§1 – Provider, comprehension of Terms and Conditions
(1) Provider and contractual partner for the in the VERTICS. Shop offered products is: VERTICS. Steffen Hummel, Alte Schmelze 21, 65201 Wiesbaden, GERMANY (below short “Provider”.)
(2) These general Terms and Conditions are part of every contractual agreement between the provider and the respective customer. Conflicting terms and conditions of the customer are contradicted.
§2 – Products on offer and conclusion of contract
(1) The provider offers the in the online shop displayed products to purchase. The presentation in terms of colour of the products on the website can vary slightly depending on the internet browser used and the monitor settings; these differences are never entirely avoidable.
(2) The products on offer, the conclusion of contract and the performance of the contract are carried out in German.
(3) The provider is exclusively selling to customers living in Germany, Europe and worldwide. In some cases additional tax and/or customs duty have to be payed.
(4) The customer chooses the favoured product by putting it in the „shopping cart“ or by clicking the button „straight to the purchase”. Afterwards, the order can be submitted to the provider by clicking the button “order obligatorily”. Until the dispatch of his or her order, the customer always has the opportunity to see and change the information that was specified during the order transaction or even interrupt the order entirely.
(5) For the products that are offered in the shop, the provider delivers a binding offer to buy. With the dispatch of the order desire via the button “order liable to pay”, the customer is accepting the offer to buy. The provider confirms the conclusion of contract via E-Mail (affirmation of a contract).
(6) The content of completed contracts is saved on the user account in the VERTICS.-Shop and is visible any time in the menu “my orders” under the point “my purchases”.
(7) If there are obstacles to delivery or other circumstances that would be opposed to the fulfilment of the contract, the provider will inform the customer via E-Mail. A part-delivery only happens after the customers affirmation.
§3 – Prices and payment
(1) All prices are calculated as end prices plus shipping costs. The fees contain 19% purchase tax.
(2) The shipping costs are listed in the particular product description under “payment & shipping”.
(3) The provider delivers at the customer’s option with prepayment, prepayment via bank transfer or via prepayment via PayPal. With the affirmation of the contract (§2 Abs. 5), the customer gets an internet link via E-Mail, which leads him to the VERTICS-Shop, “my purchases”, which contains further information concerning the purchase.
a) For paying with a coupon, the customer is able to enter one or more coupon codes. The value of the coupon is being credited to the provider and the invoice amount is paid that way. If the value of a coupon is higher than the invoice amount, the coupon stays valid with the exceeding amount.
b) If the customer had chosen “bank transfer” as the method of payment, the customer is told the bank details of the provider under the point “my purchases”. Bank transfers from abroad are accepted as free of all charges in Euro or in foreign currencies to the actual exchange rate.
c) If the customer had chosen “PayPal” as the method of payment, he or she is directly linked to the PayPal Online Service and can cause the payment via the button “click here to pay with PayPal”.
(4) For prepaid orders, there is a payment term of one week from the day of the confirmation of contract. The favoured products are reserved by the provider during the payment term. It is incumbent on the customer to pay in time so that the payment contracts to the provider during the payment term. The provider reserves his rights to back out of the contract of purchase and sell the products elsewhere if the payment has not contracted the provider until the end of the payment term. A payment that contracts after the cancellation of the contract is being reimbursed by the provider.
§4 – Shipping, Delivery Times
(1) The provider transfers the products to be delivered to the mail-order firm within five work days from payment receipt.
(2) The mail-order firm needs ca. 2 work days for the delivery from the handing over through the provider, insofar as not differing specified in the product description.
(3) If the delivery to the customer fails because the customer has given wrong or insufficient information about the delivery address, there is only another attempt of delivery if the customer pays for the new shipment. The costs of the new shipment come up with the shipment costs that were agreed with the conclusion of the contract. The customer will be told the necessary costs of a new shipment via E-Mail by the provider. The new shipment does not happen until the payment of these costs.
§5 – Return of Products as Consumer
(1) Customers, that shop as consumers (§13 BGB) have the right of objection according to the legal requirements (§§ 312d, 355 BGB). Details can be extracted from the cancellation.
(2) If the customer is the consumer, the parties to the purchase agree that, in case that the right of rescission is being executed, the customer has to pay the regular costs of return, if the product delivered is in accordance with the product ordered and if the price of the product to be returned does not surmount 40€ or if the customer, at the time of the cancellation, has not provided the quid pro quo or a down payment which has been agreed contractually.
(3) Insofar as the customer has to pay the costs of return, the amount of money that has to be reimbursed and the costs of return that have to be reimbursed by the customer, can be allocated by the provider.
§6 – Guarantee
The rights of guarantee of the customer comply with the legal prescriptions.
§7 – Final Clause
(1) The provider will raise and use the data that is entered by the customer during his or her purchase for the purpose of editing and performance of the contract. Insofar as the customer is using PayPal for the payment of his or her purchase, the PayPal data protection rules are valid. In this case, PayPal serves as a supplier for the customer, not for the provider.
(2) If individual assignments of these Terms and Conditions should prove ineffective or impracticable, this does not touch the effectiveness of the other assignments.