General terms and conditions of business
General Terms and Conditions of VanStuff
§1 Applicability to entrepreneurs and definitions
(1) The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity (Section 13 of the German Civil Code).
§2 Formation of a contract, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders via our online shop http://www.vanstuff.de .(2) In the event of the conclusion of the contract, the contract is concluded with Vanstuff (owner Steffen Hengge) Wachsbleiche 11, D-87629 Füssen.(3) The presentation of the goods in our online shop does not represent a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.(4) When an order is received in our online shop, the following regulations apply: The consumer makes a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps: 1) Select the desired goods 2) Confirm by clicking the "Order" button 3) Check the details in the shopping cart 4) Press the "Checkout" button 5) Optional registration in the online shop after registration and entering the registration details (email address and password). 6) Re-check or correct the respective entered data. 7) Bindingly submit the order by clicking the "order with payment" or "buy" button. Before bindingly submitting the order, the consumer can return to the website on which the customer's details are recorded by pressing the "Back" button in the Internet browser they are using after checking their details and correct any input errors or cancel the order process by closing the Internet browser. We confirm receipt of the order immediately by an automatically generated email ("order confirmation"). With this we provisionally accept your offer. However, we reserve the right to revoke the concluded contract within 48 hours without giving reasons. (5) Storage of the contract text for orders via our internet shop: We will send you the order data and our general terms and conditions by email. You can also view the general terms and conditions at any time at http://www.vanstuff.de. For security reasons, your order data is no longer accessible via the internet.
§3 Prices, shipping costs, payment, due date
(1) The prices stated include statutory sales tax and other price components. Any shipping costs are added. (2) The consumer has the option of paying in advance by bank transfer, PayPal, or credit card payment. Please note that various payment options are also processed via the financial service providers Paypal & Mollie. However, a Paypal account is not necessarily required for this.
(2) If purchase on account without advance payment is agreed, a payment period of 14 days from the invoice date applies.
§4 Delivery
(1) The delivery time stated in the product description is a guideline, as we manufacture each of our thermal or weather protection covers in the color, features and shape required by the customer after receiving the order. Delivery takes place within 40 working days at the latest. In the case of advance payment, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer, and for all other payment methods, the delivery period begins on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day. (2) The risk of accidental loss and accidental deterioration of the item sold only passes to the buyer when the item is handed over to the buyer, even in the case of mail order sales.
§5 Liability for Defects
1. The assertion of claims for defects by the customer requires that the customer has properly fulfilled his obligation to inspect and give notice of defects in the individual case in accordance with Section 377 of the German Commercial Code (HGB). Obvious defects must be reported in writing immediately, but no later than ten working days after receipt of the goods. Hidden defects must be reported in writing no later than ten working days after discovery of the defect. The above obligation to report a defect applies to the customer with regard to obvious defects even if there is no obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB), with the proviso that obvious defects must be reported in writing no later than ten working days after receipt of the goods.
2. The customer's obligation to inspect the goods extends to the entire delivery. Regardless of any defects, the goods must be accepted and stored properly. Defective goods must not be modified or put into use. Vanstuff.de must be given the opportunity to inspect the defective goods.
3. Vanstuff.de initially provides a warranty as part of subsequent performance by remedying the defect or delivering a defect-free item (replacement delivery), at its discretion. If Vanstuff.de is not willing or able to remedy the defect or deliver a replacement, in particular if this is delayed beyond reasonable periods or if the remedy of the defect/replacement delivery fails in any other way, the customer is entitled to withdraw from the contract or demand a reduction in price and compensation within the scope of the limitation of liability in accordance with Section 6.
4. If the customer receives defective assembly instructions, Vanstuff.de is only obliged to supply defect-free assembly instructions and only if the defect in the assembly instructions prevents proper assembly.
5. The customer does not receive any guarantees in the legal sense from Vanstuff.de. The manufacturer's guarantees remain unaffected by this.
6. For purely contract work based on the customer's drawings or with materials provided by the customer, Vanstuff.de is only liable for proper and professional work and execution. Vanstuff.de is not obliged to check the documents and materials provided by the customer.
7. Vanstuff.de does not accept liability for defects that occur and arise as a result of natural wear and tear, improper commissioning, operation and maintenance, or the use of unsuitable operating materials. Vanstuff.de is not liable for defects resulting from excessive use or building, weather and other environmental influences for which Vanstuff.de is not responsible after the transfer of risk. Vanstuff.de is not liable for the proper planning and compatibility of the contractual goods in an overall system not supplied by Vanstuff.de. Vanstuff.de is not liable if the contractual goods have been modified by a third party or by installing parts of a third party origin and the defect that occurs is causally related to the modification.
8. Vanstuff.de is only obliged to provide subsequent performance or remedy defects in purchased goods once the customer has fulfilled his payment obligation in the amount of the value of the defective services already provided.
9. If Vanstuff.de is obliged to take back goods that are the subject of a complaint or are defective, or if Vanstuff.de agrees to take back goods, the customer is obliged to give Vanstuff.de a reasonable deadline in writing to collect the goods. The customer is only entitled to return the goods after the deadline has expired. If the goods are returned before the deadline has expired, the customer will bear the return costs incurred.
10. Should it later emerge that Vanstuff.de has incurred costs or expenses in connection with subsequent performance or warranty, although either there was no defect or a warranty was excluded according to the above provisions, the customer must reimburse Vanstuff.de for the resulting costs and expenses.
11. The limitation period for claims for defects is twelve months, calculated from the transfer of risk, unless claims are made under a guarantee, the Product Liability Act or due to injury to life, body or health or due to a grossly negligent or intentional breach of duty or due to a fraudulently concealed defect. This does not apply if the law provides for longer limitation periods in accordance with Sections 438 Paragraph 1 No. 2, 634 a Paragraph 1 No. 2 of the German Civil Code and Sections 478 and 479 of the German Civil Code. The limitation period in the event of supplier recourse in accordance with Sections 478 and 479 of the German Civil Code also remains unaffected; it is five years calculated from the delivery of the defective goods. The regulations on the suspension of the expiry, suspension and restart of the limitation periods in accordance with the statutory provisions remain unaffected.
12. Claims based on data protection law are not covered by this liability regulation.
§6 Total Liability
1. Unless otherwise stated below, any liability for damages beyond that provided for in Section 6 - regardless of the legal basis - is excluded.
This applies in particular to claims for damages arising from negligence when concluding the contract due to other breaches of duty or due to tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB). The limitation according to the above provisions also applies if the customer demands compensation for wasted expenditure instead of a claim for compensation for damages or instead of performance.
2. The above liability exemption does not apply to claims by the customer based on the assumption of a guarantee for the quality of the contractual goods; for liability for damages due to injury to life, body or health as well as for liability under the Product Liability Act; in addition, insofar as the cause of the damage is based on intent or gross negligence or a defect has been fraudulently concealed by Vanstuff.de.
3. Vanstuff.de remains liable if Vanstuff.de culpably breaches a material contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. In this case, however, liability for damages is limited to the foreseeable, typically occurring damage.
4. If Vanstuff.de culpably breaches an insignificant contractual obligation, Vanstuff.de is not liable for damages that have not occurred to the contractual goods themselves. In this respect, liability for lost profits or other financial losses of the customer is excluded. This does not apply, however, if Vanstuff.de has given a guarantee of quality or durability and this guarantee includes liability for lost profits or other financial losses.
5. To the extent that the liability of Vanstuff.de is excluded or limited, this also applies to the personal liability of the employees, workers, staff, representatives and vicarious agents of Vanstuff.de.
§7 Retention of title
We reserve ownership of the goods until the purchase price has been paid in full.
§8 Final Provisions
1. The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
2. The contract language is German.
3. European Commission platform for online dispute resolution (ODR) for consumers:
We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
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Status of the General Terms and Conditions April 2023
