHT OF WITHDRAWAL
3.1 The right of withdrawal applies exclusively to Consumers according to § 13 BGB.
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal shall not apply to consumers who do not belong to a member state of the European Union at the time of concluding the contract of sale and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
4.1 The Customer shall be solely responsible for the costs of return of the products.
4.2 The return of the products shall be made exclusively with the shipping service provider through which the package was delivered (e.g. DHL).
4.3 Please note that we can only accept returns from the respective delivery country. For example, if the delivery was made to Austria, the return shipment may only be initiated from Austria.
4.4 In case of a return, a credit will be made to your account/card used in the order process, possible losses due to currency fluctuations will not be refunded.
4.5 The return shipment has to be made to: VEVBLEU e.K., Marguy Steib, Jahnstr. 46a, 96114 Hirschaid, Germany
5. PRICES AND TERMS OF PAYMENT
5.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, inclusive of Value Added Tax ("VAT").
5.2 In addition to the prices quoted, the Seller also charges shipping costs for the delivery. The shipping costs will be clearly communicated to the Customer on a separate information page and as part of the ordering process. For all other payment methods, payment must be made in advance in full. The goods will be shipped after receipt of full payment.
5.3 In the case of delivery to countries outside the European Union (e.g. Switzerland), further costs may be incurred in individual cases for which the Seller shall not be held responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
5.4 The Customer may choose from the available payment options prior to the completion of the order process. Customers will be informed about the available means of payment on a separate information page in the Seller's online store.
5.5 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
5.5.2 If Customer selects a payment method offered through the payment service "Shopify Payments", the payment shall be processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to Customer in Seller's online store. Shopify may use other payment services for the processing of payments, which may be subject to special payment terms and conditions to which the Customer may be specifically referred. Further information on "Shopify Payments" is available in the Internet on https://www.shopify.de/payments.
5.5.3 If the payment method " SOFORT" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account with PIN/TAN procedure that is activated for participation in "SOFORT", must legitimize him/herself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the Customer's bank account will be debited accordingly. The customer can find more detailed information on the payment method "SOFORT" on the Internet at https://www.klarna.com/sofort/.
5.6 When paying via credit card, you provide your credit card details and the credit card company might perform an authorization check. After your legitimation as a legitimate cardholder, the payment transaction will be automatically executed and your card will be charged.
5.7 If you select SEPA Direct Debit Mandate as the payment method, you issue a SEPA Direct Debit Mandate. We will inform you about the date of the debit (so-called prenotification). Upon submission of the SEPA Direct Debit Mandate, we request our bank to initiate the payment transaction. The payment transaction will be executed automatically and your account will be debited.
5.8 If prepayment by wire transfer / electronic bank transfer (EFT) has been agreed upon, the payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
6. AVAILABILITY AND DELIVERY OF GOODS
6.1 If the Customer has ordered multiple products at the same time, the individual products may be delivered at different times. § 266 BGB remains unaffected.
6.2 If not all ordered products are in stock, the Seller is entitled to make partial deliveries at his own expense, as far as this is reasonably acceptable to the Customer.
6.3 The delivery of goods is carried out by shipping to the delivery address indicated by the Customer, unless otherwise agreed. The delivery address indicated in the Seller's order processing shall be binding for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be applicable.
6.4 If the carrier returns the shipped goods to the Seller because delivery to the Customer was not successful, the Customer shall bear the costs for the failed shipment. This does not apply if the Customer is not responsible for the circumstance that led to the unsuccessful delivery or if the Customer was temporarily prevented from accepting the goods delivered, unless the Seller had given the Customer a reasonable period of notice. Furthermore, this does not apply with regard to the costs for the return shipment if the Customer effectively exercises his right of withdrawal. For the costs of return shipment, the provision made in the Seller's revocation policy shall apply in the event of effective exercise of the right of withdrawal by the Customer.
6.5 Should the delivery of the goods fail through the fault of the Customer, the Seller has the right to withdraw from the contract of sale.
6.6 If the ordered product is not available because the Seller is not supplied with this product by their supplier through circumstances beyond the Seller’s control, the Seller may withdraw from the contract of sale. In this case the Seller will inform the Customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the Customer does not wish to receive a comparable product, the Seller will immediately reimburse the Customer for any payments made.
6.7 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6.8 Self-collection is not possible due to logistic reasons.
6.9 Vouchers are provided to the customer either via download link or e-mail.
7. TRANSFER OF OWNERSHIP
7.1 The delivered goods remain the property of the Seller until payment in full has been made.
8. WARRANTY FOR DEFECTS OF QUALITY AND GUARANTEE
8.1 If the purchased item is defective, the provisions of the German legal liability for defects (Mängelhaftung) shall apply.
8.2 The Customer is requested to file a complaint with the carrier about delivered goods with obvious transport damage and to notify the Seller accordingly. Failure by the Customer to do so shall not affect the Customer’s legal or contractual claims for defects.
8.3 An extended warranty beyond the legal liability for defects for the goods delivered by the Seller only exists if it has been explicitly stated. Customers will be informed about the extended warranty conditions before the ordering process is initiated.
9.1 The following exclusions and limitations of liability shall apply to any claims for damages on the part of the Seller, notwithstanding any other legal requirements for claims.
9.2 The Seller shall be liable if the cause of damage is based on intent or gross negligence.
9.3 In the event of the negligent breach of a primary obligation or a secondary obligation, the breach of which endangers the achievement of the purpose of the contract or the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the Customer could rely ("essential obligation"), our liability shall be limited to foreseeable damages typical for the contract. We shall not be liable for the negligent breach of contractual obligations which are not essential or material obligations.
9.4 The above limitations of liability shall not apply in the event of injury to life, person or health, for a defect after the assumption of a guarantee for the quality of the product and for malicious concealment of defects. Liability under the Product Liability Act shall remain unaffected. A change in the burden of proof to the disadvantage of the Customer is not associated with this.
9.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, workers, staff, representatives and agents.
10. REDEMPTION OF VOUCHERS
10.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "campaign vouchers") can only be redeemed in the Seller's online store and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
10.3 The promotion voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of withdrawal.
10.4 The promotion voucher is transferable. The Seller can make payment with exonerating effect to the respective owner who redeems the promotion voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, incapacity or lack of authorization to represent the respective owner.
10.5 Vouchers that can be purchased in the Seller's online store (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the voucher.
10.6 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of purchase of the voucher. Remaining credit balances are credited to the Customer until the expiration date.
10.7 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
10.8 The Gift Certificate is only for use by the person named on it. Transfer of the Gift Certificate to a third party is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective gift certificate holder.
10.9 Gift certificates can only be redeemed by Consumers.
10.10 Vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
10.11 Only one voucher can be redeemed per order. OR Several gift vouchers can be redeemed in one order. "One or several Gift Voucher may be redeemed by the Customer in one order."
10.12 The value of the goods must be at least the amount of the voucher. Any remaining balance will not be refunded by the seller.
10.13 If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller shall be used to settle the difference.
10.14 The credit balance of a voucher is neither paid out in cash nor does it attract interest.
11. DATA PROTECTION
11.1 The Seller processes personal data of the Customer for the intended purpose and in accordance with the applicable legal provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) are used by the Seller for the purpose of fulfilling and processing the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3 The Customer has the right to request information free of charge about the personal data stored by the Seller about him/her. In addition, he/she has the right to correct incorrect data, block and delete his/her personal data, unless there is a legal obligation to keep records.
12. APPLICABLE LAW AND JURISDICTION
12.1 The laws of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws on the international purchase of movable goods. In the case of Consumers, this choice of law shall only apply 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.
12.2 Furthermore, this choice of law with regard to the legal right of withdrawal shall not apply to Consumer 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.
12.3 If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be 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 professional or commercial activity of the Customer. In the above cases, however, the Seller shall in any case be entitled to call upon the court at the Customer's place of business.
13. SETTLEMENT OF DISPUTES
13.1 The EU Commission provides a platform for online dispute resolution on the internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes from online purchase or service contracts in which a Consumer is involved.
13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a Consumer arbitration board. (but in principle willing)