General Terms and Conditions (GTC)

General Terms and Conditions (GTC)

Table of Contents

  • Scope of Application

  • Conclusion of Contract

  • Right of Withdrawal

  • Prices and Payment Conditions

  • Delivery and Shipping Conditions

  • Retention of Title

  • Warranty (Defects Liability)

  • Liability

  • Redemption of Gift Vouchers

  • Governing Law

  • Alternative Dispute Resolution

1) Scope of Application

1.1
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts for the delivery of goods concluded between a consumer or an entrepreneur and Victoria Hilbrecht, trading under the name “VHaquarell”, via the seller’s online shop.
Any terms and conditions of the customer that deviate from or conflict with these GTC shall not apply unless their validity has been expressly agreed to.

1.2
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.

1.3
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1
The product descriptions presented in the seller’s online shop do not constitute binding offers but serve as an invitation for the customer to submit a binding offer.

2.2
The customer submits a binding contractual offer by completing the order process via the seller’s online ordering system.

2.3
The contract is concluded as soon as the seller accepts the customer’s offer, in particular by issuing an order confirmation, delivering the goods, or processing the payment.

3) Right of Withdrawal

3.1
Consumers are generally entitled to a statutory right of withdrawal.

3.2
Details regarding the right of withdrawal are set out in the seller’s separate withdrawal policy.

4) Prices and Payment Conditions

4.1
Unless otherwise stated in the product description, the prices indicated are total prices and include the statutory value-added tax. Any additional delivery or shipping costs incurred are stated separately in the respective product description.

4.2
For deliveries outside the European Union, additional costs may arise which are not attributable to the seller and are to be borne by the customer. No refund of value-added tax shall be granted for deliveries outside the European Union.

4.3
The payment methods available to the customer are displayed in the seller’s online shop.

5) Delivery and Shipping Conditions

5.1
Delivery shall be made to the delivery address specified by the customer during the ordering process within the delivery area designated by the seller.

5.2
If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred as a result. The provisions regarding the right of withdrawal remain unaffected.

5.3
If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover of the goods to the shipping service provider.
If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods shall generally pass only upon delivery of the goods to the customer.

5.4
Self-collection of the goods is not possible for logistical reasons.

6) Retention of Title

The seller retains ownership of the delivered goods until full payment of the purchase price owed has been made.

7) Warranty (Defects Liability)

The statutory provisions on defects liability shall apply.

If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty of inspection and notification of defects pursuant to Section 377 HGB. Failure to comply with these notification obligations shall be deemed approval of the goods.

If the customer is a consumer, they are requested to report obvious transport damage to the carrier upon delivery and to inform the seller thereof. Failure to do so shall have no effect on the customer’s statutory or contractual warranty rights.

8) Liability

The seller shall be liable without limitation for damages arising from injury to life, body, or health resulting from a wilful or negligent breach of duty, as well as for damages caused by wilful intent or gross negligence.

In the event of a slightly negligent breach of essential contractual obligations, the seller’s liability shall be limited to the damage that is typical for the contract and foreseeable. Essential contractual obligations are those obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.

In all other cases, the seller’s liability shall be excluded.

The above liability provisions shall also apply to the liability of the seller’s legal representatives and vicarious agents.

9) Redemption of Gift Vouchers

9.1
Gift vouchers purchased via the seller’s online shop may be redeemed exclusively in the seller’s online shop, unless otherwise stated on the voucher.

9.2
Gift vouchers are redeemable until the end of the third year following the year of purchase of the voucher.

9.3
Gift vouchers may only be redeemed during the ordering process and in accordance with the technical possibilities provided in the online shop.

9.4
Gift vouchers may be used exclusively for the purchase of goods and are neither redeemable for cash nor interest-bearing.

9.5
Gift vouchers are transferable. The seller is entitled to perform with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop, unless the seller is aware or grossly negligently unaware of the holder’s lack of entitlement or legal capacity.

10) Governing Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods.
In the case of consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory consumer protection provisions of the law of the state in which they have their habitual residence.

11) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.