General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
The following terms and conditions apply to contracts concluded with us as the provider (Viktor Lang) via the website vlcomputers.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
The subject matter of the contract is the sale of goods.
By placing a product on our website, we already make a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
The contract is concluded via the online shopping basket system as follows:
Goods intended for purchase are placed in the “shopping basket”. You can access the shopping basket at any time via the corresponding button in the navigation bar and make changes there.
After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as payment and shipping details, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment provider.
If redirected, you will enter or select your details there. Finally, you will be shown the order overview either on the payment provider’s website or after being redirected back to our online shop.
Before submitting the order, you have the opportunity to review, amend (also via the browser “back” function) or cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy”, “buy now”, “place order with costs”, “pay”, “pay now” or similar), you declare legally binding acceptance of the offer, whereby the contract is concluded.
Enquiries for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g. by email), which you may accept within 5 days unless otherwise stated.
Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided is correct and that receipt of emails is technically ensured and not blocked by spam filters.
§ 3 Right of Retention, Retention of Title
You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
The goods remain our property until full payment of the purchase price.
If you are an entrepreneur, the following additionally applies:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring ownership as security is not permitted before ownership is transferred.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total. We accept the assignment. You remain authorised to collect the claims. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claims ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release securities at your request to the extent that the realisable value of our securities exceeds the secured claim by more than 10%. The selection of securities to be released is at our discretion.
§ 4 Warranty
The statutory rights for defects apply.
If you were informed prior to submitting your contractual declaration and this was expressly agreed, the limitation period for defect claims for used goods is one year from delivery. This limitation does not apply:
to damages attributable to us resulting from injury to life, body or health
to other damages caused intentionally or by gross negligence
if we fraudulently concealed the defect or assumed a guarantee
Consumers are requested to check goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier promptly. Failure to do so does not affect statutory warranty rights.
Deviations from objective requirements of the goods are deemed agreed only if you were informed prior to contract conclusion and the deviation was expressly agreed.
If you are an entrepreneur:
a) Only our own information and the manufacturer’s product description are deemed agreed characteristics of the goods.
b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If rectification fails, you may demand a price reduction or withdraw from the contract. Rectification is deemed to have failed after the second unsuccessful attempt unless otherwise indicated by the nature of the goods or defect.
c) The warranty period is one year from delivery. This does not apply to damages to life, body or health, gross negligence, fraudulent concealment or guarantees, building materials, or statutory recourse claims.
§ 5 Choice of Law
German law shall apply. For consumers, this applies only insofar as it does not deprive them of protection granted by mandatory provisions of the law of their habitual residence.
The UN Convention on Contracts for the International Sale of Goods shall not apply.
II. Customer Information
1. Identity of the Seller
Viktor Lang
Enzianweg 9
87656 Germaringen
Germany
Telephone: +49 8344 992 80 30
Email: info@vl-computers.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the contract conclusion itself and correction options are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language and Storage of Contract Text
3.1 The contract language is German.
3.2 The full contract text is not stored by us. Order data can be printed or saved electronically before submission. After receipt, order data and legally required information will be sent by email.
3.3 For offers outside the shopping basket system, contract data is sent in text form (e.g. email).
4. Essential Characteristics of the Goods or Services
These are set out in the respective offer.
5. Prices and Payment Terms
Prices stated are total prices including all taxes
No shipping costs apply
Bank transfer and exchange fees may apply for non-EU payments
Available payment methods are displayed on the website
Payments are due immediately unless otherwise stated
6. Delivery Conditions
Delivery terms and restrictions are shown on the website or in the offer.
Risk transfers to consumers upon delivery. For entrepreneurs, delivery is at your risk.
7. Statutory Warranty Rights
Warranty is governed by the “Warranty” section of these Terms and Conditions.
These Terms and Customer Information were prepared by lawyers specialised in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees legal security and assumes liability in the event of legal warnings.
More information:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service
Last updated: 22 October 2024