GTC

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (VDV Benefit GmbH). Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can not predominantly be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts to exercise their independent professional or commercial activity.

(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by email, partly automatically. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, reservation of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain the title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not fulfil your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities which we are entitled to at your request if the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 4 Warranty

(1) The statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies contrary to the above warranty regulations:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification or subsequent delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless something else accounts for this, in particular from the nature of the item or the defect or the other circumstances. In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the time limit does not apply:

• For culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;  
• If we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;  
• In the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness; 
• In the case of statutory rights of recourse which you have against us in connection with rights arising from defects. 

§ 5 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country where the consumer habitually resides is not thereby withdrawn (favourability principle).

(2) The place of performance for all services arising from the business relations with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer information

1. Identity of the seller

VDV Benefit GmbH
Hüttenstr. 50
45527 Hattingen
Germany

Phone: +49 02324 681 666 0

Email: info@vdv-benefit.com

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the “Conclusion of the Contract” provisions in our General Terms and Conditions (Part I.).

3. Contractual language, contract text storage

3.1. The contractual language is German.

3.2. We do not store the complete text of the contract. Before submitting the order using the online shopping basket system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed using a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be met additionally by you, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment. If you are an entrepreneur, delivery and dispatch shall be at your risk.

7. Statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

§ 1 Scope of application, customer information

The following General Terms and Conditions govern the contractual relationship between VDV Benefit GmbH and consumers and entrepreneurs who purchase goods through our shop. We do not recognise any terms and conditions that conflict with or deviate from our terms and conditions. The contractual language is German.

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at http://ec.europa.eu/odr.

§ 2 Conclusion of contract

(1) The offers constitute a non-binding invitation to you to purchase goods.

(2) We are entitled to accept your offer within one working day by sending an order confirmation by email. After the fruitless expiry of the period referred to in sentence 1, your offer shall be deemed to have been rejected, i.e. you shall no longer be bound by your offer. In the case of an order placed by phone, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.

§ 3 Customer information: Storage of your order details

Your order will be stored by us with details of the concluded contract (e.g. type of product, price etc.). We will send you the GTC, but you can also access the GTC at any time after conclusion of the contract on our website.

§ 4 Retention of title, set-off; right of retention

(1) In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.

(2) You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

(3) If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

§ 8 Protection of minors

The offer and distribution of tobacco and alcohol products online is permitted without age verification systems. You will be asked to confirm that you are of age when ordering tobacco and alcohol products. Please note that you may be liable for damages here if you provide false information.

§ 9 Warranty

The warranty is governed by the statutory provisions.