General terms and conditions of business for VANOOK – Wagner Weimann GbR
1. General, applicability, customer group, language
(1) All offers, sales agreements, deliveries and services connected to orders of our customers via our online store www.vanook.com (hereinafter referred to as the “webshop”) are subject to these general terms and conditions of business. In particular, they shall apply in respect of all deliveries between ourselves and a consumer in the version valid at the time of the order.
(2) The product range in our webshop is tailored towards consumers living in the European Union (EU). For the purpose of these general terms and conditions of business, a consumer is any natural person who concludes the contract for a purpose which is neither commercial nor can it be attributed to the person’s independent professional occupation (§ 13 of the German Civil Code – BGB).
(3) The terms and conditions of business of the Customer shall not apply, even if we do not separately object to their applicability in individual cases.
(4) The contracts with the Customer shall be exclusively concluded in the English language.
2. Conclusion of the contract, order
(1) Our goods presentation in the webshop merely represents a non-binding invitation to order a product from us.
(2) By means of entry and sending of an order in the webshop (which requires acceptance of these general terms and conditions of business), the Customer is making a binding offer to purchase the product concerned and to conclude a sales agreement. The Customer shall be bound by the offer until expiry of the third working day following the offer.
(3) We shall send the customer a confirmation of receipt of the offer immediately following its receipt. The decision as to whether we accept the order shall be at our discretion. Should we be unable to process an order, we will inform you of such immediately. The offer shall not be deemed to have been accepted by us until we bindingly declare its acceptance to the Customer (by email) or deliver the goods. The sales agreement with the Customer shall not come into existence until our acceptance has taken place.
(4) Should we ascertain when processing your order that the product which you have chosen is no longer available, we will inform you of such via email. A contract concerning the non-available goods shall not come into existence due to lack of acceptance of the offer.
(5) The order takes place in the following stages:
1. Selection of the requested goods
2. Confirmation by clicking “Add to My Bag” button
3. Checking of the details in the shopping basket
4. Confirmation via the “Checkout” button
5. Entry in the Internet shop
6. Repeat check and/or correction of the respective entered data
7. Accept Terms and Conditions
8. Binding transmission of the order
9. Confirmation via email
Prior to the binding transmission of the order, the consumer can re-access the Internet page on which the customer entries are gathered by clicking the “back” button in the Internet browser which they are using following a checking of their details and can correct entry errors or terminate the order process by closing the Internet browser.
(6) Saving of the contractual text in case of orders via our online store: We will save the order.
(7) Any customer who is a consumer is entitled to revoke the offer in accordance with the separate revocation instructions of which he or she is notified within the framework of the order on the website and to return the goods.
3. Right of revocation
Right of revocation
You have the right to revoke your contractual declaration within fourteen days in text form without giving any reasons. The deadline shall commence on receipt of these instructions in text form, however not prior to receipt of the goods by the recipient and also not prior to fulfilment of our information obligations in accordance with Article 246a § 1 Paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB), as well as our obligations in accordance with § 312d Paragraph 1 Sentence 2 BGB in combination with Article 246a § 4 EGBGB and § 312d Paragraph 1 Sentence 1 BGB. In order to exercise your right of revocation, you must inform us of your decision to revoke this contract by means of an express declaration (for example by post, registered letter or email). The declaration of revocation can also take place by means of return of the goods without an additional notice within the named revocation deadline.
Your declaration of revocation or return of the goods should be addressed to us at:
Wagner Weimann GbR
In case you wish to inform us of your decision to revoke the contract by means of an express declaration of revocation, you can use the attached sample revocation form. The use of the revocation form is not mandatory. The revocation can also take place by means of a simple informal declaration addressed to us.
In respect of compliance with the revocation deadline, it will suffice if you forward the notice of the right of revocation or the goods to us before the expiry of the revocation deadline.
Consequences of revocation
Should you revoke this contract, we will immediately return all payments which we have received from you, including delivery costs (excluding any additional costs which may be due to you having chosen a different type of delivery than the low cost standard delivery offered by us) and at the latest within 14 days of the date on which the notice of your revocation of this contract or the returned goods were received by us. For this refund, we will use the same means of payment as you used in the original payment transaction, unless another payment method has been expressly agreed with you. On no account will you be charged any fees in connection with this refund. We shall be entitled to withhold payment of the refund until we have taken return receipt of the goods or until you have provided proof that you have returned the items. The respective earlier time shall be decisive in this respect.
You must return or hand over the goods immediately and at the latest within 14 days of the day on which you informed us of the revocation of the contract. The address is as follows:
Wagner Weimann GbR
The deadline will have been complied with if you dispatch the goods before expiry of the 14 day deadline. In case of revocation, the customer has to pay the postal charges for reshipment. You will only be responsible for any reduction in value of the goods if this reduction in value results from handling by you which is not necessary to ascertain the quality, properties and functioning of the goods.
Go to the revocation form: Returns Revocation
4. Legal notice / contracting partner
Wagner Weimann GbR (civil law partnership – Gesellschaft bürgerlichen Rechts)
Partners of the civil law partnership (GbR): Veronika Wagner and Svenja Weimann
Telephone: Germany: +49 89 33 98 08 24*
* calls from German landlines free-of-charge, otherwise in accordance with the tariff regulations of your provider for calls to German landlines
Value added tax ID: DE296111381, tax number: 148/240/90573
5. Prices, payment methods and invoicing
(1) Our prices include the respective statutory applicable value added tax. We offer free shipping inside Germany. To all other countries of the European Union the Customer must bear the cost of shipping, customs duties and similar taxes.
(2) The payment of the goods can be made according to the choice of the Customer in accordance with the proposed payment methods stated in the order process and in line with the terms and conditions stated therein. Possible means of payment are advance payment and bank Paypal. On the request of the Customer who is stated in the order form, we will also deliver the goods in consideration of payment at our business premises (name of location and address respectively).
(3) Should the consumer have chosen payment by means of advance payment, he or she shall be obliged to pay the purchase price immediately following conclusion of the contract.
(4) The Customer shall not acquire any right of set off or retention, unless the counterclaim is undisputed or recognised by a court of law.
6. Dispatch of the goods, shipping costs, cost of reshipment
(1) We will send the goods to the Customer at the latest by the delivery date which is visible on the respective offer page (date of handover of the goods by us to the shipping company). These can be exceeded by up to two working days. Should no shipping date be stated, goods which are identified as “in stock” will be dispatched at the latest on the fifth working day (subject to a permitted sale in accordance with Paragraph 2 of this Number) and all other goods within three weeks. The deadline which is decisive in respect of the determination of the shipping date shall commence respectively
(a) if delivery against prepayment is agreed, on the date of receipt of the full purchase price (including value added tax and shipping costs),
(b) in case of payment by means of the respective other payment methods, when payment is made.
(2) Should the item be identified as being “in stock” at the time of the Customer offer in the webshop and should delivery against prepayment take place, we will hold the goods in stock within a period of five working days following our acceptance of the offer; should the payment not be received by us during this period, we shall be entitled to sell the goods at any time. In such a case, the dispatch shall only take place within the named deadline of five working days if stocks permit. Otherwise, a deadline of three weeks following receipt of payment is deemed to have been agreed.
(3) Should the goods not be deliverable or not be deliverable on time, we will immediately notify the Customer of such. Should the item not be available from our supplier for the foreseeable future, we shall be entitled to rescind the sales agreement. In case of rescission, we shall immediately refund the Customer in respect of any payments made to us. The statutory rights of the Customer due to delivery delays shall not be affected by the provision above, whereby the Customer can only bring a claim for damages in accordance with the special provision of Number 9 of these general terms and conditions of business.
(4) The VANOOK online store charges no fees for packaging and shipping in Germany via DHL, if stocks permit. The delivery time amounts to approximately 2 to 5 working days following dispatch of the goods.
For shipping to Belgium, Denmark ( except Färöer, Greenland), Estonia, Finland (except Aland), France (except overseas regions), Ireland, Itlay ( except Campione d’Italia, Livigno, San Marino, Vatican City), Latvia, Lithuania, Luxembourg, Netherlands (except overseas regions), Austria, Poland, Portugal ( except the Azores, Madeira), Sweden, Slovakia, Switzerland, Slovenian, Spain ( except The Canary Islands, Ceuta, Melilla), Czech Republic, Hungary, United Kingdom and Northern Ireland ( except overseas regions), we normally require 3 to 8 working days.
The shipping and packaging fee for to the above-named countries amounts to 12,00 Euros to the customers expense.
Also we ship to the US, Canada, Australia, China and Japan using DHL Premium. Shipping costs for these countries are 25,00 € to the customers expense. It will take about 12 working days to ship.
(6) Should goods be delivered with obvious damage to the packaging or the contents, the Customer must make an immediate complaint to the delivery agent concerned, regardless of the warranty rights of the Customer, and must reject acceptance. The Customer must also make immediate contact with the VANOOK online store via telephone (Germany): +49 89 33 98 08 24* or by an alternative means (email or post), so that the Wagner Weimann GbR can assert any rights in relation to the delivery company.
*Germany: The costs of a call to a German landline will be charged. The amount of the charge depends on your tariff and provider.
(7) In case of revocation the customer has to pay for the postal fees of reshipment.
7. Dispatch, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we will determine the reasonable means of transportation and the shipping company at our discretion.
(2) We shall only be responsible for the timely and proper delivery of the goods to the shipping company and shall not be responsible for delays caused by the latter. Therefore, a shipping duration named in the webshop shall be non-binding.
(3) The risk of possible destruction, damage or loss of the delivered goods shall be assigned to the Customer once the goods are delivered to him or her or the Customer enters acceptance default.
(4) We will insure the goods against the usual transportation risks at our expense.
8. Retention of title
(1) We shall retain the ownership of the goods delivered by us until full payment of the purchase price in respect of the item(s) concerned has been received (including value added tax and shipping costs).
(2) The Customer shall not be entitled to sell on the goods delivered by us which are subject to retention of title without our prior written consent.
(1) Unless expressly agreed otherwise, the statutory warranty provisions shall apply. Should the delivered goods demonstrate material defects, the Customer shall be entitled to choose between correction of the defects or the delivery of defect-free goods. We shall be entitled to refuse the type of supplementary performance chosen by the Customer if this is only possible with disproportionately high costs.
(2) Should the supplementary performance in accordance with Number 9 (1) fail, should it be unreasonable to the Customer or should we reject supplementary performance, the Customer shall be entitled to rescind the sales agreement, reduce the purchase price, bring a claim for damages or demand reimbursement of his or her futile expenses. The separate provisions of Number 10 of these general terms and conditions of business shall also apply in respect of damages claims on the part of the Customer.
(3) The warranty period shall be two years from the time of receipt of the delivery.
(4) The following shall apply in relation to entrepreneurs only: The Customer shall immediately and carefully inspect the goods following delivery. The delivered goods shall be deemed to have been accepted by the Customer if a defect is not notified to us
(a) in case of obvious defects within five working days of delivery or otherwise
(b) within five working days of discovery of the defect.
(1) Regardless of legal reason, we shall only incur liability in case of intent and gross negligence, also on the part of our representatives or vicarious agents.
(2) In case of simple negligence, we shall only incur liability as follows:
a) for losses connected to injury to life, body or health,
b) for losses due to the breach of a significant contractual obligation (a duty whose fulfilment is absolutely necessary for the proper performance of the contract and on whose compliance the contracting partner relies and may rely); in such a case, our liability shall however be limited to compensation for the foreseeable and typically occurring loss.
(3) The restrictions of liability above shall not apply if we have fraudulently concealed a defect or have provided a guarantee in respect of the quality of the goods. The same shall apply to claims in accordance with the German Product Liability Act (Produkthaftungsgesetz).
11. Data protection
(1) We may process and save the data connected to the respective sales agreements, provided this is necessary for the performance and execution of the sales agreement and should we be required to store the said data due to statutory regulations.
(2) We reserve the right to forward personal data of the Customer on to credit agencies should this be necessary for the purpose of a credit check, provided that the Customer has declared his or her express agreement to such in an individual case. Otherwise, we shall not forward the personal customer data on to third parties without the expressly declared agreement of the Customer, unless we are legally obliged to hand over such information.
12. Applicable law and place of jurisdiction
(1) The sales agreement between ourselves and the Customer shall be subject to the law of the Federal Republic of Germany with reservation of mandatory regulations under international private law and to the exclusion of the UN Convention on the International Sale of Goods.
(2) Exclusive jurisdiction is Munich (Germany).