General Terms and Conditions
§ 1 Scope of Application
1. These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us, Vacid GmbH, Dauchinger Straße 58-62, 78056 Villingen-Schwenningen, represented by managing director: Zoran Karanovic, and you as our customer via our online shop. These GTC apply regardless of whether you are a consumer, entrepreneur, or trader.
2. All agreements between you and us relating to the contract result in particular from these terms of sale, our written order confirmation, and our acceptance declaration.
3. The version of the GTC valid at the time of conclusion of the contract is decisive.
4. We do not accept any deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
5. The customer is a consumer to the extent that the purpose of the ordered deliveries and services cannot predominantly be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership that acts in the conclusion of the contract in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
1. The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.
2. By placing an order via the online shop by clicking the "order with obligation to pay" button, you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order remains unaffected.
3. We will confirm the receipt of your order submitted via our online shop immediately by email. Such an email does not constitute a binding acceptance of the order unless it also contains an acceptance declaration in addition to the confirmation of receipt.
4. A contract is only concluded when we accept your order by way of an acceptance declaration or by delivering the ordered items. With the order confirmation or in a separate email, but at the latest upon delivery of the goods, we will send you the contract text consisting of the order, GTC, and order confirmation on a durable medium.
5. Orders for deliveries abroad can only be considered above a minimum order value. You can find the minimum order value in the price information provided in our online shop.
6. If delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we will refrain from accepting the order. In this case, a contract is not concluded. We will inform you of this immediately and refund any payments already received promptly.
7. The conclusion of the contract takes place in German.
§ 3 Delivery Conditions and Prepayment Reservation
1. We are entitled to make partial deliveries insofar as this is reasonable for you.
2. The delivery period is approximately 1-3 working days within Germany, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - upon conclusion of the contract.
3. In the case of orders from customers residing or having their business premises abroad or if there are reasonable grounds for a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (prepayment reservation). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
§ 4 Prices and Shipping Costs
1. All prices stated in our online shop are gross prices including the statutory value-added tax and exclude any applicable shipping costs.
2. The shipping costs are indicated in our price information in our online shop. The price including VAT and any shipping costs will also be displayed in the order form before you submit the order.
3. If we fulfill your order by partial deliveries, shipping costs will only be incurred for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
4. If you effectively revoke your declaration of intent, you can demand reimbursement of the costs already paid for the shipping to you (outbound shipping costs) under the statutory conditions.
§ 5 Payment Conditions and Set-Off and Right of Retention
1. The purchase price and the shipping costs must be paid within two (2) weeks of receipt of our invoice.
2. You can only pay the purchase price and shipping costs with the payment methods offered by us at your choice.
3. You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert claims for defects or counterclaims arising from the same purchase contract.
4. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of Title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
1. We are liable for defects or legal defects of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). The limitation period for statutory warranty claims is two years and begins with the delivery of the goods.
2. Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items are in addition to claims for defects or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees are set out in the guarantee conditions, if applicable, enclosed with the items.
§ 8 Liability
1. We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
2. In all other cases, we shall only be liable as follows, unless otherwise provided in paragraph 3, in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you as a customer regularly rely (so-called cardinal obligation), limited to the compensation of foreseeable and typical damages. In all other cases, our liability is excluded subject to the provisions of paragraph 3.
3. Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
4. The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
§ 9 Copyrights
We hold the copyrights to all images, films, and texts published in our online shop. Use of the images, films, and texts is not permitted without our express consent.
§ 10 Dispute Resolution, Applicable Law, and Jurisdiction
1. We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
2. German law applies to the exclusion of the UN Sales Convention. If you place your order as a consumer and at the time of your order have your habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
3. If you are a merchant and have your registered office in Germany at the time of placing the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable legal provisions apply to local and international jurisdiction.