1 c o n t r a c t f o r m a t i o n product and price information are nonbinding and without obligation. A contract formation is achieved with our written order confirmation of your order. Oral agreements require our written confirmation for legal obligation; this also applies for a waiver of the written form requirement.
2 P r i e c e s a n d p a y m e n t (1) Our prices are with taxes, but without insurances, customs payment, etc. Duties or import VAT go extra. Costs of packaging and transport are 15 € for EU and 25 € for WORLD shipment. Shipment within GERMANY is free. (2) Unless anything else to the contrary has been agreed, the purchase price is to be paid in advance or cash on delivery (COD). (3) When payment is made in advance, the bill is concurrently regarded as a confirmation of order. The amount due must be credited to one of the account specified in the bill no later than the date named on it. If the invoiced amount has not been received by the organiser by the due date , then the Seller shall be entitled to otherwise dispose of the delivered goods . Irrespective of this, the customer remains fully bound to the customer purchase. The delivery of the goods is delayed accordingly. (4) The Customer may set off against claims only with claims that are uncontested or recognised by declaratory judgement. (5) The buyer may only exercise a right of retention for counterclaims based on the same order. In the case of ongoing business relationships, each individual order shall be deemed to be a separate contractual relationship. (6) If as a result to supply difficulties or other occurences sudden price increases arise, in sourcing of the necessary production materials, we are entitled to increase the price to that effect. Insofar our prices are without obligation. Reasonable price changes due to changes in wages, materials and distribution costs for supplies, which occur 3 months or more after contract formation, also are without obligation.
3 D e l i v e r y t i m e (1) Terms of delivery and delivery dates are not binding, unless the parties have otherwise agreed upon in writing and can be exeeded without oompensation. Partial deliveries shall be permitted and can be charged separately, unless they cannot be reasonably used by the customer. (2) Force majeure, labour disputes, disruptions of operations that are not our fault, official measures and other events beyond our control shall entitle us without prejudice to any other rights we have , to withdraw wholly or partially from the contract without compensation . (3) Any further legal claims and rights of the purchaser due to delayed delivery remain unaffected. (4) Orders will be delivered to you within 10 working days of the acceptance of your order, subject to availability of stock. Delivery time can be up to 6 weeks depending on production situation.
4 T r a n s f e r o f r i s k w h e n s e n d i n g The place of performance is Stuttgart. If the goods are sent to the purchaser at the purchaser's request, the risk of accidental loss or accidental deterioration passes to the customer together with the handing over to the person entrusted by us with the dispatch, but no later than when the merchandise leaves our works or warehouse; this risk passes irrespective of whether the dispatch took place from the place of performance or who bears the freight costs.
5 r e t e n t i o n o f t i t l e We reserve the right of title to the goods forming the subject matter and services of the contract until full discharge of all claims of remuneration from this contractual relationship (in the following:” goods subject to retention of title”). (1) The purchaser is entitled to resell the goods that are subject to retention of title within the ordinary course of business. The purchaser here and now assigns to us the receivables from the resale of the conditional goods in the amount of the final invoice total agreed with us (including addedvalue tax). The goods are resold without processing.
6 N o t i c e o f d e f e c t s & w a r r a n t y (1) If, despite all care taken, the delivered goods exhibit a defect that already existed at the time of transfer of risk, we will, at our choice, either repair the goods or supply replacement goods, provided that the notice of defects was given in due time. We must always be given the opportunity to render subsequent performance within a reasonable time ( ca. 6 weeks). There are no warranty claims, if the defect only concerns an insignificant deviation from the agreed condition. Because the goods are handmade minor, technically unavoidable deviations or deviations customary in the trade in quality, weight, material, outfittings, cut, design or colour cannot be claimed as defects. If the postperformance fails, the customer notwithstanding possible claims for damages may withdraw from the contract or reduce the compensation. The customer cannot claim compensation for useless expenditures. If there any complaints, apparent faults are to be reported immediately, however within 5 days after receipt of the goods , whereas hidden defects must be reported immediately after their discovery, otherwise the goods are deemed to be approved. (2) Defect claims do not apply if there is only a minor deviation from the agreed nature of the goods or only a minor impairment of usability, for natural wear and tear or for damage occurring after the transfer of risk as a result of faulty or negligent treatment, excessive stress or by reason of extraordinary external influences not specified in the contract. Should the customer or third persons implement improper modifications, no warranty claims shall exist for said modifications and the consequences resulting thereof. (3) The customer shall not be entitled to any claims based on the expenses specifically transport, road, labour and material costs that are required for purposes of subsequent performance, in so far as the expenses are higher because the goods we delivered were later moved to a place other than the place of fulfilment, unless such transfer is required for such object's intended use. (4) The customer has statutory rights of recourse against us only in so far as the customer has not reached any agreements with his customer which go beyond the statutory claims for defects. Further claims of the buyer against us or our vicarious agents for defect as to quality are excluded. (5) In the event that a defect should be fraudulently concealed or if a warranty should be provided for the quality of the goods at the time of the transfer of risk, the purchaser's rights act solely in accordance with legal regulations. (6) The period of limitations for claims and rights for defects in the services for any legal reason whatsoever amounts to one year. from the moment sending or handing over the goods to the customer.
7 Li a b i l i t y For faults of our own as well as for those of our employees, staff members or simple vicarious agents, the breach of duties under the obligation or illegal act, we are responsible without prejudice to the regulation in case of intent and gross negligence . This limit of liability does not apply in the case of intent, gross negligence, culpable breach of significant contractual obligations, in the case of injury to the life, body or health of a person or in the case of liability under the German Product Liability Act. Liability is limited to contract typical, predictable damages in cases of simple negligence for the violation of basic contractual duties, unless deliberation or gross negligence prevails, or liability is compulsory anyway for personal injury or wrongful death.
8 S e c u r i t y & D a t a P r o t e c t i o n We are committed to protecting your privacy and the security of any information given to us in order for us to process your order. We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information. Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed. No personal data about customers will be passed to any third party, except to offer you the opportunity to purchase from us, to fulfill the delivery of the goods to you, and as is necessary to process credit or debit card payments. Your privacy and confidence will be respected at all times. The security of your transaction is important to us and to prevent any details being seen by unauthorized persons it is protected throughout the payment process. To do this we use a secure server to encrypt the information before it is sent to the payments processor.
9 C o u r t o f j u r i s d i c t i o n for both parties is Stuttgart, Germany.
Vegg04-V cancellation policy
C a n c e l l a t i o n r i g h t You can make use of your right of withdrawal of this contract within 14 days and without giving reasons. The cancellation period is 14 days,
beginning the day a) you or a third person, named by you, who is not the carrier, takes/took possession of the goods. b) you or a third person, named by you, who is not the carrier, takes/took
possession of the last goods ( in case of a contract with several goods you have ordered within one order and which are delivered separately). c) you or a third person, named by you, who is not
the carrier, takes/took possession of the last partial shipment or last piece ( in case of a contract with delivery of goods in several partial shipments or pieces). To use your right you must
send a clear representation ( letter via post, fax or e-mail), in which you inform about your decision to withdraw from the contract, to:
Vegg04-V pop culture in felt . Karin Bitterle . Griegstr. 27. 70195 Stuttgart Germany . ++49 711 88846662 . firstname.lastname@example.org or on the website www.vegg04-v.de - contact -
To guarantee the deadline it is enough that you send us the information about the exercise of this cancellation before the ending of the cancellation time.
C o n s e q u e n c e s o f t h e c a n c e l l a t i o n When you withdraw from this contract we must pay back all payment which we received from you, including posting costs ( except additional costs which may arise because you have chosen a different way of delivering than our offered, reasonable standard delivery) immediate and latest 14 days after the day we got your information about the cancellation of your contract. For this refund we use the same payment method which you originally used for the transaction, except we agreed something different; on no account any charge for this refund will be applied to you. We can deny the refund until we get back the goods or you provided evidence of sending back the goods, whichever comes first. You have to send back or hand over the goods immediately and in every case, at latest within 14 days beginning the day you informed us about the cancellation of this contract, to Vegg04-V pop culture in felt - Karin Bitterle - the refund is granted when you send back the goods on or before the 14 th day. !!!! You bear the direct costs of the return of the goods.