General terms and conditions of business
Terms and Conditions
Richard Alphons Portier Carrier
Vanilla concierge Richard Portier
Bahnhofstraße 1a
15526 Bad Saarow
www.vanillaconcierge.com
www.shop.vanillaconcierge.com
Phone: +49(0)15159898798
hello@vanillaconcierge.com
1. General
These General Terms and Conditions (GTC) apply to all offers and services in connection with the internet platform www.madavanilla.de. If the customer refers to the inclusion of their own terms and conditions of business or purchase, these are hereby rejected.
2. Conclusion of contract
(1) The service descriptions on our website www.vanillaconcierge.com do not constitute an offer to conclude a purchase contract. Such an offer is only concluded when the customer places an order online via the contact form or on the basis of an order placed by telephone or in text form. The confirmation of receipt of the order sent by us does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound by their offer (this expires) if we do not send them the declaration of acceptance within 5 calendar days (calculated from the date we receive the order).
(2) If a declaration of acceptance received by the customer late was sent in such a way that it would have reached him in time had the transport been carried out properly, and if the customer should have recognized this, he must notify us thereof. The delay must be notified to us immediately upon receipt of the declaration, unless it has already occurred beforehand. If the customer delays sending the notification, this does not constitute a delay in acceptance. Otherwise, the delayed acceptance by us shall be deemed a new offer to conclude a purchase contract, which the customer can accept by declaration of acceptance or by taking receipt of the goods.
3. Choice of law
The contractual relationship between the parties is governed by the laws of the Federal Republic of Germany. This choice of law excludes the mandatory consumer protection provisions of the country in which the customer has his or her habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
4. Prices, payment, delivery, shipping costs and returns
(1) The value added tax applicable at the time of the order is included in the remuneration.
(2) When concluding contracts, we offer the following payment options:
I. For deliveries within Germany:
1. Advance payment per
• Transfer
II. For deliveries abroad:
1. Advance payment per
• Transfer
III. Deliveries
(3) All items are delivered within Germany and within the EU.
(4) Delivery is made either by DHL, post or via the manufacturer’s own shipping company.
(5) If the purchased goods could not be delivered, the customer must bear the costs of returning the goods if he has given us an incorrect delivery address or has not accepted the goods at the delivery address or has not picked them up from the packing station.
5. Legal information on distance selling
(1) The description of the goods is based on the presentation on the Internet at www.vanillaconcierge.com
(2) The information on your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiry, the withdrawal form, the consequences of the withdrawal, e.g. return, return costs and replacement value, can be found under the menu item “Withdrawal policy”.
(3) Delivery shall take place no later than 7 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring credit institution (in the case of payment in advance) or after the contract has been concluded (in the case of purchase on account).
(4) We do not provide any customer services, in particular customer support, and do not provide any guarantees ourselves.
(5) We do not have any out-of-court complaint or legal remedy procedures.
(6) All further information about our company, the offer and the purchase process can be found in the information on our website.
6. Procedure for the settlement of consumer disputes
Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force since January 9, 2016. It applies to the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts between consumers and online retailers and aims to achieve a high level of consumer protection in the European internal market. The online dispute resolution (ODR) option is intended to offer a simple, efficient, fast, and cost-effective out-of-court resolution of disputes. The ODR platform forwards properly submitted complaints to the competent arbitration bodies (according to state law) (out-of-court dispute resolution). Use of the ODR platform itself is free of charge; in proceedings before the arbitration bodies, consumers may incur costs (up to EUR 30.00) if their application is deemed abusive. Link to the EU Commission's ODR platform: https://ec.europa.eu/consumers/odr
Our email address is: hello@vanillaconcierge.com
7. Information on electronic commerce
(1) Technical steps for the conclusion of the contract
See the explanations in Section 2 of our Terms and Conditions.
(2) Storage/printing of the contract text
The customer can save the contract text by using the "Save as" function of their browser to save the corresponding website to their computer. They also have the option of printing the contract text using their browser's print function. We store the contract texts ourselves and make them available to the customer by email or mail upon request.
(3) Possibility of correction
The customer can correct their entries at any time during the ordering process by clicking the "Back" button in the browser and then making the appropriate changes. The customer can cancel the entire ordering process at any time by closing the web browser. Furthermore, the order overview provides an additional correction option before submitting the online order, which the customer will be informed of.
(4) Language
The languages available for concluding the contract are exclusively German and English.
(5) Code of Conduct
We are not subject to any particular code of conduct (rules).
8. Guarantee
24 months and for used goods 12 months.
The warranty period begins with the handover of the goods to the buyer.
Warranty claims for new and used goods expire within two years from the date of delivery of the goods to the buyer. However, the regular limitation period of three years remains in effect.
starting at the end of the year in which
1. the claim has arisen and
2. the creditor has knowledge of the circumstances giving rise to the claim and the identity of the debtor or should have known of them without gross negligence,
- if it concerns liability for damages resulting from injury to life, body or health which are based on a negligent or intentional breach of duty by me or one of my vicarious agents or
- if it concerns liability for other damages which are based on an intentional or grossly negligent breach of duty by me or on an intentional or grossly negligent breach of duty by one of my vicarious agents or
– in the case of liability due to fraudulently concealed defects, in the case of claims arising from guarantees or in the case of liability under mandatory statutory provisions, e.g. under the Product Liability Act, or
– if the claims are based on a withdrawal agreed between the parties to the purchase contract, a price reduction agreed between the parties to the purchase contract or another agreement between the parties to the purchase contract regarding the processing of the warranty.
The two-year limitation period for recourse claims under Section 478 of the German Civil Code remains unaffected.
The warranty does not cover normal wear and tear.
9. Retention of title
1. We retain title to the delivered item until all payments under the purchase contract have been received. If the buyer fails to fulfill his contractual obligations, particularly in the event of late payment, we are entitled to demand the return of the delivered item; in this case, the buyer is obligated to surrender the item.
2. The buyer is obliged to notify us immediately in the event of any seizure of the purchased item or any other related access or attempted access by third parties to the purchased item so that we can exercise our rights under the retention of title.
10. Transport damage
(1) If goods are delivered with obvious transport damage, please report such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to file a complaint or contact us will not affect your statutory warranty claims. However, you will help us assert our own claims against the carrier or transport insurer.
11. Data protection
The data protection declaration for the implementation of the data protection regulations can be found in the separately available data protection declaration.
12. Copyright notice
The photos published on our website and the texts we create are protected by copyright. Unauthorized copying and publication (even in part) will be prosecuted under criminal and civil law in accordance with Section 97 of the German Copyright Act (UrhG).
13. Severability Clause
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements contain a gap, this shall not affect the validity of the remaining provisions.
Bad Saarow, June 1, 2022