Section 1 Fundamental provisions
(1) The following terms and conditions shall apply to all agreements concluded between Vanilla3 GmbH, Karl-Marx-Str. 204, 12055 Berlin, Germany - hereinafter referred to as provider - and the customer via the website www.bigdongs.de of the provider. Unless agreed otherwise, there shall be no other applicable terms and conditions of the customer.
(2) A customer in the meaning of the provisions set out hereinafter shall be any natural person concluding a legal transaction for a purpose which is neither based on commercial nor on any freelance professional activity. An entrepreneur shall be any natural or legal person or a legally responsible partnership acting in exercise of their freelance professional or commercial activity when concluding a legal transaction.
(3) German shall be the language of treaty. The text of the agreement is not stored by the provider and is no longer accessible to the customer upon sending the order. The customer may print the text of the agreement via the print function of the browser or secure it electronically prior to placing the order.
Independent from that, the order data and the general terms and conditions of business will be sent to the customer via email.
Section 2 Object of agreement
The object of the agreement is the sale of goods. The details, in particular the essential features of
the goods can be derived from the description of the articles and the additional information on the website of the provider.
Section 3 Conclusion of the agreement
(1) The product presentations of the provider on the internet do not constitute a binding offer for the conclusion of an agreement. Rather, they are meant as an invitation to place an order (offer of the customer).
(2) The customer can also place an offer to buy via telephone or email or via the online order system.
In the event of a purchase via the online order form, the goods contemplated to buy are put in the "shopping cart". Via the relevant button in the navigation bar, the customer can access the "shopping cart" and make amendments any time. Upon accessing of the site "checkout counter" and entry of the personal data as well as terms and conditions of payment and delivery, all order data are shown again in conclusion on the order overview page. Prior to the placing of the order, the customer can check all of the information again, amend it (also via the function "back" of the internet browser) and, respectively, cancel the purchase. Upon sending the order via the button "buy", the customer places a binding offer vis-a-vis the provider. Subsequently, the customer receives an automatic email confirmation of receipt of the order which does not yet constitute a conclusion of an agreement.
(3) The acceptance of the offer (and therefore the conclusion of the agreement) is always effected by means of a confirmation in text form (e. g. email) in which the processing of the order or the delivery of the goods is confirmed. Should the customer not receive an order confirmation or notification of delivery of the goods within 2 days, the order is no longer binding for him. If applicable, any services rendered shall be returned immediately.
(4) The handling of the order and provision of all information required in connection with the conclusion of the agreement via email is in part effected in an automated way. Therefore, the customer shall make sure that the email address provided by him is correct, the receipt of emails is technically ensured and in particular not prevented by means of any spam filter.
Section 4 Prices, transport costs
(1) The prices stated in the relevant offers and the transport costs are end prices. They contain all price components including all and any payable taxes. In the event of a delivery outside the European Union, there might be further customs, taxes and fees to be paid by the customer. These, however, are not to be paid to the provider but to the competent customs or tax authority. The customer is asked to obtain the relevant details from the competent tax or customs authority prior to the placement of the order.
(2) Any applicable transport costs are not contained in the purchase price. They can be accessed via the site "payment and delivery", they are stated separately while placing the order and shall be borne by the customer if no delivery free of transport costs is guaranteed.
(3) The customer receives an invoice with the value-added tax shown separately.
Section 5 Terms and conditions of payment and delivery
(1) The terms and conditions of payment and delivery can be accessed via the button of the same name in the navigation bar.
(2) Unless indicated otherwise for the individual types of payment, the payment claims from the agreement concluded shall become due immediately.
(3) If any product ordered by the customers is, contrary to expectations and in spite of the conclusion of an adequate hedging transaction, not available due to no fault of the provider, the customer is immediately informed about the non-availability and any payments already made are immediately reimbursed in the event of a withdrawal.
(4) As regards the customers, it is provided by law that the risk of accidental destruction or accidental deterioration of the sold goods during the transport only passes to the customer upon handover of the goods irrespective of whether the transport is insured or not.
Section 6 Costs of return in exercise of the right of cancellation
In the event of exercise of the right of cancellation of the customer, it is further agreed for distance contracts that the customer shall bear the regular costs of return if the delivered goods are identical to the ordered goods and if the price of the returned goods does not exceed the amount of EUR 40.00 or if, in the event of a higher price, the customer has not paid the agreed consideration or made the agreed partial payment. Otherwise, the costs of return delivery are borne by the provider.
Section 7 Right of retention, reservation of title
(1) The customer can only exercise any right of retention in the event of claims from the same contractual relationship.
(2) The goods shall remain the property of the provider until the purchase price is paid completely.
Section 8 Warranty
(1) The legal provisions in this respect shall apply.
(2) The customer as consumer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damages and shall immediately make any complaints in this respect to the provider and the forwarding agent. Any failure to make such a complaint, however, shall not affect the customer's legal warranty claims.
Section 9 Liability
(1) The provider shall be completely liable for all and any damages due to injury to life, limb or health, in all cases of intention or gross negligence, in the event of fraudulent concealment of a defect, in the event of assuming warranty for the quality of the object of purchase, for damages according to the German Product Liability Act [Produkthaftungsgesetz] and in all other cases regulated by law.
(2) As far as fundamental contractual obligations are concerned, the liability of the provider is limited to the foreseeable damage typical of the contract in the event of slight negligence. Essential contractual obligations are such obligations arising from the nature of the agreement and the violation of which endangers the achievement of the purpose of the agreement and obligations imposed on the provider by the content of the agreement in order to achieve the purpose of the agreement, the compliance of which is a prerequisite for the proper performance of the agreement in the first place and in which the customer may normally trust.
(3) In the event of a violation of insignificant contractual obligations, liability for slightly negligent violations of obligations is excluded.
(4) According to the current state of the art, data communication via internet free of errors and/or always available cannot be guaranteed. In this respect, the provider is not liable for the continuous or uninterrupted availability of the website and the services offered there.
Section 10 Choice of law, place of performance, place of jurisdiction
(1) This agreement shall be governed by German law. The United Nations Convention on contracts for the International Sale of Goods shall not apply. For consumers, this choice of law shall only apply to the extent to which it shall not have the result of depriving the consumer of the protection afforded to him by the mandatory rules of the law of the country in which he has his habitual residence (benefit-of-the-doubt principle).
(2) The place of performance for all services due to the business relations with the provider and the place of jurisdiction shall be the provider's place of business unless the customer is not a consumer but a businessperson, legal entity under public law or special property under public law. The same shall apply if the customer has no general place of jurisdiction in Germany or within the European Union or if the domicile or usual place of residence is not known at the time of filing the action. The right to call the court at another legal place of jurisdiction shall remain unaffected.
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