As of February 2016
The following general terms and conditions apply to the exclusion of other general terms and conditions for the business relationship between the customer and Viba sweets GmbH (hereinafter Viba). Decisive is the version that is valid at the time of the order. Rights which we are entitled to according to the statutory provisions beyond these general terms and conditions remain unaffected.
2. Contracting party
The sales contract is concluded with Viba sweets GmbH, Managing Director Karl Heinz Einhäuser and Holger Storch, Die Aue 7, 98593 Floh-Seligenthal, Commercial Register Jena HRB 301837. You can reach us for any questions, complaints or objections weekdays from 8:00 to 16 : 30 o'clock under the telephone number 03683/6921 - 140 as well as by E-Mail under email@example.com.
3. Offer and conclusion of contract
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog dar. Errors are reserved. By clicking the button 'Submit order' you submit a binding order of the goods contained in the shopping cart. Confirmation of receipt of the order is made by automated e-mail immediately after sending the order. We accept your order with receipt of your money.
4. Right of withdrawal
There is a two-week right of withdrawal.
- Beginning of the cancellation policy -
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us
Viba sweets GmbH
Die Aue 7
Telephone 0 36 83/69 21 - 0
Fax: 0 36 83/69 21 - 115
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
consequences of Withdrawal
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. Viba sweets GmbH, Die Aue 7, 98593 Floh-Seligenthal, Phone 0 36 83/69 21 - 0, fax: 0 36 83/69 21 - 115, e-mail: firstname.lastname@example.org to send back or to hand over. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
-- End of revocation --
Note on the right of withdrawal: A right of withdrawal exists according to § 312g Abs. 2 BGB u.a. not in contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer (eg individually designed nougat bars) and it expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery.
Sample - Withdrawal form
(If you want to cancel the contract, please fill in this form and send it back.)
To Viba sweets GmbH, Aue 7, 98593 Floh-Seligenthal, Fax: 0 36 83/69 21 - 115, E-Mail: email@example.com
Hereby I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
Goods (*) / Provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
5. European online dispute resolution platform
EU Regulation No 524/2013 has provided an interactive website for the online resolution of consumer disputes. Through this online dispute resolution platform, it is possible to resolve disputes arising from online legal transactions out of court. You can find direct access to the online dispute settlement platform of the European Commission under the following link: http://ec.europa.eu/consumers/odr/.
6. Prices and shipping costs
The prices stated on the product pages include VAT and other price components. The prices are valid at the time of the order.
In addition to the prices quoted, we charge a flat rate of EUR 4.90 per order for delivery within Germany. Orders within Germany over 30 EUR value of goods are free of charge. The shipping costs are clearly communicated to you on the product pages, in the shopping cart and on the order page.
Delivery is currently with DHL or Spedition Kraftverkehr Nagel GmbH & Co. KG. Unless otherwise expressly agreed, the delivery will be made from our warehouse to the delivery address specified by you.
The delivery time is 3 - 4 working days after payment within Germany. We refer to any deviating delivery times on the respective product page. If the outside temperatures are too high during the summer months, we reserve the right to a temporary delivery stop. During this delivery stop we do not ship any goods. The orders will be delivered at the next possible date. Partial deliveries are permitted. If delivery of the ordered item is not possible due to lack of availability, you will be informed immediately. In this case, we can withdraw from the purchase contract. Statutory claims remain unaffected.
Payment can be made by cash in advance, credit card (MasterCard, Visa) or PayPal. The latter are handled by our payment service provider Wirecard. When the goods are shipped, the invoice will be sent by e-mail, if no e-mail address is provided, by post to the billing address specified by the purchaser.
When selecting the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. If you pay in advance, the order can be canceled by us after three weeks, if no payment has been received by then.
9. Liability for defects
For claims due to defects in the delivered goods, the statutory provisions apply.
10. Liability for the rest (other liability than liability for defects)
1. We are fully liable for intent and gross negligence. In the event of a slightly negligent breach of a primary obligation or a secondary obligation, the breach of which jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper performance of the contract in the first place and on whose compliance the customer could rely ("essential secondary duty"), our liability is foreseeable , contract-typical damages limited. We are not liable for the slightly negligent violation of ancillary contractual obligations, which do not belong to the essential subsidiary obligations.
2. Liability for fraudulent concealment of defects or assumption of a quality guarantee as well as liability for claims based on the Product Liability Act and for damages resulting from injury to life, limb or health shall remain unaffected. A change in the burden of proof to the detriment of the customer is not associated with this.
3. With the exception of claims arising from tort, claims for damages by the customer for which liability is limited according to this clause become statute-barred one year from the beginning of the statutory limitation period.
4. Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, employees, employees, representatives and vicarious agents.
The responsible body within the meaning of the valid data protection laws is Viba sweets GmbH, Die Aue 7, 98593 Floh-Seligenthal, Germany.
12. Choice of law
1. All legal disputes arising out of or in connection with the purchase contract are governed exclusively by German law.
2. Insofar as the customer is a consumer, the law of the Federal Republic of Germany shall apply, but only insofar as no compelling statutory provisions, in particular consumer protection regulations, are in conflict.
3. The application of the UN Sales Convention is excluded
13. Special rules for entrepreneurs i. P. V. § 14 BGB
For a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity (Entrepreneur i. S. v. § 14 BGB) is deviating from or in addition to the above terms and conditions, what follows :
1. Until full payment, the goods remain our property.
2. There is no right of withdrawal.
3. You are only entitled to set-off if your counterclaims have been legally established by a court or are undisputed or acknowledged in writing by us.
4. You can only exercise a right of retention if the claims result from the same contractual relationship.
5. Without exception, the law of the Federal Republic of Germany applies.
6. The registered office of Viba is deemed to be the place of jurisdiction.