Terms of service

Table of Contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Redeeming promotional vouchers
  10. Applicable Law
  11. Jurisdiction
  12. Alternative dispute resolution

1) Scope

1.1These general terms and conditions (hereinafter “Terms and Conditions”) of Vently UG (limited liability) (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.

1.3Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is in exercise their commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use under https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks on the button that completes the ordering process.

2.5When ordering via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login details.

2.6Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7The German language is available for concluding the contract.

2.8Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1Consumers generally have a right of withdrawal.

3.2More information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1Unless otherwise stated in the seller's product description As a result, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller's online shop.

4.4If you select a payment method offered via the “PayPal” payment service, payment is processed via PayPal, although PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, declarations of cancellation and returns or credit notes.

4.5If you select a payment method offered via the payment service “Shopify Payments”, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de .

5) Delivery and shipping conditions

5.1If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address provided by the customer with PayPal at the time of payment is decisive.

5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the provisions set out in the seller's cancellation policy apply to the return costs.

5.3If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment, if the customer commissions the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5Pickup is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • For new goods, the limitation period for defect rights is one year from delivery of the goods;
  • The warranty rights are excluded for used goods;
  • The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2The limitations of liability and shortened deadlines regulated above do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their normal use and have caused the building to be defective,
  • for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3In addition, the statutory limitation periods for an entrepreneur apply Any existing legal recourse claim remains unaffected.

7.4If the customer acts as a merchant i.S.d. § 1 HGB, he is subject to the commercial obligation to investigate and give notice of complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.

7.5If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1The seller is liable without restriction for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • based on a guarantee promise, unless otherwise regulated in this regard,
  • due to mandatory liability such as under the Product Liability Act.

8.2If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the previous paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.

8.3Furthermore, liability of the seller is excluded.

8.4The above liability regulations also apply with regard to the liability of the seller for its vicarious agents and legal agents Representative.

9) Redemption of promotional vouchers

9.1Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

9.2Individual products can be redeemed by be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.3Promotion vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4Several promotional vouchers can be redeemed in one order.

9.5If the promotional voucher refers to a specific value and not a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7The balance of a promotional voucher is neither paid out in cash nor bears interest.

9.8The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of power of representation of the respective owner.

10) Applicable law

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

11) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes is determined this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

12) Alternative Dispute Resolution

The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.