General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Ralf Gruebl) via the http://www.vemiras-shop.com/ website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar terms), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via Klarna
In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
Direct debit: Your account will be debited after the goods have been dispatched. You will be informed of the date by e-mail.
Credit card (Visa/Mastercard): Available in Germany. The amount will be debited after dispatch of the goods or tickets / availability of the service or, in the case of a subscription, according to the communicated times.
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.
You can find more information about Klarna here. You can find the Klarna app here.
(2) SEPA direct debit
When paying by SEPA direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 10-15 days after conclusion of the contract.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you shall bear the bank charges incurred.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 7 Protection of minors
(1) When selling goods that are subject to the provisions of the German Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you confirm that you have reached the minimum age required by law and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you yourself or persons authorised by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we will instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification.
(4) Insofar as we indicate in the respective item description that you must be 18 years of age or older to purchase the goods beyond the legally prescribed minimum age, the above paragraphs 1-3 shall apply with the proviso that you must be of legal age instead of the legally prescribed minimum age.
II Customer information
1. identity of the seller
Ralf Gruebl
Kapellenweg 8
94342 Straßkirchen
Strasskirchen, Germany
Phone: 09424/948866
E-Mail: vemiras@online.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3 Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have submitted to the quality criteria of the Händlerbund Management AG buyer's seal, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6 Prices and payment modalities
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
6.3 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.4 The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7 Terms of delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8 Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 01.01.2022