Terms and Conditions with customer information

(The terms and conditions described hereinafter also contain legal information about your rights in accordance with the provisions on distance contracts and electronic commerce.)

1. Jurisdiction
2. Offers and Specifications
3. Ordering Process and Contract Conclusion
4. Prices and Shipping Costs
5. Shipment, Product Availability
6. Payment Terms
7. Reservation of Ownership
8. Liability for Material Defects and Warranty
9. Liability
10. Storage of Contractual Text
11. Privacy
12. Place of Jurisdiction, Applicable Law, Contractual Language
13. Note

1. Jurisdiction
1.1. The terms and conditions hereinafter apply exclusively according to the valid version at the time of placing the order for the business relationship between Vermonde GmbH, CEO: Stephanie Dreyer, Mariahilfstr. 14, 55411 Bingen (hereinafter „seller“) and the customer (hereinafter „customer“).
1.2. Our customer service is available between 9 am and 5 pm on weekdays for your queries and claims. Please call +49 (0) 6721 49568-40 or send an email to info@vermonde.com.
1.3. For the purposes of these terms and conditions, „consumers“ are deemed to be any natural person who enters into business relations with Vermonde GmbH for a purpose that can be ascribed to neither his commercial nor his self-employed activity (§ 13 BGB, German Civil Code).
1.4. We do not recognise terms and conditions of the customer contrary or deviating to ours – unless otherwise expressly agreed upon by the seller.

2. Offers and Specifications
2.1. The presentation of our products in our online shop is not a legally binding offer, but a request on the submission of an order. Specifications in catalogues and on websites of the seller have a purely informative character.
2.2. All offers apply „while stocks last“ unless anything else is stated next to the product descriptions. Furthermore, errors and omissions excepted.

3. Ordering Process and Contract Conclusion
3.1. The customer may select products non-bindingly from the seller’s assortment and may collect these in a so-called shopping cart via the [To the cart]-button. The customer may proceed afterwards within the cart-section to the finalisation of the ordering process via the button [Continue to checkout].
3.2. The customer submits via the [Buy]-button a binding request to purchase the goods placed in the cart. The customer may view and change data anytime before the submission of the order. Necessary information is marked with an asterisk (*).
3.3. Thereafter the seller sends the customer an automatic acknowledgement of receipt via email in which the customer’s order is listed once more. The customer may print the order confirmation via the [Print]-function. The automatic acknowledgement of receipt only documents the receipt of the customer’s order and does not constitute an order or application acceptance. The sales contract is only concluded when the seller will send or hand over the order to the customer within two days or when the seller will have confirmed the shipping to the customer within two days via a second email, explicit order confirmation or mailing of the invoice.
3.4. If the seller allows advance payments, the sales contract will be concluded with the provision of the bank details and the payment request. If the payment is not received by the seller within 10 calendar days after the mailing of the order confirmation in spite of maturity even after a new notice, the seller withdraws from the sales contract with the consequence that the order is rendered obsolete and that the seller is released from its delivery obligation. The order is cancelled without further consequence for the customer and the seller. Therefore a reservation of the article for advance payments lasts no longer than 10 calendar days.

4. Prices and Shipping Costs
4.1. All prices displayed on the seller’s website include the current statutory value added tax.
4.2. Additionally to the indicated prices the seller charges shipping costs for delivery. Shipping costs will be clearly disclosed to the customer on a separate information page during the ordering process.

5. Shipment, Product Availability
5.1. If agreed upon advance payment, delivery will take place after receiving the invoice amount.
5.2. Should not all products ordered be in stock, the seller reserves the right to partial deliveries at his own expenses, as far as this is reasonable for the customer.
5.3. In case the delivery fails due to customer’s culpability, even though the delivery service tried three times, the seller can withdraw from the contract. (If any,) payments will be refunded to the customer immediately.
5.4. If the ordered product is not available due to circumstances that the seller’s supplier does not deliver the product for no fault of the seller’s own, the seller can withdraw from the contract. In this case the seller will inform the customer immediately and may propose the delivery of a similar product. If there is no similar product available or if the customer refuses delivery of a similar product, the seller will refund any services/payments rendered so far immediately.
5.5. Customers will be informed about delivery times and delivery restrictions (e. g. deliveries to certain countries only) on a separate information page or within the respective product descriptions.

6. Payment Terms
6.1. The customer may select between the available payment methods during the ordering process and before finally submitting the order. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is available, the payment has to be made within 30 days after receiving the products and the invoice. On all other payment methods payments have to be made in advance without deduction.
6.3. If third parties are commissioned with the handling of payments, e. g. PayPal, their terms and conditions apply.
6.4. If a maturity date has been agreed on the calendar and the customer fails to pay by the agreed date, then the customer will be immediately in arrears. In that case the customer has to pay the statutory default interest.
6.5. With the customer’s liability to pay default interest the seller does not foreclose a further claim to damages caused by delay.
6.6. The right to offset is available only if the customer’s counterclaims have been legally determined or acknowledged by the seller. The customer may only exercise any rights of retention if his counterclaims are based on the same contractual relationship.

7. Reservation of Ownership
Until payment has been made in full, the delivered products remain the property of the seller.

8. Liability for Material Defects and Warranty
8.1. Liability is governed in accordance with statutory provisions.
8.2. A warranty for the products supplied by the seller shall only be provided if this has been expressly stated. Customers will be informed about warranty conditions before initiating an order.

9. Liability
9.1. The following liability exclusions and restrictions apply without prejudice to the other statutory prerequisites for claims regarding a seller’s liability for compensation.
9.2. The seller shall be liable without limitations so far as the cause of damage is based upon intent or gross negligence.
9.3. Furthermore, the seller shall assume liability for the negligent breach of fundamental obligations whose breach endangers the fulfilment of the intent of contract or for the breach of obligations whose fulfilment enables the proper execution of the contract in the first place and upon whose adherence to the customer routinely relies. However, in this case the seller shall only be liable for the foreseeable damage typical to this type of contract. The seller shall not assume liability for the negligent breach of obligations other than the ones stated in the preceding sentences.
9.4. The foregoing limitations of liability shall not apply in cases of injury to life, body and health, for damages after the acceptance of a guarantee for the condition of a product, and for defects intentionally misrepresented by silence. Liability under the German Product Liability Act shall remain unaffected.
9.5. So far as the seller’s liability is excluded or limited, this shall also apply for the personal liability of employees, representatives and vicarious agents.

10. Storage of Contractual Text
10.1. The customer may print out the contractual text before submitting the order to the seller by using the print function of his browser during the last step of the ordering process.
10.2. Additionally, the seller shall send the customer an order confirmation to the email address provided by the customer including all order details. Together with the order confirmation the customer shall also receive a copy of the terms and conditions, the revocation instruction plus information about shipping costs, delivery- and payment term. If you have registered an account in our shop you are able to check your placed orders in your profile. Furthermore, we save the contractual text without making it accessible on the internet.

11. Privacy
11.1. The seller shall process the customer’s personal data for the intended purposes and in accordance with the statutory provisions.
11.2. Personal data provided for the purpose of ordering goods (e. g. name, email address, postal address, payment details) shall be used by the seller for the fulfilment and handling of the contract. The data shall be treated confidentially and shall not be forwarded to third parties not involved in the ordering, shipping and payment processes.
11.3. The customer has the right to receive information on request for free about personal data saved by the seller. Additionally, the customer has the right to demand the correction of inaccurate data as well as the blocking and deletion of his personal data insofar as there is no legal obligation to retain such data.
11.4. Further information about type, extent, place and purpose of the enquiry, processing and usage of the required personal data through the seller is available in the privacy statement.

12. Place of Jurisdiction, Applicable Law, Contractual Language
12.1. Jurisdiction and place of fulfillment is the seller’s place of business if the customer acts as a business person, a legal entity of public law or special fund under public law.
12.2. The Contractual Language is in English.

13. Note:
The EU commission offers the possibility for online dispute settlement on an online platform run by that institution. This platform is accessible via the following external link: http://ec.europa.eu/consumers/odr/. We are not obligated to participate at a dispute settlement. Alas, we are not able to offer the participation in such a process.