General Terms and Conditions Reverse-Retail GmbH (Vite EnVogue)
I. I. General
- These General Terms and Conditions govern the conclusion of contracts for the purchase of goods presented on www.vite-envogue.de (hereinafter called „Online-Shop“) The customer’s contractual partner (hereinafter called „Seller“) is:
Reverse-Retail GmbH, Schnackenburgallee 41a,
22525 Hamburg, Germany
Managing Directors: Harald Sipple, Henning Thieß, Marcus Schönhart
Registered Office: Hamburg
Local Court (Amtsgericht) Hamburg, Registration Number: HRB 121682
- The Seller only sells its goods to consumers within the meaning of paragraph 13 of the German Civil Code (BGB). Hereafter a consumer is every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. By making a purchase order the customer confirms to the Seller that he / she is a consumer within the meaning of paragraph 13 of the German Civil Code (BGB) and that he / she does not purchase the goods for the purpose of resale.
- If the customer obtains goods not in accordance with this agreement as an entrepreneur within the meaning of paragraph 14 of the German Civil Code (BGB) there is - deviating from VIII 2. - no warranty given for used goods. For newly produced goods the warranty termed in VIII is limited to one year beginning on the day of delivery.
These limitations of rights do not apply to claims of damages in case of a given guarantee or a procurement risk within the meaning of paragraph 276 of the German Civil Code (BGB), rights arising from injury to life, body or health, fraudulent, intentional or grossly negligent behavior of the Seller, his legal representatives or person employed in performing a Seller´s obligation. Furthermore they do not apply in case of longer limitation periods mandatorily provided by statutory law.
If goods are purchased by an entrepreneur the Seller is entitled to rescind the contract or contest it on the basis of willful deceit.
- The General Terms and Conditions of the Seller can be looked at by the customer on http://www.vite-envogue.com/terms-and-conditions at any time.
- The contractual language is English.
II. Purchase Order / Conclusion of Contracts
- The presentation of goods in the Online-Shop shall not be considered a binding offer by the Seller but as a non-binding invitation to customers to make purchase orders in the Online-Shop.
- By clicking the “Complete Payment” button the customer places a legally binding offer to purchase the goods contained in the shopping cart (hereinafter called „Purchase Offer“).
- After receipt of the Purchase Offer the customer will receive an automatically generated e-mail confirming the receipt (hereinafter called „Order Confirmation“). The Order Confirmation does not constitute an acceptance of the Purchase Offer. No contract will be concluded by the Order Confirmation. The Seller reserves the right to not accept the Purchase Offer of the customer.
- The Seller will inform the customer of the delivery of the goods by e-mail (hereinafter called „Delivery Confirmation“). By receiving the Delivery Confirmation a purchase contract is being concluded between the Seller and the customer pursuant to these General Terms and Conditions. A purchase contract will also be concluded when the Seller sends the goods to the customer without a previous Delivery Confirmation.
- The Seller will store the wording of the contract and will send all details regarding the pur-chase order to the customer by e-mail. Past purchase orders can be looked at in the cus-tomer account.
III. Prices / Payment Conditions
- All prices shown in the Online-Shop are final prices and include statutory value added tax (VAT) plus shipping costs. The amount of shipping costs depends on the place of delivery and the delivery method chosen by the customer.
- Payment can be made by PayPal, Mastercard, Visa, Payment and SOFORT© - Online Bank Transfer and Prepaiment. The customer will not be charged with any additional costs using these payment methods.
- Further details on shipping costs and payment methods can be found here.
IV. Offsetting / Right of Retention
- The customer is not entitled to offset any of the Seller’s claims with counterclaims unless counterclaims made by the customer are undisputed or have legally been recognised or the counterclaim of the customer is ready for resolution.
- Rights of retention by the customer can only be made if the counterclaim is based on the same contractual relationship.
- Despite limitation of the offsettable counterclaims mentioned in IV.2 the customer is still able to offset any of the Seller's claims when the claim of the customer was not expired at the time, when the customer could have set off with the Seller´s claim for the first time (cf. paragraph 215 of the German Civil Code (BGB). The same applies to the enforcement of a right of retention.
V. Delivery / Retention of Title
- Delivery of goods will be made to the address of the customer provided in the Purchase Order unless otherwise agreed. Further details on delivery and service can be found here.
- Goods delivered remain property of the Seller until full payment has been made.
VI. Statutory Right of Withdrawal
1. INSTRUCTIONS ON WITHDRAWAL
1.1 Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier of the goods and indicated by you acquires, physical possession of the ordered goods. If goods of the same order are sent in partial deliveries, or the good itslef is sent in partial deliveries, the withdrawal period will not expire before you aquire physical possession of the last part or last good.
To exercise the right of withdrawal, you must inform us
Reverse-Retail GmbH (Vite EnVogue)
Schnackenburgallee 41, 22525 Hamburg,
E-Mail: [email protected]
Telefon: +49 (0)40 284 67 68 90
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form attached in VI 2. , but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
1.2 Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your with-drawal from this contract to us
Reverse-Retail GmbH (Vite EnVogue)
The deadline is met if you send back the goods before the period of 14 days has ex-pired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
* * * End of Instructions on withdrawal * * *
2. Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
Reverse-Retail GmbH (Vite EnVogue), Schnackenburgallee 41,
I / We (*) hereby give notice that I / We (*) withdraw from my / our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
Ordered on (*) / received on (*):
Name of customer(s):
Address of customer(s):
Signature of customer(s) (only if this form is notified on paper):
(*) Delete if not appropriate.
VII. Voluntary Right of Return (additionally to the Statutory Right of Withdrawal)
- The Seller grants to the customer additionally and without prejudice to his / her statutory rights - especially the statutory right of withdrawal as well as his / her warranty rights pur-suant to VIII. - the right to reverse the contract concluded with the Seller within 30 days without giving any reason (hereinafter called the “Voluntary Right of Return”).
- The return period will expire in this case after 30 days from the day on which the customer acquires, or a third party other than the carrier of the goods and indicated by the customer acquires, physical possession of the ordered goods. If goods of the same order are sent in partial deliveries, or the good itself is sent in partial deliveries, the return period will not expire before you acquire physical possession of the last part or last good. To exercise the Voluntary Right of Return, the customer must inform
Reverse-Retail GmbH (Vite EnVogue)
E-Mail: [email protected]
Telephone: +49 (0)40 284 67 68 90
of his / her decision to reverse the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The customer may use the model form attached in VI. 2., but it is not obligatory.
- To meet the return deadline, it is sufficient for the customer to send his / her communica-tion concerning his / her exercise of the Voluntary Right of Return before the return period pursuant to VII. 2 has expired.
- In case of exercise of the Voluntary Right of Return by the customer the consequences will be based on VI. 1.2.
VIII. Warranty Rights
- If not agreed otherwise warranty rights of the customer are governed by statutory regula-tions of German sale of goods law (Paragraphs 433 et seq. of the German Civil Code (BGB)).
- For used goods the limitation period of warranty rights is limited to one year.
This limitation of rights does not apply to claims of damages in case of a given guarantee or a procurement risk within the meaning of paragraph 276 of the German Civil Code (BGB), rights arising from injury to life, body or health, fraudulent, intentional or grossly negligent behaviour of the Seller, his legal representatives or person employed in perform-ing a Seller´s obligation.
- The Seller is unrestrictedly liable for damage from injury to life, body or health due to intentional or negligent breach of duty by the Seller as well as for other damage arising from an intentional or grossly negligent breach of duty by the Seller or because of any liability according to the Product Liability Law (Produkthaftungsgesetz).
- For damages caused by slight or simple negligent breach of duty the Seller is only liable to the extent the breach refers to an essential contractual obligation. However, this liability is limited to the amount of typical damages within the frame of the contract predictable at the time of conclusion of the contract.
An essential contractual obligation is an obligation whose fulfillment is significant to the due and proper performance of the contract and on which compliance the customer relies and may rely on regularly.
- These limitations of rights do not apply to claims of damages in case of a given guarantee or a procurement risk within the meaning of paragraph 276 of the German Civil Code (BGB), rights arising from injury to life, body or health, fraudulent, intentional or grossly negligent behaviour of the Seller, his legal representatives or person employed in performing a Seller´s obligation.
X. Data Use
Information about the data use by the Seller can be found in the guidelines for data privacy of the Seller on http://www.vite-envogue.com/privacy-policy.
XI. Final Provisions
- Should one or more provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected.
- Place of performance for delivery and payment is Hamburg, Germany
- All legal relationships between the Seller and the customer shall be governed by the laws of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”, “UN sales law”).
- If the customer is a merchant, legal person under public law, or special asset (Sondervermögen) under public law, place of jurisdiction for all disputes under or in connection with contracts between the Seller and the customer shall be Hamburg, Germany.
(constituted on 08/2016)