The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legally responsible partnership who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
In relation to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Vascavi GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided for this purpose in the ordering process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order, you will receive another confirmation by email.
3. Language of the Contract, Contract Text Storage
The available language(s) for concluding the contract: German
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery Conditions
In addition to the stated product prices, shipping costs will be added. You can find out more about the amount of shipping costs in the offers.
You generally have the option of picking up the goods from Vascavi GmbH, Feldkasseler Weg 2, Cologne, Germany during the following business hours: Monday – Friday from 10:00 a.m. to 5:00 p.m.
We do not deliver to packing stations.
5. Payment
In our shop, you can generally choose from the following payment methods:
- Advance payment: If you select the advance payment option, we will provide you with our bank details in a separate email and deliver the goods after payment has been received.
- Credit card: By placing the order, you provide your credit card details. Your card will be charged immediately after the order is placed.
- SEPA direct debit: By placing the order, you give us a SEPA direct debit mandate. We will inform you of the debit date at least one bank business day in advance (pre-notification). A bank business day is any weekday except Saturdays, federal holidays, and December 24th and 31st of each year. Debiting the account occurs before the goods are shipped.
- PayPal, PayPal Express: To pay the invoice amount via the PayPal payment service (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information is provided during the ordering process.
- PayPal Plus: In cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal Plus does not require registration with PayPal. Further information is provided for each payment option during the ordering process.
- PayPal: To pay the invoice amount via the PayPal payment option, you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.
- Credit card via PayPal: Your card will be charged by PayPal after the goods are shipped.
- Direct debit via PayPal: Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the debit date (pre-notification). Debiting the account occurs before the goods are shipped.
- Purchase on account via PayPal: Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.
- Sofort by Klarna: To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have an online banking-enabled bank account, authenticate yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after placing the order. Further information is provided during the ordering process.
- Giropay/paydirekt: In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”), we offer the payment methods giropay and paydirekt.
- Giropay: To pay the invoice amount via giropay, you must have an online banking-enabled bank account, authenticate yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after placing the order. Further information is provided during the ordering process.
- Paydirekt: To pay the invoice amount via paydirekt, you must have an online banking-enabled bank account, be registered with paydirekt, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by paydirekt immediately after the order is placed. Further information is provided during the ordering process.
- Klarna: In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided for each payment option during the ordering process.
- Purchase on account via Klarna: The invoice amount is due 14 days after the goods are shipped and the invoice is received.
- Klarna credit card: You provide your credit card details during the ordering process. Your card will be charged by Klarna immediately after the order is placed. No address and credit check takes place.
- Klarna direct debit: You grant Klarna a SEPA direct debit mandate. Klarna will inform you about the debit date (pre-notification). Debiting the account occurs after the goods are shipped.
- Invoice: The invoice amount is due 14 days after receiving the invoice and the goods by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
- Cash payment upon pickup: You pay the invoice amount in cash when picking up the goods.
6. Right of Withdrawal
Consumers have a statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of Title
The goods remain our property until full payment is made.
For entrepreneurs, the following applies in addition: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You are allowed to resell the reserved goods in the ordinary course of business; all claims arising from this resale are transferred to us in advance, regardless of whether the reserved goods are combined or mixed with a new item – to the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations. We will release the securities we are entitled to upon request, insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%.
8. Transport Damage
For consumers: If goods with obvious transport damage are delivered, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, carrier, or other person or institution designated to carry out the shipment.
9. Warranty and Guarantees
Applicability of the statutory warranty right
Unless expressly agreed otherwise below, the statutory warranty right shall apply. The following restrictions and shortened deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents:
- in case of injury to life, body, or health,
- in case of intentional or grossly negligent breach of duty and fraudulent intent,
- in case of violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations),
- within the framework of a guarantee promise, if agreed, or
- to the extent that the scope of application of the Product Liability Act is opened up.
Limitations for consumers
For the purchase of used goods by consumers: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
Limitations for entrepreneurs
For entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract are considered an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. The limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
Provisions for merchants
The merchant’s duty to examine and give notice of defects in accordance with § 377 HGB applies. If you fail to make the notification stipulated therein, the goods are deemed to have been approved, unless it is a matter of a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
Guarantees and customer service
Information on any additional guarantees and their precise conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints, and objections on weekdays from [hours] by phone at [phone number] and by email at [email address].
10. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable
- in case of injury to life, body, or health,
- in case of intentional or grossly negligent breach of duty,
- for guaranteed promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act is opened up.
In case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage that was foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final Provisions
If you are a merchant, German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is [place of jurisdiction].