General Terms of Business
1.1 Contract partners
These General Terms of Business (“GTBs”) apply to all contracts initiated via our online shop (“online shop”) between us, V.SUN GmbH – represented by Ms Anja Susanne Bettin, In der Aue 4, D-69118 Heidelberg, Germany, telephone: +49 (0)6221/6566460 (we can be reached Monday to Friday between 10:00 am and 5:00 pm), email: firstname.lastname@example.org, commercial register: Mannheim District Court, HRB 736030, VAT ID number pursuant to Section 27a of the German VAT Act (Umsatzsteuergesetz – UStG): DE329129179 (henceforth referred to as “we” or “V.SUN”) – and you, as our customer who is at least 18 years of age, who is deemed a consumer. The version of the GTBs valid at the time of conclusion of the contract is authoritative.
The offers in the online shop are intended exclusively for (end-)consumers domiciled in Luxembourg, Switzerland, Spain, France, Italy, Bulgaria, and Greece. In accordance with Section 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly attributable to neither their commercial nor self-employed occupation.
2. Conclusion of contract
2.1 Order process
The presentation and advertising of products in our online shop do not constitute a binding offer for the conclusion of a purchase contract. You may select products from our product range and place them into a shopping basket using the button “Add to cart”. By pressing the button “Checkout”, you submit a binding offer for the purchase of the products in the shopping basket. Before submitting the order, you can correct the data at any time by using the correction options provided and explained in the order process. By submitting your order via the online shop upon clicking the button “Complete order”, you submit a legally binding order.
You are bound to your order for the period of two (2) weeks after submission. Your right to cancel your order (if you are a consumer) remains unaffected. You can find the consumer cancellation policy and a cancellation form under section 3 below.
2.2 Minimum order value; customary consumer order quantities
Where applicable, we may only consider orders from a minimum order value. If this is the case, you can find the minimum order value in the price information provided in our online shop. Orders in the online shop are also only possible for the quantities customary for consumers. This also applies to successive orders which together exceed the customary consumer order quantity.
2.3 Establishment of the purchase contract
Upon receipt of your order, we shall send you an automatic confirmation of receipt by email (“order confirmation”) containing your order information. The order confirmation only documents the fact that we have received your order; it does not constitute acceptance of your order. The use of approved immediate payment methods by you does not yet lead to the conclusion of the purchase contract despite payment of the purchase price. The purchase contract is only established upon submission of our declaration of acceptance, sent by separate email (“Invoice / Shipping Confirmation”) yet no later than upon delivery of the product. We shall send you the contract text (comprising your order, the GTBs, the cancellation policy and the template cancellation form) on a permanent data medium (email or paper printout) in the Order Confirmation or Invoice / Shipping Confirmation, yet no later than upon delivery of the product. The contract text shall be stored in compliance with data protection. You may view your previous orders in your user account if you have registered such an account. The registration of a user account is no requirement for the submission of an order.
2.4 Storage of the contract text
We shall send you the contract text – comprising your order, the GTBs, the cancellation policy and the template cancellation form – on a permanent data medium (email or paper printout) with the order confirmation or in a separate email, yet no later than upon delivery of the good. Moreover, we shall store the contract text in compliance with data protection. You may view your previous orders in your user account if you have registered such an account. The registration of a user account is no requirement for the submission of an order.
2.5 Contract language
The language used for conclusion of contract is English.
3. Consumer cancellation policy
As a consumer, you have a general statutory right to cancellation upon conclusion of a distance-selling transaction, which we hereby inform you of as follows in accordance with the statutory template (section 3.1). Exceptions to the right to cancellation are regulated in section 3.2. You can find a template cancellation form in section 3.3:
3.1 Cancellation policy
Right to cancellation
You have the right to cancel this contract without stating reasons within fourteen days. The cancellation period amounts to fourteen days from the day on which you have taken possession of the products or a third party named by you – who is not the carrier – has done so. In order to exercise your right to cancellation, you need to inform us: V.SUN GmbH, In der Aue 4, D-69118 Heidelberg, Germany, email@example.com, telephone: +49 (0)62216566460) about your decision to cancel the contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You may use the enclosed template cancellation form for this purpose, although this is not required. In order to satisfy the cancellation period, it is sufficient to send the cancellation prior to expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must repay all payments we have received from you, including delivery costs (with the exception of additional costs incurred as a result of your choice of another delivery method than the cheapest standard delivery offered by us) promptly and no later than within fourteen days from the day on which we receive your notice of cancellation of this contract. To settle this repayment, we shall use the same method of payment you used in the original transaction, unless we have expressly agreed otherwise with you; under no circumstances shall you be charged any fees as a result of this repayment. We may deny repayment until we have received the products back or you have provided evidence that you have sent back the goods, depending on which occurs earlier.
You must return or hand over the products without delay and in any case no later than within fourteen days from the day on which you inform us of cancellation of this contract, to the service provider we have commissioned with returns: Erdt Concepts GmbH, Tilsiter Str. 17, D-69502 Hemsbach, Germany. The period is observed if you send the products prior to expiry of this period of fourteen days. You shall bear the direct costs of returning the products. You must only compensate us for any loss of value of the products if this loss of value is due to handling of the products that was not necessary for examining the quality, characteristics and functionality of the products.
3.2 Exclusion of the right to cancellation
The right to cancellation shall exist insofar as we have not agreed otherwise with you; it shall not exist inter alia for contracts on the delivery of sealed products that are not suitable for returns for reasons of health protection or hygiene if their seal has been broken after delivery.
3.3 Template cancellation form
We hereby inform you of the template cancellation form in accordance with statutory provisions as follows:
Template cancellation form
(If you wish to cancel the contract, please complete this form and send it back to us.)
– To: V.SUN GmbH, In der Aue 4, D-69118 Heidelberg, firstname.lastname@example.org, Germany
– I/We (*) hereby cancel the contract concluded with me/us (*) on the purchase of the following products (*)/the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper submission)
(*) Strike through as applicable.
4. Prices and delivery costs; outward delivery costs in the event of cancellation
All prices in our online shop are gross prices including the German statutory value added tax and are stated in addition to the relevant delivery costs. The delivery costs are indicated in our price information in the shopping basket in our online shop. Shipping to Luxembourg costs 9.95 EUR. Shipping to Spain, France, Italy, Bulgaria, or Greece costs 14.95 EUR. Shipping to Switzerland costs 19.95 EUR. The price including value added tax and relevant delivery costs is also shown in the order screen before you submit your order. If we render partial deliveries for your order (section 5.1), you shall only be charged delivery costs for the first partial delivery. If partial deliveries are made at your request, we shall charge delivery costs for each partial delivery. If you effectively cancel your contract declaration, you may request the reimbursement of paid delivery costs to your address (outward delivery costs) in accordance with the statutory requirements (see the cancellation policy for other consequences of cancellation).
5. Terms of delivery
5.1 Partial deliveries
We are permitted to render partial deliveries insofar as this is reasonable for you.
5.2 Delivery region
We only deliver to customers who provide a delivery address in Germany, Austria, Luxembourg, Switzerland, Spain, France, Italy, Bulgaria, and Greece. Self-collection of the products is not possible. Likewise, we do not deliver to pick-up stations.
5.3 Delivery period
The delivery period commences on the day of contract conclusion and ends upon expiry of the last day of the period. Should the last day of the period fall on a Saturday, Sunday or an officially recognised public holiday at the delivery address, the next workday following this date shall apply instead. The information in the respective product description shall be decisive for the length of the delivery period. Insofar as no delivery period is stated for the respective product in our online shop, it shall amount to a maximum of 10 workdays unless otherwise agreed.
5.4 Transport damage
If you are a consumer and receive products with obvious transport damage, please submit a complaint regarding such defects to the delivery agent as soon as possible and contact us without delay. Failure to submit a complaint or contact us shall have no consequences whatsoever for your statutory claims and the exercise thereof, including your warranty rights in particular. However, submitting a complaint and contacting us helps us to assert our own claims against the forwarder or transport insurance.
6. Payment methods
6.1 PayPal PLUS
You can pay for the product using the payment service “PayPal Plus” offered by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). We offer you a range of payment methods as PayPal services as part of the “PayPal Plus” payment service. You will be directed to the PayPal website after submitting your order. There you can enter your payment data and confirm the use of your data by PayPal and the payment instruction to PayPal.
6.1.1 Payment by PayPal
If you have selected the payment method “PayPal”, you need to be registered with that service – or register for it – and authorise the transaction with your access data in order to pay the invoice amount. PayPal will automatically execute the payment transaction directly after confirmation of the payment instruction. You will receive further information during the order process.
6.2 Payment by credit card through Shopify Payments
You can pay conveniently and securely by credit card. The payment transaction will be carried out by your credit card company at the request of Shopify immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder, and your card will be charged. You will get more information during the ordering process.
6.3 Payment by Klarna purchase on invoice
The payment period is 14 days from dispatch of the goods if the complete invoice conditions for the countries are available. Please be aware, Klarna is not available in every country.
Insofar as we grant at our sole discretion coupons, campaign vouchers or other non-cash benefits such as discount codes (referred to collectively as “voucher(s)”), you may only redeem them as part of the online order process during the stated term of validity in accordance with the following conditions:
All vouchers may only be redeemed once and not in combination with other promotions. Only one voucher may be redeemed per order. Insofar as the redemption of vouchers is ruled out below a certain minimum order value per order, we shall inform you accordingly in our offers.
Insofar as the advantage granted by the voucher is stated as a percentage or euro-denominated saving, the voucher applies to our complete product range – excluding discounted products – and is automatically deducted from your invoice amount. Any residual advantage amount in excess of the invoice amount shall be lost. No cash payment of the voucher value is possible.
Insofar as the voucher grants other non-cash advantages, such as free product extras including in the form of product samples, we shall deliver these with your order so long as stocks last.
7. Reservation of ownership
The delivered product shall remain our property until complete payment of the purchase price.
8.1 Statutory defect claims
We shall be liable for material or legal defects of delivered products in accordance with the applicable statutory provisions.
Any vendor guarantees issued by us for certain products or manufacturer guarantees granted by manufacturers for certain products apply in addition to claims due to material or legal defects within the meaning of section 8.1. The details regarding the scope of such guarantees are determined by the guarantee conditions enclosed with the products, where applicable.
We shall be liable towards you for compensation or the replacement of wasted expenses with respect to all cases of contractual and non-contractual liability due to intent and gross negligence in accordance with the statutory conditions.
9.2 Liability for breaches of essential contractual duties
In other cases, we shall be liable – unless otherwise regulated in section 9.3 – only for breaches of a contractual duty, whose fulfilment renders the proper performance of the contract possible in the first place and in the compliance with which you as the customer may regularly trust (cardinal duty), limited to the compensation of foreseeable and typical damages. In all other cases, our liability is excluded subject to the provision in section 9.3. The above liability limitation also applies to the personal liability of our employees, representatives and bodies.
9.3 Unlimited liability
Our liability for damages due to injury to life, limb or health and in accordance with mandatory statutory provisions remain unaffected from the above liability limitations and exceptions.
All images, photos, films and texts published in our online shop are copyright-protected. Their use is not permitted without the express advance written consent of the respective copyright holder.
11. Set-off; rights of retention
You are not permitted to offset against our claims, unless your counterclaims are legally determined or undisputed. You shall also be permitted to offset against our claims if you assert defect claims or counterclaims from the same purchase contract. As a purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
12. Miscellaneous provisions
12.1 Applicable law
The law of the Federal Republic of Germany applies with the exclusion of the UN Sales Convention. If your usual address is in Switzerland, Luxembourg, Italy, Spain, France, Bulgary or Greece at the time of your order, the application of mandatory legal provisions in these countries remains unaffected by the choice of legal system stipulated in clause one of this section.
12.2 Customer service
Should you have any questions, complaints or claims regarding your order, you may reach our customer service on weekdays between 9:00 am and 5:00 pm on the telephone number +49 800 5890357 and by email at email@example.com.
12.3 Dispute resolution
Dispute resolution: The EU Commission has created an Internet platform for the online resolution of disputes. The platform serves as a point of contact for the extrajudicial resolution of disputes regarding contractual obligations arising from online purchase contracts. Further information is available via the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in a dispute resolution proceeding before a consumer arbitration board.
Version of these GTBs: May 2021