General Terms and Conditions VaultingNews Shop
§ 1 Scope of application & provider
(1) Your contractual partner for all orders within the scope of this online shop (shop.vaultingnews.com) is VaultingNews represented by Adele Feuerstein, Herrnhuter Straße 4, 04318 Leipzig, Germany, hereinafter called “VaultingNews.
(2) These general terms and conditions govern all deliveries to the customers by the VaultingNews shop page, including all orders made or processed for products or services in connection with the site. They underlie all offers and agreements between VaultingNews and the customer for the and whole duration of the business relation. Any conditions of the customer standing contrary or deviating from these general terms and conditions are ineffective unless VaultingNews has agreed to them in writing.
§ 2 Responsibility for the online service
VaultingNews is responsible for all offered products, graphics and the design of the shop.
§ 3 Concluding of the contract
(1) The presentation of the products in the online shop is no binding offer by the supplier to conclude a purchase contract. Hereby the client is only asked to make an offer through his order.
(2) By sending the filled online order form the customer makes a binding offer to conclude a purchase contract. Before the final sending of the form the customer gets the possibility to check the accuracy and correct his data as well as deleting wrong products from the cart. For the ordering process the languages English and German are possible.
(3) The supplier confirms the receiving of the customer’s order with a confirmation e-mail. This order confirmation mail is no acceptance of the contract by the supplier. It is only an information for the customer that the supplier received the order. The declaration of the acceptance takes place by sending the customer an e-mail that the goods were shipped.
(4) The concluding of the contract occurs with reservations of punctual and complete incoming deliveries. This restriction does not apply for short-term disruptions of incoming deliveries and not when VaultingNews is responsible for the non-delivery, especially when VaultingNews missed to do a hedging transaction in time. The customer is informed about the unavailability of the performance instantly. Was the counterperfomance done, it will be returned.
§ 4 Delivery and shipment
(1) The delivery takes place during three weeks after the receipt of the order confirmation at the customer. Delivery dates and terms of delivery are only valid if they are particularly and in writing confirmed by VaultingNews.
(2) It is delivered worldwide.
(3) It will be delivered through a shipping service chosen by VaultingNews. The customer has to pay the postage expenses, which can depend on the order value and delivery location. Current prices can be seen on shipping prices
§ 5 Reservation of ownership
(1) The delivered goods stay VaultingNews’ property until it was fully paid by the customer.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
§ 6 Prices and maturity
(1) The specified prices are final prices for customers from EU states. They include all incurred taxes. According to § 19 UStG we do not charge the German sales tax, and consequently do not account it (small business status). Shipping costs are charged separately and separately stated in the invoice. Decisive is the ordered quantity and the delivery address.
(2) For orders from outside the specified prices are net prices. Decisive is the delivery address. Should a value added tax incur according to the laws of the recipient country it must be paid additionally when the goods are received. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay the postage expenses, which can depend on the order value and delivery location. Current prices can be seen on shipping prices.LINK
(4) The purchase price and the shipping costs without any deduction are immediately due.
§ 7 Payment
(1) The payment can be done via advance payment, credit card or PayPal.
(2) If the chosen payment method is not feasible despite agreed action on the part of VaultingNews in particular because the bank account balance is too low to cover the costs of the order or the data submitted is false, the customer is held responsible for all additional costs which accrue from resolving the payment.
§ 8 Warranty
(1) The information, drawings, illustrations and technical specifications as well as weight, size and performance specifications contained in the brochures, catalogues, circulars, advertisements, price list or in the documentation to the quotation are of an informative character. VaultingNews does not take responsibility for the correctness of aforementioned statements. Regarding any delivery of goods (kind and amount) the information contained in our written order confirmation shall exclusively be relevant.
(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
(3) In the case of return shipments due to defects VaultingNews will also pay for the cost of postage.
(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. Thus, VaultingNews shall not be liable for the continuous and uninterrupted availability of the online offer.
(5) If the customer is a merchant, to exercise the customer*s right to claim from warranty requires that the customer has met his obligations of examination and censure according to § 377 of the German Commercial Code (HGB).
(6) The statute of limitation for the delivered goods is limited to two years, starting with the receipt of the goods. If the customer is a businessman, the limitation period for guarantee claims is one year. The shortening of the period of limitation is not valid for claims for damages of the customer due to a loss of life, an injury of the body, of the health as well as for claims for compensation due to an injury of substantial contract obligations. Substantial contract obligations are such, whose fulfillment is necessary for reaching the goal of the contract, e.g. the supplier has to provide the product free from material defects and defects of and to transfer ownership to the customer. The shortening of the period of limitation is also not valid for claims for compensation for other damage that is based on a deliberate or grossly negligent breach of duty – also by al legal representative or a vicarious agent of the group of persons released from duty by VaultingNews or persons we engage to perform our obligations. For companies from the shortening of the period of limitation is the right of recourse according to § 478 BGB excluded.
§ 9 Disclaimer of liability
Furthermore, the liability of VaultingNews shall comply with the statutory provisions unless determined otherwise in these general terms and conditions. VaultingNews is only liable unlimited for damages done on intention and gross negligence. Furthermore, in the case of ordinary negligence, VaultingNews shall be liable for damages caused by injuries to life, body or health without any limitations. In the event of ordinary negligence and the breach of a fundamental contractual obligation (cardinal obligation), the liability of VaultingNews shall be limited to the compensation for foreseeable, typically resulting damages. Liability in accordance with the Product Liability Act (ProdHaftG) shall remain unaffected by the previous regulations.
§ 10 Information about the right of revocation for consumers
Right of revocation
You have the right to cancel your order within 14 days without giving reasons. The revocation period begins after you or by a third party indicated by the customer who is not the carrier took the last goods of the order in possession. To execute your right of revocation you have to inform us (Adele Feuerstein, VaultingNews, Herrnhuter Straße 4, 04318 Leipzig, Germany, phone +49 15159266597, firstname.lastname@example.org) with an unambiguous declaration about your decision to revoke the contract. Therefor you can use the attached model withdrawal form but this is not required. The timely dispatch of the revocation message or the goods shall be deemed sufficient for compliance with the revocation term.
Consequences of the revocation
If you revoke your contract, VaultingNews has to pay back all from you received payments including all delivery costs (except for additional costs from choosing an other kind of delivery than our cheapest standard delivery), instantly and latest within 14 days beginning with the day we received the message with your revocation. For the pay back we will use the same pay back method, which was used with your original order, unless we agree with you on an other. In no case we charge a fee for the pay back.
We can deny the pay back until we got the products back or we received the verification that the products were sent back depending on which is the earlier point in time. You have to commit or send the products back instantly & in any case latest until 14 days after the day you informed us of the revocation. This requirement of notice shall have been satisfied if the goods were dispatched before the end of the period. You bear the direct costs of the return of the products. The costs are estimated to maximum 5 EUR. You have to pay for an eventual loss of value only resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
Model withdrawal form
(Completely fill and return this form only if you wish to withdraw from the contract.)
Herrnhuter Straße 4
04318 Leipzig, Deutschland
Phone +49 15159266597, email@example.com
Hereby I/we* give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the following service: _____________
Ordered on (*)/ Received on (*) _______________
Name of the customer:
Address of the customer:
Signature of the customer (only if message on paper):
(*) Please cross off what is not applicable.
Exemption of the right of withdrawal
The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return.
§ 11 Technical deviations and changes in the design
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from variations usual in trade and technical production processes.
§ 12 Data protection
VaultingNews processes the customer’s personal data for a specific purpose and in accordance with the statutory provisions. The personal information provided when ordering merchandise (such as name, e-mail, address, payment details) is used by VaultingNews only for the purposes of executing and handling the contract and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer has the right to obtain information, upon request and free of charge, regarding the personal data VaultingNews has stored in respect of the customer and also the right to demand their correction or deletion, and to withdraw the consent for their further use, insofar as there is no legal obligation to retain such data
§ 13 Transfer and pledging prohibition
The assignment or pledging of the customer to the provider claims or rights without the consent of the provider is impossible without agreement of the supplier, except the customer has proven a legitimate interest in the transfer or pledging.
§ 14 Choice of law and jurisdiction
(1) The place of performance for all deliveries shall be the registered office of VaultingNews in Leipzig.
(2) The contractual relationship between seller and customer shall be governed by the law of the Federal Republic of German. Excluded from the choice of law are solely the strict stipulations of the customer protection law of the customer’s permanent country of residence. The UN Sales Convention does not apply.
(3) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and supplier is Leipzig, provided the buyer
is a merchant, a corporate body under public law or public separate estate.
§ 15 Salvatorius Clause
Should individual terms of this Agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this agreement, the legal effectiveness of the other provisions is not affected.
Version: January 2016