General Terms and Conditions
Last updated: July 1, 2019
These General Terms and Conditions (the “GTC”) shall apply to all contractual agreements (hereinafter referred to as “Contract”) between Veteducators GmbH (hereinafter referred to as “Veteducators”) and customers of products (the “Customer”). The GTC applies both to consumers and companies, unless a differentiation is made in the relevant clause.
Consumers are natural persons concluding a legal transaction which cannot be predominantly attributed to their commercial, nor their independent professional activity. Entrepreneurs, by contrast, are natural persons or legal entities or legally constituted partnerships placing orders for commercial, independent or freelance purposes.
For entrepreneurs applies: If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contract language and conclusion of contract
All contracts are concluded with Veteducators.
The presentation of the products in our online shop and/or by any other means does not constitute a legally binding offer, but merely an invitation to place orders. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the ordering process. By clicking „Buy now“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods.
If the order is made by other means than the online shop, the contract shall be deemed concluded by acceptance of the customer order by Veteducators. A contract comes into existence between you and us as soon as we accept your order by means of a separate email or dispatch the goods. The customer waives their right to receive acceptance notification as per Clause 151 Sentence 1 of the German Civil Code (BGB).
You will receive the contractual provisions together with information on the goods ordered including these GTC and the information on the right of revocation by e-mail upon acceptance of the contract offer together or together with the notification thereof this.
Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in text form (for example by e-mail), which you can accept within 5 days.
3. Contract language and storage of the contract text
The contract language is exclusively German. As an additional service we offer our customers the option of changing the language in the online shop. The descriptions of items on the foreign language pages are in many cases abridged and/or incomplete. In the event of contradictions between the German text and the translations, the German text shall prevail. Order confirmation and other information is not offered in all languages, but only in German or English.
The applicable prices are those listed in the online shop at the time the order is placed. In principle all prices are gross prices including statutory VAT and are specified in EUROs (€). The prices are to be understood as per unit and shall apply shipping costs.
5. Payment terms and conditions
In the online shop we offer you the following forms of payment:
When placing the order, you provide your credit card details and the credit card company performs an authorization check. After your legitimacy as a legitimate cardholder, the payment transaction will automatically be completed and your card will be charged.
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check. In the case of payment by invoice the purchase price is payable within 14 days of invoice for private customers and for commercial customers within 30 days of invoice.
When ordering by email, fax or phone we offer you the following basic forms of payment: payment in advance, PayPal and invoice.
We reserve the right, having checked your customer information, notwithstanding the stipulations above, not to offer you particular forms of payment and to refer you to other forms of payment. Under no circumstances do we undertake to cover charges due in respect of a money transaction such as, for example, a charge levied for using a credit card abroad.
You declare your agreement that invoices and credit notes shall be provided exclusively in electronic form. Please email us at firstname.lastname@example.org, if you would like to deny this consent.
Consumers (i.e. every natural person who concludes a legal transaction for a purpose which can neither be attributed to his commercial nor his self-employed professional activity) are entitled to the right of withdrawal in accordance with the statutory provisions. Entrepreneurs are not granted a voluntary right of withdrawal.
In all other respects, the provisions set out in detail in the following withdrawal instructions (no. I.) shall apply to the right of withdrawal. A sample withdrawal form can be found under no. II. below.
I. Instructions on withdrawal
Right of withdrawal
You have the right to withdraw this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us
Werner-Voß-Damm 62, 12101 Berlin
Tel.: +49 (0)30 97987362
of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an email). You can use the attached sample revocation form, which is not mandatory.
In order to meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 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 14 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 14 days has expired. You will have to 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.
End of the instructions on withdrawal
Caution: The right of withdrawal does not apply to contracts regarding
the supply of goods made to customer specifications or clearly customized to personal needs;
the delivery of goods which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which, due to their nature, are, after delivery, inseparately mixed with other items;
Please do not return any parcels freight collect. Please contact us before returning any parcels.
(If you want to withdraw from the contract, please fill out this form and send it back.)
7. Reservation of proprietary rights
The delivered goods remain our property until full payment is made. For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims arising from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the goods subject to retention of title with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims, as long as you do not meet your payment obligations.
In addition to the stated product prices shipping costs are added.
We will inform you of shipping costs and precise delivery deadlines in the order summary before the order is completed. Basic information in respect of shipment costs and delivery conditions may be found here.
If it is not possible to make a delivery to you because you were not to be found at the specified delivery address, despite having been notified of the time of delivery with a reasonable period of notice, you shall cover the costs of re-delivery.
You have the option of picking up at our office Veteducators GmbH, Werner-Voß-Damm 62, 12101, Berlin during the following business hours: Mondays and Thursdays from 09:00 to 17:00. Orders which are not collected within seven days of being available for collection from the shop shall be cancelled by us. It is not possible to deliver to PO boxes or packaging stations.
In the case of commercial customers shipment is at the risk of the recipient.
9. Transport damage
For consumers applies: If goods are delivered with obvious transport damage, so please complain such errors, if possible immediately to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. If you refrain from doing so, the goods are deemed to have been approved unless they are defects that were not identifiable during the inspection.
In the case of product orders for delivery outside the EU import tariffs and taxes may be levied as soon as the parcel arrives at its destination. You are responsible for covering any additional fees for customs clearance. Veteducators has no influence on these fees.
We shall be liable for material defects or defects in title in accordance with the applicable statutory provisions, in particular §§ 434ff. of the German Civil Code (BGB).
The limitation period for statutory warranty claims is two years for consumers and begins with the delivery of the goods. For entrepreneurs, the warranty period for goods delivered by Veteducators is 12 months. With regard to merchants, § 377 HGB (German Commercial Code) applies.
12. Limitation of liability
Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or its vicarious agents. The provisions of the Product Liability Act shall remain unaffected. In addition, we are liable without limitation for guarantee promises, if agreed.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded damage limited, which typically has to be expected.
13. Dispute Resolution
The European Commission has established an online dispute resolution platform (ODR platform) that can be accessed here. We are, however, neither willing nor obliged to participate in a conciliation procedure.
14. Applicable law and jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and at the time of your order have your habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
Insofar as the customer constitutes a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the parties shall be the registered office of Veteducators. However, in this case we are also entitled to file a claim at the customer’s place of business.
15. Final Provisions
The terms and conditions stipulated herein are complete and final. Amendments and changes of these GTC shall be made in writing in avoidance of any doubt or dispute between the parties regarding the content of the agreement.
Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
16. Contact information
In the event of queries or observations please feel free to get in touch with us. We are always looking for customer-centred solutions in case problems or faults occur.
Werner-Voß-Damm 62, 12101 Berlin
Tel.: +49 (0)30 69036-0
Registration Court: District Court of Berlin (Charlottenburg) HRB 205654
Managing director: Dr. Laura Schüller
VAT ID: DE 323718117