General Terms and Conditions of Business and Delivery of VIA GmbH
1 Validity of the Terms and Conditions
The deliveries, services and offers of VIA GmbH (hereinafter referred to as the contractor) shall be made exclusively on the basis of these terms and conditions. These shall apply to all contracts concluded by the Contractor with clients (consumers, entrepreneurs) for the goods or services offered by the Contractor.
In the case of companies, these terms and conditions shall apply to all future business relations, even if they are not expressly agreed again; these terms and conditions shall be deemed accepted at the latest upon receipt of the goods.
The client accepts these conditions with his order. Deviating, conflicting or supplementary terms and conditions shall not become part of the contract, even if known, unless the contractor expressly agrees to their validity in writing.
Clients within the meaning of this condition are both consumers and entrepreneurs. Consumers within the meaning of this condition are persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of this condition are natural or legal persons with whom a business relationship is entered into and who act in the exercise of their commercial or self-employed activity.
2 Conclusion of contract
The offers contained in brochures, advertisements, catalogues and on the Internet presence (www.viamaterial.de) are - also with regard to price quotations and the presentation of colour samples - subject to change and non-binding. They do not constitute an offer, but are a non-binding invitation.
(1) The contractor assumes no liability for noticeable colour or structure deviations in the screen display of the colour samples on the Internet within the scope of what is reasonable, as these may deviate depending on the technical circumstances.
(2) The customer can order the desired goods via the Internet site or by fax. By ordering the desired goods, the customer declares his binding offer of contract.
If the order is placed via the client's website, the binding order is declared by clicking the "Send order" button as the last step of the ordering process.
(3) Acceptance of the binding contractual offer is effected by the Contractor sending a written order confirmation by post, email or fax within three working days. The contractor is entitled to refuse acceptance.
(4) The conclusion of the contract is subject to the condition precedent of the receipt of the payment of the remuneration specified on the order confirmation on the account of the contractor. The production of the ordered goods is triggered by this receipt of payment.
(5) In the case of custom-made products, the special agreements that are fixed in writing in advance shall apply.
(6) The conclusion of the contract shall be subject to the reservation that in the event of non-availability or only partial or improper availability of the goods, the contractor shall not or only partially perform. This shall only apply in the event that the non-availability is not the fault of the contractor. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately. The consideration for the unavailable goods shall be refunded without delay.
(7) The contract is concluded with VIA GmbH, proprietors Almut Lager and Norbert Kummermehr, Mainzer Straße 33 - 35, 55422 Bacharach am Rhein.
3 Cancellation policy
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (VIA GmbH, Mainzer Str. 33-35, 55422 Bacharach, Germany, mail@viamaterial.de, telephone: 06743 - 93 70 80) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged 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 the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods in the amount of EUR depending on the weight and postcode. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
Model withdrawal form
(If you wish to cancel the contract, please complete and return this form).
- To VIA GmbH, Mainzer Str. 33-35, 55422 Bacharach, Germany, mail@viamaterial.de
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication) - Date
(*) Delete where inapplicable.
Cancellation policy created with the Trusted Shops legal text editor
Only originally packed goods can be returned and custom-made products are excluded from return.
End of the cancellation policy
4 Prices and payment
(1) All prices quoted by us in euros include the statutory value added tax and other price components. Shipping costs, if any, shall be added.
(2) The customer may pay the purchase price by bank transfer.
(3) The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the contractor. The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
5 Delivery and transfer of risk
(1) Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the principal. In the event of changed instructions, the client shall bear the costs incurred as a result.
(2) If the customer has chosen payment in advance, the contractor shall not dispatch the goods before receipt of payment.
(3) The contractor reserves the right to deliver, the delivery periods are only approximate. If it is foreseeable that the delivery will take a longer period of time due to circumstances for which the contractor is not responsible, e.g. due to force majeure or other unforeseeable, extraordinary circumstances, the contractor undertakes to inform the customer of this in a suitable form and without delay.
(4) If no copies of the product selected by the Client are available at the time of the Client's order, this shall be apparent to the Client from the respective item description, in which the expected delivery date shall also be indicated in this case. If the expected delivery date is exceeded by more than four weeks, the client has the right to withdraw from the contract. In this case, the contractor shall also be entitled to withdraw from the contract. In this case, he shall immediately refund any payments already made by the customer. In the event of permanent non-deliverability of an item, the contractor shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(5) The contractor is entitled to make partial deliveries. Any additional shipping costs incurred due to partial deliveries shall be borne by the contractor.
(6) The risk shall pass to the customer as soon as the consignment has been handed over to the person carrying out the transport or has left the contractor's warehouse for the purpose of dispatch.
(7) The stated delivery times may change due to short-term sales.
6 Retention of title
The delivered goods shall remain our property until complete fulfilment of the purchase price claim by the client. In the event of behaviour contrary to the terms of the contract on the part of the client, the contractor is entitled to withdraw from the contract and to demand the return of the goods.
7 Material defects, warranty
The contractor shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods delivered by the contractor is twelve months from delivery. For consumers, the limitation period is 24 months from delivery of the goods.
Entrepreneurs must inspect the delivered goods for deviations in quality and quantity immediately after receipt of the goods and notify the contractor in writing of any recognisable defects within a period of one week from receipt of the goods; otherwise the assertion of warranty claims is excluded. Hidden defects must be reported to the contractor in writing within a period of one week from discovery of the hidden defect. Timely dispatch shall be sufficient to meet the deadline. The Contractor shall bear the burden of proof for all claim prerequisites, in particular for the defect itself.
Due to the fact that the goods have many natural components, there may be slight colour deviations from the original samples. Such minor colour deviations do not constitute a defect and do not justify any warranty claims.
8 Liability
(1) Claims for damages by the client are excluded. Excluded from this are claims for damages by the Client arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Contractor, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Contractor shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it concerns claims for damages by the Client arising from injury to life, body or health.
(3) The restrictions of paragraphs (1) and (2) shall also apply in favour of the Contractor's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The contractor is not liable for damage caused by improper use of the goods; this also applies to damage to other property of the client.
(5) The provisions of the Product Liability Act remain unaffected.
(6) The contractor is only liable for its own content on the Internet presence of its online shop. Insofar as the contractor provides access to other Internet pages via links, the contractor is not responsible for the content there. The contractor does not adopt these external contents as his own.
9 Data protection
The contractor undertakes to treat the client's data collected in the course of the execution of contracts confidentially in compliance with the provisions of data protection law (in particular the Federal Data Protection Act, the Teleservices Data Protection Act and the Telemedia Act).
For the use of the Client's data for the Contractor's advertising measures, the Contractor must obtain the Client's prior, express and revocable consent.
10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction is Mainz.
(3) The contract concluded between the contractor and the client, including these General Terms and Conditions, shall remain binding in its remaining parts even if individual points are legally invalid.
VIA GmbH
Mainzer Street 33 - 35
55422 Bacharach on the Rhine
Tel.: 06743 - 93708-0
Fax: 06743 - 93708-20
E-mail: mail(at)viamaterial.de
Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at ec.europa.eu/consumers/odr/.