Terms of service

Contents

1. Scope
2. Conclusion of contract
3. Revocation
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability (warranty)
8. Applicable law
9. Alternative dispute resolution

 

1) Scope


1. 1 These General Terms and Conditions (hereinafter referred to as "GTC") of Francesco Vertuccio, trading under "Vérigié" (hereinafter referred to as "Seller"), apply to all contracts for the supply of goods concluded by a consumer or trader (hereinafter referred to as "Customer") with the Seller in relation to the goods presented by the Seller in his online shop. The inclusion of the customer’s own terms and conditions is hereby contradicted, unless otherwise agreed.

1. 2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that cannot be attributed predominantly to his commercial or independent professional activity.

1. 3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

 

2) Conclusion of contract


2. 1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to make a binding offer by the Customer.

2. 2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In this case, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button concluding the ordering process.

2. 3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in so far as the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the customer, in so far as access to the goods by the customer is decisive, or
  • by asking the customer to pay after placing his order.

If several of the above-mentioned alternatives are present, the contract is concluded at the time in which one of the above-mentioned alternatives occurs first. The period for accepting the offer begins on the day following the sending of the offer by the customer and ends on the fifth day following the sending of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2. 4 If a payment method offered by PayPal is selected, the payment is processed via the payment service provider PayPal (Europe) S. s r. l. et Cie, S. C. A. , 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www. paypal. com/en/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, subject to the terms of payments without a PayPal account, available at https://www. paypal. com/en/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method that can be selected by PayPal in the online ordering process, the seller declares the acceptance of the customer’s offer at the moment when the customer clicks on the button that completes the ordering process.

2. 5 If the payment method "Amazon Payments" is selected, the payment is processed via the payment service provider Amazon Payments Europe s. c. a. , 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), under the Amazon Payments Europe User Agreement, which can be viewed at https://payments. amazon. de/help/201751590. If the customer selects “Amazon Payments” as a payment method as part of the online ordering process, he/she also places a payment order to Amazon by clicking the button completing the order process. In this case, the seller declares the acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button completing the order process.

2. 6 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer after sending his order in text form (e. g. e-mail, fax or letter). The Seller shall not make the contract text accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the customer via his password-protected user account specifying the corresponding login data.

2. 7 Prior to the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input using the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.

2. 8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2. 9 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of withdrawal


3. 1 Consumers have a right of withdrawal in principle.

3. 2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

3. 3 The right of withdrawal does not apply to consumers who are not a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.



4) Prices and payment terms


4. 1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. VAT is not reported, as the seller is a small business within the meaning of the UStG. If necessary, additional delivery and shipping costs will be indicated separately in the respective product description.

4. 2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e. g. transfer fees, exchange fees) or import duties or taxes (e. g. customs duties). Such costs may also be incurred in relation to money transfer if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4. 3 The payment option(s) shall be communicated to the customer in the Seller’s online shop.

4. 4 If you select a payment method offered via the Shopify Payments payment service, the payment will be processed via the payment service provider Stripe Payments Europe Ltd. , 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller’s online shop. To process payments, Stripe may use other payment services, which may be subject to special payment conditions, to which the customer may be referred separately. For more information about Shopify Payments, please visit https://www. shopify. com/legal/terms-payments.

 

5) Delivery and shipping terms


5. 1 If the Seller offers to ship the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive.

5. 2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the return if the customer effectively exercises his right of withdrawal. In the event of the effective exercise of the right of withdrawal by the customer, the rules set out in the seller's cancellation instructions shall apply to the return costs.

5. 3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the forwarder, carrier or other person or institution designated for the execution of the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass only upon delivery of the goods to the customer or a person entitled to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer as soon as the seller has delivered the goods to the forwarder, carrier or otherwise designated person or institution for the execution of the shipment, if the customer entrusts the forwarder, carrier or otherwise designated person or institution for the execution of the shipment and the seller has not previously designated this person or institution for the execution of the shipment to the customer.

5. 4 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not the responsibility of the seller and that the seller has concluded a concrete cover deal with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5. 5 Self-collection is not possible for logistical reasons.


6) Retention of title


If the seller makes an advance payment, he retains ownership of the delivered goods until full payment of the purchase price due.

 

7) Liability for defects (guarantee)


Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Derogating from this, contracts for the supply of goods apply:

7. 1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • in the case of new goods, the limitation period for defects is one year from delivery of the goods;
  • rights and claims due to defects are excluded for used goods;
  • The limitation period does not start again if a replacement delivery takes place within the scope of the liability for defects.

7. 2 The above-mentioned limitations of liability and time reductions do not apply

  • for claims for damages and expenses of the customer,
  • in the event that the seller fraudulently concealed the defect,
  • for goods which have been used for a building in accordance with their usual use and which have caused its defect,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7. 3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7. 4 If the customer acts as a merchant i. S. d. s. 1 HGB, he is subject to the commercial obligation to investigate and report in accordance with s. 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7. 5 If the customer acts as a consumer, he is requested to complain to the supplier of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Applicable law


8.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.

8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who are not a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.


9) Alternative dispute resolution


9.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.

 

 

Updated 08.08.2024, 2:23 p.m.