§ 1 Scope and provider

(1) These general terms and conditions apply to all orders that you place in the online shop Vertitruss OHG, Kiebitzweg 19 in 46395 Bocholt, Managing Director: Dennis Malyska.

(2) The product range in our online shop is exclusively aimed at buyers who own the 16. Have completed the year of life.

(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.

(4) Contract language is exclusively German.

(5) You can view the currently valid General Terms and Conditions on the
Website vertitruss.de and print it out.

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.

(2) By clicking on the button ["Order now with obligation to pay" / "Buy now"] you make a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of your purchase offer. A contract is not yet concluded through the confirmation of receipt.

(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without a prior express declaration of acceptance.

§ 3 prices

The prices stated on the product pages do not include the statutory value-added tax or other price components and do not include the VAT, if applicable, and respective shipping costs. Information on shipping costs is calculated directly on the "Shopping Cart" page, depending on the goods and quantities. If applicable, customs duties are due for importation into the destination country, which the buyer will have to pay wears himself.

§ 4 terms of payment; default

(1) Payment can be made by:
Invoice in advance, cash on delivery, credit card,
Paypal or direct debit.

(2) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, for example only prepayment to hedge our credit risk.

(3) If you select the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days of receipt of the order confirmation.

(4) When paying by cash on delivery, an additional fee of EUR 7 will be charged, which the deliverer will charge on site. There are no other costs or taxes.

(5) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account is actually charged at the time we send the goods to you.

(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

(7) When paying by direct debit, you may have to bear the costs that arise as a result of a reverse booking of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account details.

(8) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. A reminder fee of EUR 2,50 will be charged for every reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.

§ 5 Offsetting/right of retention

(1) You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or is closely synallagmatic with our claim.

(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; retention of title

(1) Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.

(2) The goods remain our property until full payment of the purchase price.

(3) As an exception, we are not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but have not been supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:

- We reserve title to the goods until all claims from the current business relationship have been settled in full.
Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

– You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.

- When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

§ 7 cancellation policy

In the event that you are a consumer within the meaning of § 13 BGB, i.e. make the purchase for purposes that cannot be attributed to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.
Right to cancel

You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The withdrawal period will expire after XNUMX days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
In order to exercise your right of withdrawal, you must send us
Company: Vertitruss OHG
Address: Kiebitzweg 19, 46395 Bocholt
E-Mail: info @vertitruss.de
by means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have to return the goods to us or to [if applicable. Name and address of a person authorized by you to accept the goods]. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of cancellation terms

(1) The right of withdrawal does not apply to the delivery

– of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and name),

– sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

– of goods if these were inseparably mixed with other goods after delivery due to their nature,

– sound or video recordings or computer software in a sealed package if the seal has been broken after delivery,

– from newspapers, periodicals or magazines with the exception of subscription contracts.

(2) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.

(3) Please send us an email to info@vertitruss.de to announce the return. In this way, you enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of cancellation.

§ 8 Damage in transit

(1) If goods are delivered with obvious transport damage, please report such errors immediately to the deliverer and please contact us as soon as possible.

(2) Failure to file a complaint or contact us will have no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

§ 9 Warranty

(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used items - deviating from the statutory provisions - is one year. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages that are based on an intentional or grossly negligent breach of duty by the user or its vicarious agents.

(3) In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with Section 438 (1) No. 3 BGB.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications:

- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

- You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.

- In the event of defects, we guarantee, at our option, either repair or replacement (supplementary performance). In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.

- The warranty period is one year from date of delivery.

§ 10 Liability

(1) Unlimited liability: We have unlimited liability for willful intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.

(2) The following limited liability also applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.

Section 11 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with their online order without going to court. The dispute resolution platform is at the external link http://ec.europa.eu/consumers/odr/ reachable.
We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.

§ 12 Final provisions

(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.

(2) German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Status: April, 2020

Copyright: HÄRTING Lawyers, http://www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115, 030 Berlin, Tel. (28) 30 57 40 030, Fax (28) 30 57 4 XNUMX