Terms and Conditions
General Terms and Conditions
General Terms and Conditions of VIUS SE & Co. KGaA
§1 Scope of Application and Definitions
(1) The following General Terms and Conditions apply to all deliveries between us and you as our customer in the version valid at the time of the order. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) We do not accept deviating conditions. This also applies if we do not expressly object to their inclusion.
§2 Conclusion of a Contract, Storage of the Contract Text
(1) The following regulations regarding the conclusion of a contract apply to orders placed via our online shop https://www.shop.nius.de.
(2) In the event of a contract being concluded, the contract is made with
VIUS SE & Co. KGaA
Ritterstraße 24-27
D- 10969 Berlin
Register number HRB 245682 B
Registry Court: Amtsgericht Charlottenburg Berlin
.
(3) The presentation of goods in our online shop does not constitute a legally binding offer on our part, but merely a non-binding invitation to you to order goods. By ordering the desired goods, you submit a binding offer to conclude a purchase contract. The offer remains valid for two weeks.
(4) Upon receipt of an order in our online shop, the following provisions apply: You submit a binding contractual offer by successfully completing the order procedure provided in our online shop.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirmation by clicking the "Add to cart" buttons
3) Checking the information in the shopping cart
4) Clicking the "Checkout" button
5) Logging into the online shop after registration and entering the login details (e-mail address and password).
6) Re-checking or correcting the data entered.
7) Binding submission of the order by clicking the "Order with obligation to pay" or "Buy" button
Before the binding submission of the order, you can return to the website where your details are recorded and correct input errors or cancel the ordering process by closing the internet browser by using the "Back" button in the internet browser you are using after checking the details. We confirm receipt of the order by e-mail ("Order Confirmation"). With this, we accept your offer.
If the delivery of the goods you ordered is not possible, for example because the corresponding goods are not in stock, we will refrain from making a declaration of acceptance. In this case, a contract will not be concluded. We will inform you immediately and refund any consideration already received without delay.
(5) Orders for deliveries abroad can only be considered if they meet a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) Storage of the contract text for orders placed via our online shop. We will send you the order data and our General Terms and Conditions by e-mail. For security reasons, your order data is no longer accessible via the internet.
§3 Prices, Shipping Costs, Payment, Due Date
(1) The stated prices include the statutory VAT and other price components. Any shipping costs will be added.
(2) You have the option of payment by direct debit, PayPal, credit card (Visa, Mastercard).
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery will then take place within 7 working days at the latest. The period for delivery begins, in the case of payment in advance, on the day after the payment order is issued to the bank commissioned with the transfer and, for all other payment methods, on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the sold item passes to the buyer upon handover of the item, even in the case of a mail-order purchase.
§5 Retention of Title
We reserve ownership of the goods until full payment of the purchase price.
§6 Right of Withdrawal for Customers as Consumers
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities (§ 13 BGB).
Right of Withdrawal for Consumers
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity:
- Instructions on Withdrawal -
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us
VIUS SE & Co. KGaA
Ritterstraße 24-27
D- 10969 Berlin
E-Mail shop@nius.de
by means of a clear declaration (e.g., a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. You can also electronically complete and submit the sample withdrawal form or any other clear declaration on our website (https://shop.nius.de/pages/widerrufsbelehrung). If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g., by e-mail).
Consequences of Withdrawal
If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
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.
You must return or hand over the goods to us without undue delay and in any case at the latest within fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their nature, properties and functionality.
- End of the Instructions on Withdrawal –
§8 Warranty
The statutory warranty regulations apply.
§ 9 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, we are liable - unless otherwise stipulated in paragraph 3 - only for the breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you can regularly rely (so-called cardinal obligation), and limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.
§ 10 Copyrights
We hold copyrights to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.
§ 11 Final Provisions
For all legal disputes arising from contracts concluded with us, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and at the time of your order had your habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
We collect, process and use your personal data, in particular your contact details, to process your order, including your e-mail address, if you provide it to us. For creditworthiness checks, we may use information (e.g., a so-called score value) from external service providers as decision support and make the payment method dependent on it. The information also includes information about your address. This is done for the purpose of contract processing, Art. 6 para. 1b) GDPR. Please refer to the data protection notices for details.
Dispute Resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Should individual provisions of these General Terms and Conditions be void, incomplete or ineffective, the other conditions shall remain unaffected thereby. In this case, provisions shall apply which the parties would reasonably have agreed upon if they had recognized the nullity, ineffectiveness or gap.