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Terms and Conditions

1. Scope of Application

(1) The following general terms and conditions (GTC) regulate the contractual relationship between VISUAL STATEMENTS GmbH and the consumers and entrepreneurs who use the Internet offer of VISUAL STATEMENTS GmbH (in the following called "buyer").The terms and conditions concern the use of the website www.VISUAL STATEMENTS.net as well as all subdomains belonging to this domain. The version valid at the date of conclusion of the contract shall be authoritative. Contract language is German; translations into other languages are not legally binding.

(2) Consumers within the meaning of these terms and conditions are natural persons who conduct business transactions with VISUAL STATEMENTS GmbH, yet to whom no commercial or self-employed profession can be ascribed. Contractors within the meaning of these terms and conditions are natural persons and legal entities or partnerships with legal capacity that enter into a business relationship with VISUAL STATEMENTS GmbH in exercising their commercial or independent professional activity.

2. Contract Conclusion

(1) The goods offered by VISUAL STATEMENTS GmbH on the Internet represent a non-binding invitation to order goods from VISUAL STATEMENTS GmbH.

(2) By placing an order for the desired goods on the Internet, the customer submits a binding offer to conclude a sales contract.

(3) VISUAL STATEMENTS GmbH is entitled to accept the order by sending an order confirmation within one day. The order confirmation is transmitted via Email. Upon expiry of the period indicated in sentence 1, the offer will be deemed rejected.

3. Payment, Maturity, Default, Credit Assessment

(1) Payment of goods shall be optionally made in advance, by credit card, Paypal, cash on delivery, direct bank debit or on account. We reserve the right to accept or exclude certain methods of payments in particular cases.

(2) By choosing advance payment, the customer shall be obliged to pay the purchase price immediately after contract conclusion. By paying cash on delivery, the customer shall be obliged to pay the purchase price on delivery of the goods. In the event of payment by invoice, the customer shall be obliged to pay the invoice amount according to the agreed terms of payment mentioned on the invoice immediately after receiving the goods. By choosing direct bank debit, the purchase amount is debited within one week after conclusion of the contract. In case of credit card payment, the purchase amount is debited prior to sending the goods. For the purpose of credit assessment in regard to payment on account or Heidelberger Payment GmbH, Vangerowstrasse 18, 69115 Heidelberg, Germany, will provide us with any address and credit particulars that are stored in the database of such firm concerning your person, including any data ascertained using mathematical statistical methods, as far as we substantiate our legitimate interest in such data. For the purpose of making decisions regarding the justification, execution or termination of contractual relationships, we collect or utilise probability data that may include, among other things, address data for calculation purposes.

(3) If the customer is in default of payment, he is responsible for any negligence during that time. He will be also liable in the event of coincidence unless the damage would also have occurred if the service had been provided in time.

(4) Seller shall be entitled to claim default interest amounting to five per cent above the base rate posted by the European Central Bank per annum. For legal transactions, without participation of a consumer, the interest rate amounts to eight per cent above base rate.

(5) Assertion of a further claim for damages is not excluded.

4.Delivery

(1) Delivery is performed through the dispatch of the purchased item to the address provided by the customer. If advance payment has been agreed, the delivery period shall commence 1-2 week days upon receipt of the purchase price. Otherwise, the delivery period shall commence 1-2 week days after confirmation of order.

(2) The delivery will take place according to the specified packaging and shipping costs. For international shipments, unless otherwise specified, the price for shipping and handling will be charged separately based on weight. If the customer desires a special type of shipment, the customer shall bear the extra costs incurred.

(3) If the customer purchases the item for his commercial or professional activity, the risk of accidental loss or accidental deterioration shall be assigned to the customer as soon as VISUAL STATEMENTS GmbH has delivered the purchased item to the freight forwarder, the shipping agent or the person or agent designated to perform the shipment.

(4) If the customer is a consumer, the consumer will have to bear the cost for return shipment in the event of revocation, if the goods delivered correspond to the order and the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price, the customer has not yet provided the consideration or a contractually agreed part payment at the time of cancellation.

5.Reservation of Title

The purchase item shall remain the property of VISUAL STATEMENTS GmbH until it has been paid in full. Prior to the transfer of ownership, the purchase item may not be pledged, transferred by way of security, processed or changed without the express permission of VISUAL STATEMENTS GmbH.

6.Prices

The price for the purchase item in the particular offer shall be regarded as the final price including any value-added tax and other price components. The price shall not include the costs for delivery and shipping.

7.Withdrawal

(1) VISUAL STATEMENTS GmbH shall be entitled to withdraw from the contract despite partial supply or partial performance if incorrect information about the purchaser's creditworthiness has been given or there are objective reasons relating to the purchaser's inability to pay, for example opening of insolvency proceedings against the assets of the purchaser or the rejection of such proceedings due to the lack of assets which cover the costs. Prior to withdrawal from the contract, the purchaser shall be given the opportunity to make an advance payment or provide suitable security.

(2) Irrespective of any compensation claims, part performances already effected shall be invoiced and paid in accordance with the terms of the contract in the case of partial withdrawal.

8.Warranty

(1) Warranty to consumers

a) VISUAL STATEMENTS GmbH shall provide a warranty to the effect that the purchase item was free of defects by the time of delivery. If it is discovered that the purchase item contains a material defect within six months after delivery, it shall be assumed that the purchase item was defective at the time of delivery, unless this assumption is incompatible with the nature of the purchase item or the defect. If the material defect only arises after a period of six months, the customer shall prove that the defect already existed when the purchase item was handed over.

b) If the purchase item was defective at the time of delivery, the customer shall have the choice of either re-performance through rework or a replacement item. VISUAL STATEMENTS GmbH shall be entitled to refuse the type of re-performance chosen by the customer if it is only possible with disproportionate costs and the other type of re-performance does not entail any serious disadvantages for the customer.

c) If re-performance fails, the purchaser may choose, in principle, to either reduce the purchase price (reduction) or cancel the contract (withdrawal), and also demand compensation. The customer shall not be entitled to withdraw from the contract if the purchase item only contains minor defects.

(2) Warranty to companies

a) If the purchase is a commercial transaction for VISUAL STATEMENTS GmbH and the customer, the latter shall immediately inspect the supplied goods for quality and quantity deviations and inform VISUAL STATEMENTS GmbH in writing about any discernible defects within a period of one week after receipt of the goods. Otherwise, the enforcement of the warranty claim shall be excluded. Hidden defects shall be notified tt VISUAL STATEMENTS GmbH in writing within a period of one week after they are discovered. Prompt dispatch of the purchase item shall be sufficient to comply with this period. In this case the full onus of proof for all claim conditions shall rest with the purchaser, especially for the defect itself, the time of discovery of the defect and the promptness of notification of the defect.

b) In the case of defects, VISUAL STATEMENTS GmbH shall give a warranty by either performing rework or providing a replacement purchase item.

(3) The customer's claims in connection with defects shall become statute-barred in one year.

(4) If VISUAL STATEMENTS GmbH supplies a perfect purchase item for the purpose of re-performance, VISUAL STATEMENTS GmbH may request the customer to return the defective purchase item.

(5) Damage caused by improper or non-contractual actions by the customer during setup, connection, operation or storage shall constitute no grounds for claims against VISUAL STATEMENTS GmbH.

9.Liability Restriction

(1) Apart from damage caused by death, physical injury and harm to health, VISUAL STATEMENTS GmbH shall only be liable if this damage is due to intentional or grossly negligent action or culpable infringement of an essential contractual obligation by VISUAL STATEMENTS GmbH or its agents. An obligation shall be regarded as being essential to the contract if its fulfilment only actually allows the contract to be duly executed and on whose observance the customer can regularly rely. Any further liability for compensation shall be excluded. Claims from a warranty given by VISUAL STATEMENTS GmbH for the condition of the purchase item and from the Product Liability Act shall not be affected.

(2) According to the latest state of the art, it cannot be guaranteed that data communication via the Internet will be free from errors and/or available at all times. We shall therefore accept no liability for availability of our online shop at all times.

10. Choice of Law, Place of Jurisdiction

(1) Any disputes arising from this legal relationship shall be subject to the law of the Federal Republic of Germany. This choice of law shall only apply to consumers if the granted protection has not been withdrawn through compelling provisions of the law of the state in which the consumer has his/her usual place of residence. The UN Convention on the International Sale of Goods shall not apply.

(2) If the customer is a merchant, a legal person under public law or a special public asset, the sole place of jurisdiction for any disputes arising from this contract shall be the place of business of VISUAL STATEMENTS GmbH. This provision shall also apply if the customer does not have a general place of jurisdiction in Germany or if his/her residence or usual place of residence is not known at the time the action is filed.

11.Saving Clause

If one of the clauses of these General Terms and Conditions is or becomes invalid or unenforceable, the validity of the other clauses shall not be affected, unless one contracting party is put at such an unreasonable disadvantage through the invalidity of individual clauses that it can no longer be reasonably expected to adhere to the contract. 

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