Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Christoph Döbler) via the website vesutec.shop. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts 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 including digital content (data created and provided in digital form) .
(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or entry of your data there. Finally, on the website of the instant payment system provider or after you have been redirected back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser) or cancel the order in the order overview.
(4) Your inquiries for the creation 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 a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 License to use digital content
(1) The digital content offered is protected by copyright. For each digital content acquired from us, you receive a license to use it from the respective licensor. The type and scope of the license to use result from the license terms specified in the respective offer.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use further payment services; if special payment conditions apply, you will be informed separately about these. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Provision of services for vouchers (voucher conditions)
(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the imprint.
(2) Purchased vouchers entitle you to within the validity period (validity period) to. Vouchers can only be redeemed in our online shop at vesutec.shop or, if specified, in our local shop. The service description and the redemption conditions described therein at the time of purchase of the voucher apply.
(3) The validity period of the voucher is 3 years from purchase until the end of the calendar year, unless a different validity period is specified in the respective offer.
(4) A prerequisite for redeeming a voucher is the full payment of the purchase price for the voucher. The voucher must be redeemed during the electronic ordering process on our website by entering the voucher code in the designated input field. Subsequent offsetting is excluded. Any remaining credit remains on the voucher and can be used for further orders.
(5) Only one voucher can be redeemed per order.
(6) After the expiry of the withdrawal period or the lapse of the right of withdrawal for consumers, no refund or exchange will be made. A payout / partial payout of voucher amounts is not possible. Interest is not paid on voucher credit. In the event of exercising the statutory right of withdrawal for goods or services paid for with the voucher, the voucher amount included in the purchase price will only be credited as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.
(7) A transfer or assignment of the voucher is permissible.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or chattel mortgage is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 Warranty
(1) The statutory liability for defects applies.
(2) Insofar as you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from the delivery of the goods. The foregoing limitation does not apply:
(3) As a consumer, you are requested to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed by us about it before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) If you are an entrepreneur, the following applies deviating from the foregoing warranty regulations:
a) Only our own information and the manufacturer's product description are considered agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by rectification or replacement delivery. If the rectification of defects fails, you can, at your discretion, demand a reduction in price or withdraw from the contract. Rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the relocation corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us resulting from injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with rights to defects.
§ 8 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn thereby (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Seller's Identity
Christoph Döbler
Engelsdorfer Straße 373
04319 Leipzig
Germany
Phone: 034165243022
Email: kontakt@vesutec.de
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the "Conclusion of the Contract" provisions of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order, the contract data can be printed out or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again via email.
3.3. For quotation requests outside of the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g., via email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/
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 Terms
6.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process, and must be borne by you in addition, unless free shipping is promised.
6.3. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.4. Unless otherwise specified for individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.
7. Delivery Conditions, Provision
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions, as well as the conditions for the provision of digital content, can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, 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.
If you are an entrepreneur, delivery and shipment are at your risk.
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 created by the IT law specialists of Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/