General Terms And Conditions
General Terms and Conditions of Sale and Delivery
- Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices, terms of payment and shipping costs
- Delivery and shipping conditions
- Terms and conditions for the use of discount codes
- Retention of title
- Applicable law and jurisdiction
- Alternative dispute resolution
Scope of application
The owner and operator of the online shop is VANEA GmbH.
Registered office and postal address: Narzissenstr. 5, 71034 Böblingen, Germany
Managing Director: Ms Vanessa Azevedo
VAT ID No.: DE 305 218 298
Local court Stuttgart: HRB 756081
Telephone: +49 (0)7031 693 13 94
These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded via our online shop between VANEA GmbH and you as our customer for the delivery of goods which a consumer or entrepreneur concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to unless otherwise agreed. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
Conclusion of contract
The presentation and advertising of articles in our online shop do not constitute a binding offer to conclude a purchase contract, but serve for the submission of a binding offer by the customer.
The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, e-mail, post or online contact form.
When the contract with us is concluded depends on the payment method you have chosen:
Payment in advance: We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we provide you with our bank details.
Cash on collection: We accept your order by sending you an acceptance notice in a separate e-mail within two days.
Invoice and financing via Klarna:
We accept your order by sending you a dispatch confirmation by email within three working days (Monday to Friday, excluding public holidays).
Credit card: When placing the order, you provide your credit card details and the credit card company carries out an authorisation check. After your legitimation as a legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged when you place the order. At the time of the credit card charge, the contract with us is concluded.
PayPal: During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
Giropay: After placing the order, you will be redirected to your bank's website where you confirm the payment instruction to your bank. This concludes the contract with us.
Sofortüberweisung: After placing your order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This concludes the contract with us.
If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
You can correct input errors before submitting your order using the technical means provided in the online shop as well as the usual functions of your keyboard/mouse. You can also cancel the process at any time by closing the browser window. By clicking the "Order with obligation to pay" button, you have made a binding order (offer); input errors can no longer be corrected thereafter.
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
Right of withdrawal
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of cancellation in accordance with the statutory provisions.
If you, as a consumer, make use of your right of revocation in accordance with section 1, you must bear the regular costs of the return shipment.
Further information on the right of revocation can be found in the seller's revocation instructions.
Prices, terms of payment and shipping costs
Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the shopping basket.
In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
The payment option(s) will be communicated to the customer in the seller's online shop.
Prepayment If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
Credit card When placing the order, you provide your credit card details and the credit card company carries out an authorisation check. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Giropay After placing the order, you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Giropay, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
Purchase on account and financing In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account and hire purchase as a payment option. Please note that Klarna Invoice and Klarna Instalment Purchase are only available to consumers and that payment must be made to Klarna in each case.
Klarna instalment purchase: With the Klarna financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least €6.95). For more information on Klarna Instalment Purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, click here.
Klarna Invoice: When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here.
Sofortüberweisung After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Delivery and shipping conditions
The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed.
We are entitled to partial deliveries, as far as this is reasonable for you.
The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of advance payment). If we make use of this reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred as a result. This does not apply with regard to the costs for the outgoing shipment if the customer effectively exercises his right of revocation. In the event of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.
Self-collection is only possible by appointment.
Vouchers shall be provided to the customer as follows:
Conditions for redeeming discount codes
Unless otherwise agreed, the following conditions apply to the redemption of discount codes in the lieblings-platz e-shop:
Each discount code can only be used once per purchase and per customer.
Only one discount code can be used per order.
The combination of different discount codes is not possible.
Cash payment of discount codes is not possible, nor is any other offsetting or reimbursement of the value of a discount code.
Discount codes issued to the customer are excluded from resale; assignment is not permitted.
The period of validity of the discount codes is limited. The discount codes lose their validity after the date stated on the discount code. An extension is excluded.
Minimum order value:
A minimum order value is always stated in the detailed information of the respective discount code. If the minimum order value is subsequently fallen short of due to the return of the corresponding item, VANEA GmbH reserves the right to charge the difference between the order with discount code and the order without discount code. Discount codes that are given when registering for the newsletter are valid from a minimum order value of € 50.
Return of items:
If you make use of your right of withdrawal or if the goods are returned for any other reason, only the discounted purchase price will be refunded. There is no entitlement to a refund of the discount code or to a new discount code.
Offsetting for multiple items:
If an order to which a discount code is applied consists of several items (shopping basket discount), VANEA GmbH reserves the right to allocate the discounted amount to one or proportionally to several items.
Non-fulfilment of an order or delivery:
In the event of non-fulfilment of the order or individual items to which the discount code applied, there shall be no entitlement to a refund of the value of the discount code or entitlement to a new discount code.
Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
We are liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
The basis of our liability for defects is above all the agreement reached on the quality of the goods. It must be noted in particular that we use natural products. An agreement on the quality with regard to design and colour, grain and texture in the case of natural products such as wood as well as in the case of fabrics and leather is not to be seen in the reference to display items and/or brochure information. In this respect, these only serve as illustrations. Deviations do not entitle to claims for defects.
For consumers, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after the expiry of one year from the delivery of the goods. Defects which occur within one year of delivery of the goods may be claimed within the statutory period of limitation.
The limitations of liability and shortening of time periods regulated in the above clauses do not apply
for items that have been used for a building in accordance with their customary use and have caused its defectiveness,
for claims for damages and reimbursement of expenses of the customer, as well as
in the event that the seller has fraudulently concealed the defect.
We kindly ask you to complain about delivered goods with obvious transport damage to the deliverer and to inform us of this. If you fail to do so, this will have no effect on your legal or contractual claims for defects.
We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for compensation or reimbursement of futile expenses.
In other cases, we shall only be liable - insofar as not otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Böblingen. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is generally prepared to do so.