General Terms and Conditions and Consumer Information

General terms and conditions and consumer information in the context of contracts of sale concluded on the online shop between Velvet-Point GbR, Seubertstraße 8, 76131 Karlsruhe, hereinafter referred to as the "vendor", and the customer, hereinafter referred to as the "customer". Section 1 Scope of application and general information

(1) Subject to individual agreements and accords which take precedence over these terms and conditions, the following terms and conditions shall apply to the business relationship between the vendor and the customer exclusively. Unless otherwise agreed, the customer's own conditions shall not be taken into account.

(2) The customer is a consumer, provided that they conclude the contract for purposes which for the most part cannot be attributed to their commercial or self-employed activity. On the other hand, any natural or legal person or partnership with legal capacity which exercises its commercial or self-employment activity on conclusion of a legal transaction is an entrepreneur. 

Section 2 Conclusion of the contract

(1) The contract comes into being with the following:

Velvet-Point GbR

Seubertstraße 8

76131 Karlsruhe 

(2) The key characteristics of the goods stem from the relevant product description provided by the vendor.

(3) All offers in the vendor's online shop only constitute a non-binding invitation to the customer to submit a corresponding offer of a purchase to the vendor. Once the vendor has received the customer's order, the customer shall initially be sent confirmation of receipt of their order by the vendor, usually via e-mail (order acknowledgement). The order acknowledgement does not yet constitute acceptance of the order. On receipt of the customer's order, the vendor will check this swiftly and let the customer know within 3 working days whether they shall accept the order (order confirmation). The order process in the vendor's online shop is as follows:

(4) The customer can select products from the vendor's range and collect them in what is known as a basket, using the "Add to basket" button. By clicking on the "Your basket" button, the customer gets an overview of the products selected. By clicking the button "Confirm and pay", they submit a binding request to purchase the goods in the basket. Before sending the order, the customer can change and view the order submitted and the data entered at any time using the browser functions "Back" and "Forward", shown as arrow buttons. The request can only be submitted and transmitted if the customer declares that he has read and accepted the General Terms and Conditions  by clicking on the button "Accept terms and conditions", thereby including them in their request. The vendor then sends automatic confirmation of receipt via e-mail to the customer. This specifies the customer's order again and can be printed by the customer using the "Print" function. The automatic confirmation of receipt only documents the fact that the customer's order has been received by the vendor and does not constitute acceptance of the request. The contract only comes into being when the vendor submits their notice of acceptance. This is sent in a separate e-mail. 

Section 3 Subject matter of the contract, condition, delivery, availability of goods

(1) The subject matter of the contract is the goods and services specified by the customer as part of the order and named in the order acknowledgement and/or confirmation at the final prices stated in the online shop. These may be subject to errors and mistakes, particularly with regard to the availability of goods.

(2) The condition of the goods ordered stems from product descriptions in the online shop. In some circumstances, illustrations on the website reflect the products only imprecisely; colours in particular may vary significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data and weight, size and performance specifications are stated as precisely as possible but may exhibit the usual deviations. The properties described here do not constitute defects in the products delivered by the vendor.

(3) If no examples of the product selected by the customer are available when they make their order, the vendor shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the vendor shall not accept the order. In that event, no contract will come into being.

(4) If the product designated by the customer in the order is only temporarily unavailable, the vendor shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of over two weeks, the customer is entitled to withdraw from the contract. Incidentally, in this case the vendor is also entitled to rescind the contract. In this case, they shall refund any amounts already paid by the customer immediately. 

Section 4 Delivery, prices, shipping costs

(1) Unless otherwise specified, products will be dispatched to the shipping company no later than two days following receipt of monies, or, in the case of payment by cash on delivery, no later than two days following the order confirmation. The delivery time is up to five days. The vendor shall point out any delivery times which deviate from this on the relevant product page.

(2) Products shall only be delivered within the EU.

(3) The prices stated are final retail prices excluding shipping costs.

(4) Regarding new goods all item prices include statutory VAT. The customer receives an invoice showing the VAT. All other items are subject to the margin scheme as per § 25 UStG, that means that the VAT is not shown on the invoice 

Section 5 Payment

Payment is made in advance (PayPal, bank transfer) Giropay, SOFORT online bank transfer, credit card) or - when picking up the items at our showroom – with either cash or debit card. 

Section 6 Transport damage

(1) If goods are delivered with obvious transport damage, the customer is asked to complain to the delivery agent regarding these issues immediately and to contact the vendor as soon as possible.

(2) Failure to make a complaint or contact has no impact on the customer's warranty rights. However, making a complaint helps the vendor to assert claims against the freight carrier and/or the transport insurance. 

Section 7 Guarantee, liability

(1) A guarantee for the goods delivered by the vendor only exists if this was expressly given in the order confirmation for the relevant product.

(2) Complaints and claims for defects may be brought by the buyer at the address stated in the supplier identification.

(3) When buying new goods, the following applies:The vendor is liable for material defects in accordance with the applicable legal provisions, particularly Sections 434 et seq. of the German Civil Code (BGB).

(4) Liability for used goods:Claims on the part of the buyer based on material defects lapse one year after the purchased item is delivered to the buyer. This does not apply to liability for damages caused by gross negligence and damages caused deliberately, nor to damages resulting from injury to life, the body or health resulting from a negligent breach of duty on the part of the vendor. A deliberate or negligent breach of duty on the part of the vendor is deemed equivalent to a breach of duty of its legal representative or agents. In the case of fraudulent concealment of defects or assumption of a guarantee for quality, further claims shall remain unaffected. 

Section 8 Retention of ownership

Until complete payment has been made, the goods delivered shall remain the property of the vendor. 

Section 9 Text of the contract

The text of the contract shall be stored on the vendor's internal systems. The customer may view the terms and conditions at any time in their customer account. The order data and terms and conditions are sent to the customer by e-mail. After the order is concluded, the order data is no longer available online for security reasons. 

Section 10 Final provisions

(1) The language of the contract is German.

(2) The law of the Federal Republic of Germany shall apply to contracts between the vendor and customers, with the exception of laws on international sale of movable goods. This choice of law shall only apply to consumers if the customer is not deprived of the protection granted by compulsory provisions of the law of the state of ordinary residence.

(3) If the customer is a trader, a legal person under public law or a special estate under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the vendor shall be the domicile of the vendor. This shall also apply if the customer does not have any place of general jurisdiction in Germany or the EU, or their domicile or ordinary residence is not known at the time the proceedings are brought.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period after 14 days from the day on which 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 inform us (Velvet Point  GbR, Seubertstrasse 8 / im Innenhof, 76131 Karlsruhe, Phone +49 721-5687797, info@velvet-point.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract.)

To:

Velvet-Point GbR

Seuberstraße 8 / im Innenhof

76131 Karlsruhe

info@velvet-point.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper) 

Date ___________(*) Delete as appropriate.

Data protection statement

Responsible body

The responsible body for the collection, processing and use of your personal data as defined by the German Data Protection Act (BDSG) is

Velvet-Point GbR

Seubertstraße 8

76131 Karlsruhe

If you wish to object to the collection, processing or use of your data by Velvet-Point GbR, Seubertstraße 8, 76131 Karlsruhe, according to data protection provisions as a whole or for individual measures, address your objection by letter to the following contact details:

Velvet-Point GbR

Seubertstraße 8 / im Innenhof

76131 Karlsruhe

We set a great deal of store by protecting your data and guaranteeing your privacy. In the following we shall therefore provide you with information on the collection and use of personal data when using our website.

Collection, storage and use of personal data

When you visit our website, we collect, use and store your personal data. Personal data are individual details regarding personal or factual circumstances pertaining to a specific or identifiable natural person (affected party), according to Section 3, subsection 1 of the BDSG. 

Data collection in strict compliance with the lawWhen collecting, using and storing personal data, we comply with the provisions of the Data Protection Act, the Telemedia Act and any additional data protection provisions which apply. All customer data is stored and processed by us in compliance with the relevant provisions of the Data Protection Act (BDSG) and Telemedia Act (TMG).

No data collection and transmission without your express consent

We only collect, process and use your personal data if you have expressly consented to this in advance. You can revoke this consent at any time by contacting:

Velvet-Point GbR

Seubertstraße 8 / im Innenhof

76131 Karlsruhe

We do not pass on your personal data, including your home address and e-mail address, to third parties without your express consent, which may be revoked at any time. Exempt from this are our partner companies which require the data to be transmitted in order to provide the service (e.g. IT service providers, the German Federal Motor Transport Authority and the credit institution entrusted with payment processing). In these circumstances, the scope of the data transmitted is limited to the minimum required.

Access

You have the right to access your stored data free of charge and the right to correct, delete and/or block said data at any time. To do so, please contact:

Velvet-Point GbR

Seubertstraße 8 / im Innenhof

76131 Karlsruhe

We are happy to assist you with further queries on our information on data protection and processing your personal data at any time.

Effective January 2018