Terms and Conditions with Customer Information
1. Scope of Application
1.1 These Terms and Conditions (hereinafter “T&Cs”) of “V.L Trade UG” (hereinafter “Seller”) apply to all contracts entered into by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods and/or services offered by the Seller in its online shop. The inclusion of the Customer’s own conditions is expressly rejected, unless otherwise agreed upon.
1.2 A consumer in the sense of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or professional activity.
1.3 An entrepreneur in the sense of these T&Cs is a natural or legal person, or a legally capable partnership, who, when concluding a legal transaction, acts in the course of their trade, business, or professional activity.
2. Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller, but serve as an invitation to the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods and/or services into the virtual shopping cart and completing the online ordering process, the Customer submits a legally binding offer by clicking the button that completes the order process. Additionally, the Customer can also submit the offer by phone, fax, email, or by post.
2.3 The Seller may 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), where the receipt of the order confirmation by the Customer is decisive;
Delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive; or
Requesting the Customer to make payment after the order has been placed.
If multiple of the above alternatives are present, the contract is concluded at the moment when one of the alternatives occurs first. If the Seller does not accept the Customer’s offer within the specified period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.
2.4 The deadline for accepting the offer begins the day after the offer is sent by the Customer and ends with the expiration of the fifth day after sending the offer.
2.5 When placing an order via the online order form, the Seller saves the contract text and sends it to the Customer together with these T&Cs in text form (e.g., email, fax, or letter) after the Customer has placed the order. However, the contract text cannot be retrieved by the Customer from the Seller’s website after the order has been placed.
2.6 Before placing a binding order through the Seller’s online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. All entries will also be displayed in a confirmation window before the binding order is placed, and can be corrected there as well using the usual keyboard and mouse functions.
2.7 The contract can only be concluded in German.
2.8 The order processing and communication typically take place via email and automated order processing. The Customer must ensure that the email address provided for the order processing is correct so that the emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or third parties authorized by the Seller for order processing are delivered, especially when using SPAM filters.
3. Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information about the right of withdrawal can be found in the Seller’s withdrawal instruction.
3.3 The right of withdrawal does not apply to consumers who are not residents of a member state of the European Union at the time of contract conclusion, and whose only residence and delivery address are outside the European Union at the time of contract conclusion.
4. Prices and Payment Terms
4.1 Unless otherwise stated in the product description, the prices quoted are total prices. Value-added tax (VAT) will be displayed, unless the goods are subject to differential taxation in accordance with Section 25a of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The Customer has various payment options, which are listed in the Seller’s online shop.
4.3 If advance payment has been agreed, the payment is due immediately after the contract is concluded.
4.4 If the payment method “PayPal” is chosen, payment processing is handled via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires the Customer to have a PayPal account or to open one.
5. Delivery and Shipping Terms
5.1 Goods are usually delivered via shipping to the delivery address provided by the Customer. The delivery address provided in the Seller’s order processing is decisive for processing the transaction. However, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the shipping company returns the goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipping. This does not apply if the Customer is not responsible for the circumstance preventing delivery or if they were temporarily unable to accept the offered service, unless the Seller had notified them of the service in advance.
5.3 If the goods are to be picked up by the Customer, the Seller will first notify the Customer via email that the ordered goods are ready for pickup. After receiving this email, the Customer can arrange to pick up the goods at the Seller’s location. In this case, no shipping costs are charged.
6. Liability for Defects
6.1 If the purchased goods are defective, the statutory provisions for liability for defects apply.
Deviating from this, the limitation period for claims arising from defects for used goods is one year from the delivery of the goods to the Customer. However, the reduction of the limitation period to one year does not apply:
For goods that have been used for a building and have caused a defect in the building;
For damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Seller or one of its legal representatives or agents;
For other damages caused by an intentional or grossly negligent breach of duty by the Seller or its legal representatives or agents;
If the Seller has fraudulently concealed the defect.
6.2 The Customer is asked to report any obvious transport damages to the carrier and to inform the Seller. Failure to do so will not affect the Customer’s statutory or contractual rights concerning defects.
7. Applicable Law
7.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.
7.2 This choice of law does not apply in relation to the statutory right of withdrawal for consumers who are not residents of a member state of the European Union at the time of contract conclusion, and whose sole residence and delivery address are outside the European Union at the time of contract conclusion.
