General terms and conditions for the purchase in the online shop VOR.shoes
These general terms and conditions apply for all purchases via the online shop “VOR.shoes”
between
VOR-Produkte OHG
managing directors: Andreas Klingseisen and Jörg Rohwer-Kahlmann,
Utzschneiderstr. 7, 80469 München;
Tel: +49 89 21022120;
VAT-No. DE272334253,
registry court: local court Munich;
commercial registration number: HRA 101398;
ID-No.: DE272334253
- In the following: VOR -
and
the in cf. 2 named customer - in the following: customer -
1. Scope of applicability/definitions
(1) These general terms and conditions (hereinafter referred to as "GTC“) shall apply to all purchases of goods via the online shop of VOR. Any agreement deviating from the GTC shall only prevail if agreed individually between VOR and the customer.
(2) "Consumers" in the sense of these GTC is any individual person concluding the agreement with VOR for purposes which mainly are not assigned to business or self-employed professional activity. "Entrepreneurs" in the sense of these GTC mean any individual company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity.
2. Conclusion of contract
(1) The customer can choose products from the range of products of VOR. The chosen products can be added to the shopping cart (“Cart”) by clicking the Button “Add to Cart“. Only after the customer selected the goods and clicked on the button "Zahlungspflichtig bestellen (Buy Now)" at the end of the ordering process, the customer makes a binding offer for the purchase of the goods. Before placing a binding offer the customer is at any time able to review and change his order. A binding offer can only be placed, if the customer accepts these GTC and includes them into his offer by clicking the button “AGB akzeptieren (Accept GTC)“.
(2) An automated confirmation of the receipt of the order, which is sent by VOR by email, that lists the customer’s order and that can be printed out by the customer is not a binding acceptance of the customer’s offer. It only documents that VOR has received the order. The contract comes into effect with the declaration of acceptance by VOR. The declaration of acceptance will be sent with a separate email (“order confirmation”). The customer receives the text of the contract (including order, GTC and order confirmation) with the order confirmation or in a separate email, the latest with delivery of the goods on a durable medium (email or hardcopy) (“contract confirmation”). The text of the contract will be stored considering data protection.
(3) German language applies for the conclusion of a contract. Only these GTC are provided to customer in English.
3. Delivery
(1) Communicated delivery times by VOR are calculated from the time of the order confirmation, payment in advance provided (exception: purchase on account). The delivery time is 7 days if not indicated differently in the online shop. Please note: In case you have placed a pre-order, your shoes will be delivered as soon as they have been finished for you. Once they are ready for shipment, we will notify you again.
(2) If the goods chosen by the customer are not available at the time of the order, VOR will inform the customer immediately in the order confirmation. In case the product is permanently unavailable VOR will not declare acceptance. In this case a contract is not concluded.
(3) If the goods chosen by the customer are temporarily not available VOR will also inform the customer immediately in the order confirmation. In case of a delay in delivery for more than 2 weeks the customer has the right to withdraw from the contract. In this case also VOR has a right to withdraw from the contract. In case of withdrawal VOR will immediately refund any payments already made by the customer. The statutory right to withdraw for consumers remains unaffected
4. Retention of title
The goods delivered by VOR remain the property of VOR until the complete payment of the purchase price.
5. Prices and delivery costs
(1) The prices indicated in the shop of VOR include the applicable VAT
(2) Germany: free delivery
Europe: 10 € DHL premium delivery / free delivery with 400 € order value
Rest of the world: 25 € DHL premium delivery / free delivery with 500 € order value
All our shipping prices are flat-rate charges.
(3) The goods will be delivered by postage. If the customer is a consumer, VOR bears the risk of delivery.
(4) In case of withdrawal the customer bears the direct costs of the return of the goods.
6. Payment
(1) The dispatch of the goods will only be carried out against payment in advance.
(2) The customer may choose from various payment methods in the online-shop of VOR:
(a) via Paypal
After the conclusion of the contract and with receipt of the order confirmation the customer has to make payment in full via Paypal.
(b) by bank transfer
By choosing „bank transfer“ as method of payment the customer has to make payment in full within 7 days after receipt of the order confirmation to the following bank account:
VOR-Produkte OHG
Bank: Kreissparkasse Muenchen Starnberg
BIC-/SWIFT-Code: BYLADEM1KMS
IBAN: DE28 7025 0150 0027 5515 22
(2) The purchase price is due immediately with conclusion of the contract. If a calendar day has been contractually stipulated for the payment, the customer is already in default by exceeding this date. In this case the customer is obliged to pay VOR interests at the rate of 5 percent above the relevant base interest rate.
(3) The obligation of the customer to pay interests does not affect the claim for further delay damages by VOR.
7. Right of withdrawal for consumers
(1) Right of withdrawal
Customers who order as consumers, have a statutory right of withdrawal, on which VOR informs according to statutory rules as follows. Exceptions from the right of withdrawal are set in section (2). In section (3) you find a model form of withdrawal.
Notification of your right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without indicating any reasons.
The withdrawal period will expire after fourteen days from the day you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise your right of withdrawal you must notify us (VOR-Produkte OHG, Utzschneiderstr. 7, 80469 München, Deutschland, info@vor.shoes) of your decision to withdraw from this contract by an unequivocal declaration (e.g. a letter sent by mail, fax or e-mail). For this, you may use the attached model withdrawal form, which, however, is not mandatory.
In order to observe the withdrawal period it is sufficient that you send the notification concerning your exercise of the right of withdrawal before expiry of the withdrawal period.
Consequences of the exercise of the right of withdrawal
If you withdraw from the present contract, we shall return to you any payments which we received from you, including any payments for shipping costs (except any additional costs which result from the fact that you selected a kind of delivery other than the standard delivery offered by us), immediately and at the latest within fourteen days starting from the day on which the notification concerning your exercise of the right of withdrawal from this contract is received by us. For the return of payment, we use the same means of payment which were used by you for the original transaction, unless explicitly agreed otherwise; under no circumstances, there will be charged any fees to you in connection with the return payment.
We can refuse repayment until we receive the returned goods or until you provide proof that you returned the goods, whichever occurs first.
You shall return the goods to us (VOR-Produkte OHG, Utzschneiderstr. 7, 80469 München) immediately and in any case no later than fourteen days from the date on which you notified us on your exercise of the right of withdrawal from the contract. The deadline shall be deemed to be observed if you dispatch the goods before the expiry of the term of fourteen days.
You shall bear the direct costs of the return of the goods.
You shall bear the costs of a possible loss in value of the goods only if this loss in value is caused by handling of the goods which is not required to examine their condition, characteristics and functioning.
VOR informs you that you may avoid a compensation obligation by treating the product as property of another and refraining from everything which would affect the value of the product until the time for withdrawal expires. We recommend to treat the product the same as you would in a store. Especially wearing the shoes outside the house creates a compensation obligation. The original shoebox and all delivered pieces (packing paper, shoe protectors) need to be returned completely and undamaged. The shoebox has to be protected by outer packing.
(2) The right of withdrawal is excluded with regards to contracts on the supply of goods, which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is essential or which are undoubtedly tailored for personal needs of the consumer.
(3) Concerning the Model form of withdrawal VOR informs according to the statutory rules:
Model form of withdrawal
(In case you want to withdraw from the contract, please fill out this form and return it to us) to
VOR-Produkte OHG
Utzschneiderstr. 7
80469 München
Germany
info@vor.shoes
Download model form of withdrawal
8. Warranty
(1) VOR is liable for defects of the delivered goods according to the statutory rules, especially according to §§ 434 ff. German Civil Code. In case of Entrepreneur orders the warranty period is 12 months for goods delivered by VOR.
(2) An additional guarantee for delivered goods by VOR only applies if indicated explicitly in the order confirmation for the respective article.
(3) In case the customer is an entrepreneur, the entrepreneur is obliged to examine the goods immediately upon receipt of the delivery and - if there are any defects - shall notify VOR on such defects within 14 working days from the date of receipt of the goods. If the customer fails to notify VOR in due time, the goods are considered approved, unless the defect is a latent defect, i.e. a defect which cannot be discovered by inspection. If a defect appears at a later time, the notification on defects must be made without delay upon discovery of the defect; otherwise, the goods are considered approved also with regard to such defects
(4) The customer has no right to self-remedy. He is therefore not allowed to repair the goods on his own or by a third party without requesting VOR to remedy the defect. In case of self-remedy the customer`s warranty rights lapse.
9. Liability of VOR
(1) Claims of the customer for reimbursement of damages are precluded except for such which result from death, injury to body or health or the breach of major contractual obligations as well as the liability for other damages which base on a wilful or grossly negligent breach of duty of VOR, its legal representative or servant. Major contractual obligations are obligations that are absolutely necessary for the reaching of the goal of the contract.
(2) In case of the breach of major contractual obligations VOR is only liable for the predictable damage typical for the contract if this was caused simply negligently, unless it concerns claims for compensation of the customer because of death or injury to body or health.
(3) The limitation of the liability in sec. 1 and 2 also applies for legal representatives or servants of VOR if claims are asserted directly against them.
(4) Mandatory statutory provisions, in particular the Product Liability Act, shall remain unaffected.
10. Information concerning data processing
(1) VOR receives data from customers in processing their orders. Data protection and secrecy are of utmost importance to VOR. Its privacy policy complies with the regulations of the applicable German Data Protection Act (BDSG) and the German Telemedia Act (TMG). Without the consent of the customer VOR will only collect, process or utilize inventory and usage data as far as it is necessary for the conclusion of the contractual relation and the usage of telemedia.
(2) Without the consent of the customer VOR will not utilize data of the customer for the purpose of advertising, market research or opinion research.
(3) The customer is always able to check, modify or delete his stored data by using the button „Meine Daten (My account)“. For further information concerning the collection, storage and utilization of data it is referred to the privacy policy which is available, also for printing, on the website of VOR by using the button “Datenschutz/Privacy Policy”.
11. Copyright
All photos, logos, texts, reports, scripts displayed on the sites of VOR, may not be copied or otherwise and used without permission of VOR. All rights are reserved.
12. Final provisions
(1) Contracts concluded between VOR and the customer are exclusively subject to the laws of the Federal Republic of Germany. The applicability of the CISG is excluded.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or in connection with the contractual relationship shall be the place of VOR in Munich. The same applies for customers without permanent residence in Germany or in case the customer changed his permanent residence after these GTC come into effect or in case the residence or whereabouts is not known by the time of filing a complaint.
(3) In case of any discrepancies between the German and the English version of these GTC, the German version shall prevail.
(4) In a conflict situation fast and cost-saving online mediation is possible over the European Commission Online Dispute Resolution website. According to Art.14 sec.1 Regulation (EU) No. 524/2013 you find the so called “OS platform” at http://ec.europa.eu/consumers/odr/.
