terms and conditions
Terms of contract within the framework of purchase contracts concluded via the platform between
vaglas.com (Tizian Verwaltungs GmbH) - hereinafter referred to as the "Provider" - and the customers designated in § 2 of the contract - hereinafter referred to as the "Customer".
§ 1 Scope, Definitions
(1) For the business relationship between the webshop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products, in particular glass articles and glass goblets, from the provider's range and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking the button "buy", he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent by a separate e-mail.
(3) Changes require the written form, technical specifications and illustrations of the object of purchase in brochures and other advertising information are not guaranteed properties but descriptions or identifications of our products, separately agreed are in any case industry deviations (manufacturing tolerances) permissible.
In case of purchase according to samples, we shall endeavor to deliver in the quality and design of the sample.
Minor deviations do not justify any right of complaint on the part of the purchaser.
§ 3 Delivery, availability of goods
(1) If at the time of the order of the customer no copies of the product selected by him are available, the supplier will inform the customer. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also notify the Customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(3) The stated delivery times for the articles refer exclusively to working days and to the country: Federal Republic of Germany. For EU countries delay / increase gegbenenfalls the delivery times by a few days.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the provider are ex works or ex warehouse including the applicable statutory VAT. Delivery is always at the expense of the buyer. The choice of the transport route and means is made by us to the best of our ability for fast freight and timely arrival. With the handing over by the forwarding agent, carrier the risk is transferred to the buyer.
(2) The corresponding shipping & packaging costs will be indicated to the customer in the order form and are to be borne by the customer. From a goods order value of 600.00 EUR, the provider delivers to the customer free of shipping costs.
(3) The goods are shipped by mail or freight forwarding. If the customer wishes insured shipping, he must include this in his application by selecting the appropriate shipping method. The additional costs resulting from this are indicated in the order form and are to be borne by the customer.
(4) The minimum quantity surcharge below a purchase value of 50,00 € is 5,00 €.
§ 6 Payment modalities
(1) The customer can make the payment by prepayment/bank transfer, Pay Pal.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff BGB. In relation to entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
(2) A guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation in to the respective article.
(3) In the event of timely notification of justified complaints, defective quantities will be delivered subsequently. In the event of damage caused by force or improper handling, as well as in the event of interventions or repairs by the customer or third parties without our written consent, the claims for defects as well as the warranty shall expire.
In the case of parts subject to wear and tear, a material defect shall only exist in the case of damage that is not due to normal wear and tear.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 9 Right of withdrawal of the consumer
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal you must contact us:
Titian Verwaltungs GmbH
Zu langen Tal 1, 07639 Tautenhain
Phone +49(0)36601-937776 * Email: [email protected]
by means of a clear declaration (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use, if possible, the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, further that they are in perfect condition, show no signs of use and are not damaged, whichever is earlier."
You shall return the goods without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to us:
Tizian Verwaltungs GmbH - Zum langen Tal 1 07639 Tautenhain
to send back or to hand over. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
End of the cancellation policy
§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid.
(4) All images and texts on our website are protected by copyright and may not be used without our express consent.