General Terms and conditions
- 1. Scope
- 2. Contractor
- 3. Offer and Conclusion
- 4. Prices
- 5. Shipping & Returns
- 6. Due date, Payment and Reservation of Title
- 7. Warranty
- 8. Limitation of Liability
- 9. Performance, Jurisdiction and Applicable Law
1.1. These terms and conditions apply to all offers, deliveries and services of Vivid Ventures GmbH, below: Vivid Ventures GmbH or WE, operated by the online shop in its current version at the time of contract conclusion. Conflicting terms and conditions of customer are not part of the contract without the express opposition of Vivid Ventures GmbH even in case of delivery.Contractor
2.1. Der Kaufvertrag kommt zustande mit der:
Vivid Ventures GmbH
Geschäftsführer: Fabian Grünewald, Benjamin Thaler
Handelsregister: Amtsgericht Berlin-Charlottenburg HRB: 125148 B
3. Offer and Conclusion
3.1. The presentations of our products in our online shop Vivid Ventures GmbH are not deemed legally binding offers within the meaning of § 145 ff. BGB, they rather present a non-legally binding catalog subject to errors with the invitation to order our products. By clicking the button "Order" in the last step of the ordering process, you make a binding order of the goods placed in the shopping cart, and thus a binding offer to conclude a sales contract. The sales contract is concluded either by confirmation of receipt of your order by sending an order confirmation via e-mail after receiving your order, or by delivery of the goods within 10 days after receipt of order, or if Vivid Ventures GmbH accepts the offer by delivering the ordered products or by confirming delivery to customer by sending an e-mail "Shipping Confirmation". If products from the same order are not listed in the "Shipping Confirmation", no sales contract is concluded. In case of “payment in advance” the sales contract is already concluded upon receipt of customer’s order and shipment of the request of Vivid Ventures GmbH to advance payment. If Vivid Ventures GmbH cannot accept the order, instead of acceptance customer will informed about the unavailability of the ordered goods. Purchases prices already paid will be refunded immediately.Prices
4.1. Prices listed on the product pages include VAT.Shipping & Returns
5. Shipping & Returns
5.1. Vivid Ventures GmbH is entitled to partial deliveries, provided that they are reasonable for customer. Customer bears the cost of shipping. If partial deliveries are carried out by Vivid Ventures GmbH, Vivid Ventures GmbH bears the additional shipping costs.
5.2. Delivery is available in Germany with DHL, in all other countries with either DHL or UPS.
5.3. Information on the estimated delivery time is not binding, unless Vivid Ventures GmbH gives customer a written binding commitment in each individual case.
5.4. For goods imported into countries outside of Germany import restrictions and import duties may exist which customer has to bear. These vary in the different customs territories. Customer is responsible for correct payment of the required duties and fees.
5.5. If consumer exercises his right of withdrawal, he bears the regular costs of returning the goods, if the delivered goods correspond to the goods ordered and if the price of the goods to be returned not exceeds 40, - €, or, in case of a higher price at the time of withdrawal, consumer has not rendered its consideration or has not paid a contractually agreed partial payment of the revocation. Otherwise, the return is free of charge.Due date, Payment and Reservation of Title
6. Due date, Payment and Reservation of Title
6.1. Unless otherwise agreed in individual cases, deliveries are only carried out if payment is made in advance.
6.2. Vivid Ventures GmbH only accepts payment methods indicated to customer during the ordering process.
6.3. The purchase price and any applicable shipping costs will be due no later than upon full delivery. When paying by direct debit and credit card debit is effected at the date of invoice.
6.4. Vivid Ventures GmbH reserves the right, especially in cases where at the time of the order other outstanding invoices are included in the dunning run, to demand advance payment in the amount of the order value plus shipping costs. The same applies if the value of all orders at the time of a new order exceeds the sum of outstanding invoices or already placed orders for shipment by more than EUR 100, - €. A request to pay in advance will also be received by any customer whose credit reaches or exceeds 30 percent of its current account volume. The order will only be processed after payment.
6.5. For entrepreneurs: The processing or transformation of items is always done for and behalf of us. If the item is processed, Vivid Ventures GmbH acquires title to the newly created item in proportion to the value of the item to the newly created item (final invoice amount including VAT). If the item is inseparably mixed with other items not belonging to Vivid Ventures GmbH then Vivid Ventures GmbH acquires joint ownership of the new item in proportion to the value of the item (final invoice amount including VAT) to the value of the other mixed items at the time of mixing. The item may be sold by customers in the way of the ordinary course of business. He already assigns to Vivid Ventures GmbH any claims arising from the resale in the amount of outstanding accounts, however customer is entitled to collect the debt. Vivid Ventures GmbH agrees not to collect the debt, unless customer is in default and no application for insolvency proceedings has been filed.
6.6. Bis zur vollständigen Zahlung bleibt die Ware unser Eigentum.Warranty
7.1. The warranty is subject to the statutory provisions. For all defects occurring during the statutory warranty period of two years you have the legal right to subsequent performance and – if the legal requirements are met - the legal rights to reduction or cancellation as well as compensation.Limitation of Liability
8. Limitation of Liability
8.1. We exclude liability for any damages caused by ordinary negligence unless resulting from the violation of essential contractual obligations, damages resulting from loss of life, body or health or if product liability claims are affected. The same holds for breach of contractual obligations by any of our agents. Should essential contractual obligations be breached, ordinary liability is limited to damages typically associated with the contract or to predictable damages.Performance, Jurisdiction and Applicable Law
9. Performance, Jurisdiction and Applicable Law
9.1. For merchants, legal persons of public law and public law special fund, the place of performance is the place of business of Vivid Ventures GmbH. Jurisdiction in this case is the place of business of the company, otherwise the residence of the customer.
9.2. If these General terms and conditions in whole or in part are not part of the contract or become invalid, the remainder of the contract remains valid. As far as the provisions are not part of the contract or become ineffective, the content of the contract will be subject to the statutory provisions. The contract is only invalid if its performance in consideration of the amendments to be made ??according to statutory provisions is unreasonable for one party.
9.3. These General Terms and Conditions and all related disputes are only subject to the laws of the Federal Republic of Germany. The Uniform UN Sales Law Treaty, the Uniform Sales Law (ECG) and the Uniform Sales Law degree (EKAG) do not apply.
Version of November 28th 2011