General Terms and Conditions of Manifattura Valor GmbH for Transactions with Consumers (according to § 13 BGB) General Terms and Conditions of Manifattura VALOR GmbH for Transactions with Consumers
§ 1 General
The following general terms and conditions apply to all purchases by consumers from Manifattura VALOR GmbH.
A consumer, according to § 13 BGB, is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
§ 2 Offer and Conclusion of Contract, Information on Ordering Steps
(1) All goods offered on our websites constitute an invitation for you to submit an offer. You will initially receive confirmation of the receipt of your order via email to the email address you provided. This confirmation email does not usually constitute acceptance of your offer. Such acceptance is only made through a separate declaration of acceptance on our part, at the latest within two working days after receipt of your order. (2) When ordering through our online shop, the ordering process generally consists of four steps. In the first step, you select the desired goods and place them in the shopping cart by clicking "Add to Cart." In the next step, you proceed from the shopping cart to checkout by selecting "Proceed to Checkout." In the third step, you register with your customer data and enter your billing address and, if applicable, a different delivery address. Then, you decide how you want to pay. Afterward, you receive an order summary. In this step, you have the opportunity to review and, if necessary, correct all information (e.g., name, address, payment method, ordered items) before submitting your binding order in the last step by clicking "Place Order Now."
§ 3 Storage of Contract Text, Costs of Contract Conclusion, Languages, Accessibility
(1) We store the contract text (order data) and send you the order data by email. You can print out this contract text before sending your order to us by clicking "Print" in the last step of the order. After sending your order, the contract text is no longer accessible to you. (2) There are no costs for the use of the means of distance communication used for the conclusion of the contract beyond the mere use of the means of distance communication. (3) In the confirmation email to the email address you provided, you will also find our general terms and conditions. (4) The German language is available for the conclusion of the contract.
§ 4 Handling of Complaints
In case of a complaint, we proceed as follows: After contact by the customer (email, telephone, etc.), we will promptly examine your concerns and initiate appropriate measures. In the case of a defect, § 12 applies. We have not subjected ourselves to any code of conduct.
§ 5 Delivery Area, Delivery Time, and Delivery Method
(1) The delivery area is limited to the countries of the European Union and Switzerland. In individual cases, delivery to other areas may be possible upon request. (2) Delivery is made within the working days specified on the respective product detail page (Monday to Saturday, excluding public holidays) after receipt of payment by the transferring credit institution or PayPal. For the calculation, the latest delivery time indication of the items in the shopping cart is decisive for orders of multiple goods. For items for which a separate date for the start of delivery is indicated, the delivery period begins no earlier than this date. (3) We offer standard delivery as the delivery method.
§ 6 Shipping Costs (1)
The shipping costs are as follows:
(2) If delivery takes place to a state other than the delivery area, the shipping costs will be provided upon request. (3) For deliveries to non-EU countries, additional customs duties, taxes, and fees apply. Further information can be found at http://ec.europa.eu/taxation_customs/customs/customs_duties/index_de.htm and on import turnover tax at http://auskunft.ezt-online.de/ezto/Welcome.do
§ 7 Prices, Payment Conditions, Retention of Title
(1) All prices are total prices in euros, including the legally valid value-added tax, plus applicable shipping costs according to § 6. (2) The purchase price is due upon conclusion of the contract and must be paid by advance payment within 10 days to the bank account specified by the seller or via PayPal at the latest. (3) The goods remain our property until full payment is received.
§ 8 Cost Allocation Agreement for Consumers according to § 13 BGB in Case of Exercising the Right of Withdrawal and Refund of Payments Made
(1) If you exercise your right of withdrawal according to § 10 of these general terms and conditions, you are responsible for the regular costs of returning the goods. (2) We generally choose the same payment method for the refund that you used for the payment.
§ 9 Right of Withdrawal for Consumers
(1) If you conclude the legal transaction for a purpose that can predominantly neither be attributed to your commercial nor your independent professional activity (consumer), you have a right of withdrawal according to § 312g in conjunction with § 355 BGB.
Withdrawal Instructions Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us, Manifattura VALOR GmbH, firstname.lastname@example.org, Tel: +49 (0)7161 65 39 000, Fax: +49 (0)7161 65 39 009, by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal If you withdraw from this contract, we will reimburse you for all payments we have received from you, including the delivery costs (except for the additional costs arising from your choosing a different type of delivery than the one offered by us, the least expensive standard delivery), without undue delay and in any event not later than fourteen 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 fourteen 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 fourteen days has expired. You will 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.
§ 10 Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.) To
Manifattura VALOR GmbH Lorcher Str. 61 73033 Göppingen
The withdrawal is to be addressed by email to: Email: email@example.com
The withdrawal is to be addressed by fax to: Fax: +49 (0)7161 65 39 009
The withdrawal is to be addressed by telephone to: Fax: +49 (0)7161 65 39 000
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service () Ordered on ()/received on () Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only if communicated on paper) Date (*) Delete as applicable.
§ 11 Non-Existence of the Right of Withdrawal
The right of withdrawal does not exist according to § 312g para. 2 BGB in the case of contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 12 Warranty, Limitation of Liability
(1) The warranty is provided in accordance with legal regulations. (2) In case of intent or gross negligence and in the absence of a guaranteed characteristic, we are liable without limitation for all damages resulting from this. (3) In case of simple negligence, we are liable in the event of a breach of life, body, or health without limitation. If we are in default with our performance due to simple negligence, if our performance has become impossible, or if we have violated a material obligation, liability for resulting property and financial damages is limited to the foreseeable, contract-typical damage. A material obligation is one whose fulfillment enables the proper execution of the contract, the breach of which jeopardizes the purpose of the contract, and on whose compliance the user can regularly rely. (4) Liability for all other damages is excluded, with the exception of liability under the Product Liability Act.
§ 13 Applicable Law, Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. This choice of law applies only insofar as it does not restrict mandatory legal provisions of the state in which the consumer has his habitual residence or domicile. These mandatory provisions also apply. (2) The place of jurisdiction for all disputes arising from this contractual relationship is, at our discretion, Göppingen or any other statutory place of jurisdiction for full merchants and persons who do not have a general place of jurisdiction in the Federal Republic of Germany.
However, a consumer according to § 13 BGB, who has his residence or habitual residence within the EU, can only be sued before the courts of the Member State in whose territory he has his residence according to Art. 16 para. 2 EuGVVO.
As of September 2020