Terms of service

1) Scope of Application

1.1 These Terms and Conditions of the website valinde.shop (hereinafter referred to as "Seller”) shall apply to all contracts a consumer or a trader (hereinafter referred to as "Client") concludes with the Seller related to the seller's goods and/or services presented by the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

 

2) Conclusion of the Contract

2.1 When placing an item, the Seller shall make a binding offer to the interested party for the sale of this item.

2.2 The Client can accept the Seller’s offer via an online order form. In doing so, the Client has to place the selected item in the virtual shopping basket and subsequently, he has to go through the ordering steps. By clicking on the button finalizing the order process, the Client declares the acceptance of the offer, whereby a contract comes into effect regarding the item previously selected by the Client.

2.3 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information in text form (for example via e-mail, fax or letter) after conclusion of the contract. In addition, the contract's content will be stored and can be called free of charge by the Client via his password-protected customer account.

2.4 The Client can correct all the data entered via the technical means provided prior to submitting his order. Corrections can be made directly in the respective input fields of the online shop via the usual keyboard and mouse function.

2.5 The German and the English language are exclusively available for the conclusion of the contract.

 

3) Right to Cancel

Consumers are entitled to the right to cancel. Further information on the right to cancel can be found in the Seller’s instructions regarding the right to cancel.

 

4) Price and Delivery Costs

4.1 The prices indicated by the Seller are final prices and include the legal value-added tax. Any additional delivery and shipping costs are indicated in each respective product description if applicable.

4.2 For 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.

4.3 Various modes of payment are available for the Client which are indicated in the Seller's online shop.

4.4 When using a payment method offered via the payment service "Shopify Payments", the payment processing is carried out by Shopify International Limited, organized under the laws of Ireland, with offices at 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland4.5 If payment in advance is agreed, payment is due immediately after the conclusion of the contract.

4.6 When selecting the payment method "PayPal", payment will be made via the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the PayPal conditions of use which can be viewed at paypal.com/de/webapps/mpp/ua/useragreement-full.

 

5) Shipment and delivery conditions

5.1 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.

5.2 Should the Client collect the goods himself, the Seller informs the Client via e-mail, that the goods are ready for collection. After receipt of the e-mail the Client may collect the goods at the Seller’s place of business after consultation with the Seller. In this case no shipping costs will be charged.

 

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

 

7) Liability for defects

Should the object of purchase be deficient, the statutory provisions shall apply.

 

8) Special Conditions for the Processing of Goods According to Client's Specifications

8.1 If, according to the content of the contract, the Seller is responsible for the delivery of the goods and also the processing of the goods in accordance with the Client’s specifications, the Client must provide the Seller with all content needed for processing such texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant him the rights of use required for this purpose. The Client is solely responsible for the procurement and acquisition of rights to this content. The Client declares and accepts responsibility for the fact that he has the right to use the content provided to the Seller. In particular, he shall ensure that no third-party rights are infringed (in particular, copyrights, trademarks, and personal rights).

8.2 The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller’s contractual use of the Client’s content. The Client shall also bear the reasonable costs of the necessary legal defense, including all court and lawyer's fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.

8.3 The Seller reserves the right to refuse processing orders, if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies violence.

 

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

 

10) Code of Conduct

The Seller has agreed to the conditions of participation for the e-commerce initiative "Fairness in Commerce", which can be viewed on the Internet at fairness-im-handel.de/teilnahmebedingungen/.

 

11) Alternative Dispute Resolution

The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.