Terms of service
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 website (www.viaplatten.de) are - also with regard to price quotations and the presentation of colour samples - subject to confirmation 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 Client 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 which are fixed in writing in advance shall apply.
(6) The conclusion of the contract is 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 Right of revocation
The client may revoke his contractual declaration within two weeks without stating reasons in text form (e.g. letter, fax, e-mail) or - if the goods are handed over to him before the expiry of the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and para. 2 EGBGB (Introductory Act to the German Civil Code) and our obligations pursuant to § 312g para. 1 sentence 1 in conjunction with Article 246 § 3 EGBGB. Returns of delivered goods will not be accepted without the prior consent of the contractor. The timely dispatch of the revocation shall be sufficient to comply with the revocation period.
The right of revocation does not apply to contracts for the delivery of goods that are manufactured according to the client's specifications or that are clearly tailored to the client's personal needs or that are not suitable for return due to their nature.
The revocation is to be addressed to:
Via GmbH
Mainzer Street 33 - 35
55422 Bacharach
fax: 06743 - 93708-20
E-Mail: mail(at)viaplatten.de
Tel.: 06743 - 93708-0
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned. If the Customer is unable to return or surrender to the Contractor the performance received and any benefits (e.g. advantages of use), or is only able to do so in part or in a deteriorated condition, the Customer must compensate us for the loss of value.
The customer shall bear the costs of the return shipment. Goods that can be sent by parcel post are to be returned at the customer's own expense and risk to
Via GmbH
Mainzer street 33 - 35
55422 Bacharach
to Via GmbH. Goods that cannot be sent by parcel post will be collected from the client. Obligations to refund payments must be fulfilled within 30 days. The period begins for the client with the dispatch of his revocation or the goods, for us with their receipt.
End of the cancellation policy
4 Prices and payment
(1) All prices quoted by us in Euro include the statutory value added tax and other price components. In addition, there are any shipping costs.
(2) The customer can pay the purchase price by bank transfer.
(3) The Customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged 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 Customer. 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 goods, the delivery times 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 thereof in a suitable form and without delay.
(4) If no copies of the product selected by the Customer are available at the time of the Customer's order, this shall be apparent to the Customer 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 two 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 will immediately refund any payments already made by the customer. In case of permanent non-delivery of an item, the contractor refrains from a declaration of acceptance. In this case a contract is not concluded.
(5) The Contractor shall be 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.
6 Retention of title
The delivered goods shall remain our property until the purchase price has been paid in full by the customer. In case of breach of contract by the customer, 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 shall be twelve months from delivery. For consumers, the limitation period shall be 24 months from delivery of the goods.
Entrepreneurs must inspect the delivered goods for deviations in quality and quantity immediately upon receipt of the goods and notify the Contractor in writing of any visible defects within a period of one week from receipt of the goods; otherwise the assertion of warranty claims shall be excluded. Hidden defects must be reported to the Contractor in writing within a period of one week from the 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, minor color deviations from the original samples may occur. Such minor color deviations shall not constitute a defect and shall not give rise to any warranty claims.
8 Liability
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer 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 fulfillment 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 Customer arising from injury to life, body or health.
(3) The restrictions of paragraphs (1) and (2) shall also apply in favor of the Contractor's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The Contractor shall not be liable for damage caused by improper use of the goods; this shall also apply to damage to other property of the Customer.
(5) The provisions of the Product Liability Act shall remain unaffected.
(6) The Contractor shall only be liable for its own content on the Internet presence of its online store. Insofar as the Contractor provides access to other Internet sites by means of links, the Contractor shall not be responsible for the contents there. The contractor does not adopt these external contents as his own.
9 Data protection
The Contractor undertakes to treat the Customer'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 Customer's data for advertising measures of the Contractor, the Contractor must obtain the prior and explicit as well as revocable consent of the Customer.
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 shall be 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)viaplatten.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
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage