Terms of service
🛈 Terms and Conditions for End Customers
The separate terms and conditions for end customers can be found here
§ 1 Scope of Application
(1) These General Terms and Conditions of Sale (hereinafter referred to as “Terms and Conditions”) apply to all contracts concluded via our online shop for the delivery of goods between us,
| Company: | Vonmählen GmbH |
| Address: | Vor dem Bardowicker Tore 49, 21339 Lüneburg |
| Managing Director: | Julian Thormählen |
| Commercial Register: | Local Court of Charlottenburg, HRB 214901 B |
| Telephone number: | +49 4131 220 95 0 |
| Email address: | help@vonmaehlen.com |
(hereinafter referred to as “Vonmählen”)
and you as our customer. These Terms and Conditions apply irrespective of whether you are a consumer or a business customer (hereinafter referred to as the “Customer”).
(2) All agreements made between the Customer and Vonmählen in connection with the purchase contract result in particular from these Terms and Conditions, Vonmählen’s order confirmation and Vonmählen’s declaration of acceptance.
(3) The version of the Terms and Conditions valid at the time of conclusion of the contract shall apply.
(4) Deviating terms and conditions of the Customer shall not be accepted unless expressly agreed otherwise. This shall also apply if Vonmählen does not expressly object to their inclusion.
§ 2 Conclusion of Contract
(1) The presentation, product descriptions and promotion of items in our online shop do not constitute a binding offer by Vonmählen but merely invite the Customer to submit a binding offer.
(2) The Customer may submit a binding offer via the order form in the Vonmählen online shop. By clicking the button “order with obligation to pay” at the end of the ordering process, the Customer submits a binding offer to conclude a purchase contract. The Customer shall be bound by this offer for fourteen (14) days.
(3) Vonmählen will then send the Customer an automatic order confirmation by email. This confirmation merely acknowledges receipt of the Customer’s offer and does not constitute acceptance of the contract.
(4) A contract shall only be concluded upon Vonmählen’s explicit acceptance of the Customer’s offer, either by shipping confirmation, dispatch of the ordered goods or request for payment.
(5) If delivery of the goods ordered by the Customer is not possible, for example because the goods are not in stock, Vonmählen shall refrain from accepting the offer. In this case, no contract shall be concluded. Vonmählen will inform the Customer without undue delay and refund any consideration already received without undue delay.
(6) Order processing and communication with the Customer usually take place by email. The Customer must ensure that the email address provided during the ordering process is correct and that emails sent by Vonmählen can be received.
(7) Orders cannot be revoked.
§ 3 Delivery Conditions
(1) Vonmählen is entitled to make partial deliveries, provided this is reasonable for the Customer.
(2) The delivery period results from the order confirmation. However, the delivery period shall only commence after all order details have been fully clarified and all data, documents or approvals to be provided by the Customer have been received.
(3) Vonmählen shall not be responsible for delivery delays caused by force majeure or strikes, even in the case of binding delivery dates.
(4) Vonmählen shall only be obliged to deliver the goods once the purchase price plus shipping costs has been credited to one of our business accounts via the payment method selected by the Customer or the agreed advance payment.
(5) Unless otherwise agreed, delivery shall be made free domicile within Germany.
(6) The risk of accidental deterioration or accidental loss of the goods shall pass to the Customer upon delivery of the goods.
§ 4 Prices, Shipping Costs and Payment Terms
(1) All prices stated in the online shop are net prices plus statutory VAT and exclude applicable shipping costs.
(2) Shipping costs are stated in the prices displayed in Vonmählen’s online shop. The total price including VAT and applicable shipping costs is also displayed in the order overview before the Customer submits the order.
(3) If Vonmählen fulfills the order by partial deliveries pursuant to § 4 (2), the Customer shall only incur shipping costs for the first partial delivery. If partial deliveries are made at the Customer’s request, shipping costs will be charged for each partial delivery.
(4) If the Customer, as a consumer, validly withdraws from the contract, the Customer may, under the statutory conditions, request reimbursement of shipping costs paid for delivery to the Customer.
§ 5 Set-Off and Right of Retention
(1) The Customer is generally obliged to make advance payment. The purchase price shall be due immediately upon conclusion of the purchase contract and must be paid using the payment methods offered by Vonmählen.
(2) In the event of default, statutory default interest may be charged. Further claims for damages caused by default remain unaffected.
(3) The Customer shall not be entitled to set off claims unless the counterclaims have been legally established or are undisputed.
(4) The Customer may only exercise a right of retention if the counterclaim arises from the same purchase contract.
§ 6 Retention of Title
(1) The delivered goods shall remain the property of Vonmählen until full payment of the purchase price.
(2) The Customer is entitled to resell the goods in the ordinary course of business subject to retention of title. In the event of resale, the Customer hereby assigns all claims arising from the resale to Vonmählen as security with priority.
§ 7 Obligation to Inspect
(1) The Customer is obliged to inspect the goods immediately upon receipt and notify Vonmählen in writing of any obvious defects.
(2) If defects are not reported without undue delay, all claims arising from such defects shall be excluded and the goods shall be deemed approved.
(3) If a hidden defect becomes apparent at a later date, the Customer must notify Vonmählen immediately after discovery. Failure to do so shall exclude any further claims arising from the defect.
§ 8 Warranty
(1) Vonmählen shall be liable for material or legal defects in accordance with statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). We shall have the right, at our discretion, to remedy the defect (subsequent performance) or deliver replacement goods free of defects.
(2) Only our own product descriptions and the manufacturer’s product descriptions shall be binding regarding the quality of the goods, not public statements, comments or other advertising by the manufacturer.
(3) The warranty period shall be one (1) year from delivery of the goods.
(4) Vonmählen shall not be liable for damage resulting from failure to comply with technical instructions, improper or incorrect use, faulty installation or commissioning by the Customer or third parties, normal wear and tear or the use of unsuitable spare parts, unless such damage is attributable to us. Vonmählen’s liability is excluded in the event of improper modification of the product or improper repairs. Warranty claims are excluded for such damage.
§ 9 Liability
(1) Claims for damages by the Customer are excluded. This does not affect Vonmählen’s liability under statutory provisions for other damages resulting from intentional or grossly negligent breaches of duty, as well as fraudulent conduct, by Vonmählen, its legal representatives or vicarious agents.
(2) In all other cases, Vonmählen shall – unless otherwise provided in paragraph (3) – only be liable for breach of an obligation the fulfillment of which is essential for the proper performance of the contract and on the observance of which you as the Customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, Vonmählen’s liability is excluded subject to paragraph (3).
(3) Vonmählen’s liability for damages resulting from injury to life, body or health caused by a culpable breach of duty by Vonmählen, its legal representatives or vicarious agents remains unaffected by the above limitations and exclusions of liability.
(4) Vonmählen shall not be liable for damage caused by failure to comply with technical instructions, improper or incorrect use, faulty installation or commissioning by the Customer or third parties, normal wear and tear or the use of unsuitable spare parts, unless such damage is attributable to Vonmählen. Warranty claims are excluded for such damage.
(5) Vonmählen’s liability is also excluded for damages resulting from loss of data or the recovery of lost data.
(6) Where the scope of the German Product Liability Act (Produkthaftungsgesetz) is applicable, Vonmählen shall be liable without limitation in accordance with its provisions.
§ 10 Copyrights
(1) Vonmählen holds copyright or usage rights to all images, videos and texts published in the online shop. Any use of such images, videos and texts without Vonmählen’s express consent is prohibited.
(2) Vonmählen holds full copyright to all documents, drawings, cost estimates, samples, calculations, detailed information, photos and illustrations provided. The aforementioned materials may only be provided to third parties with our prior express written consent. If no order is placed with Vonmählen, the documents must be returned without undue delay.
(3) The Customer shall be responsible for ensuring that the documents, branding, drawings, samples, illustrations, photos or other materials provided by the Customer are free from third-party rights. Vonmählen is not obliged to verify this. Upon placing an order, the Customer shall indemnify Vonmählen against all claims asserted against it or us due to any infringement of rights.
§ 11 Electronic Communication
§ 12 Data Processing
For the purpose of performing the contract, Vonmählen processes the Customer’s data (e.g. collection and transfer of data). Vonmählen complies with the statutory data protection provisions. Further details can be found in Vonmählen’s Privacy Policy.
§ 13 Governing Law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer placed the order as a consumer and, at the time of the order, has their habitual residence in another country, the application of mandatory statutory provisions of that country shall remain unaffected by the choice of law in sentence 1.
(2) If the Customer is a merchant and, at the time of the order, has its registered office in Germany, the exclusive place of jurisdiction shall be Vonmählen’s registered office in Lüneburg. Otherwise, the applicable statutory provisions shall apply with regard to local and international jurisdiction.
(3) Should individual provisions of this agreement be legally invalid, the agreement shall remain binding in its remaining parts. In place of the invalid provisions, the statutory provisions shall apply, insofar as available.
§ 14 Final Provisions
If individual provisions of these general terms and conditions of sale are legally invalid, the agreement shall remain binding in its remaining parts. In place of the invalid provisions, the statutory provisions shall apply, insofar as available.