Terms of Service

General Business Terms
of the company
VTH – Verlag für Technik und Handwerk neue Medien GmbH
Bertha-Benz-Str. 7,
76532 Baden-Baden (Germany)
hereinafter referred to as VTH

General remarks, scope of application, delivery restrictions

1.1 The following General Business Terms are valid for all deliveries and obligations offered by VTH through the online presence www.vth-shop.com or through other means (for example catalogue). The respective current version can be accessed under “General Business Terms” on the website www.vth-shop.com.

1.2 Customers for the purpose of the General Business Terms are entrepreneurs according to § 14 BGB as well as consumers according to § 13 BGB. Each natural person who concludes a legal transaction for purposes which cannot be attributed neither to their commercial nor their self-employed professional activity is a consumer.

1.3 Herewith the inclusion of own General Business Terms of the customer is being opted out.

Contractual item

Contractual item is the sale of goods. The particulars, especially the primary features of the merchandise, are found in the article description.

Contract closing

3.1 All offers of goods presented by VTH in the online shop, in catalogues or in any other way only constitute non-binding incitements to the customer to order goods.

3.2 With his order the customers places a binding offer for the conclusion of a purchasing contract with VTH.

3.3 The acceptance of an offer of purchase is taking place either through shipment of the merchandise or through order confirmation.

3.4 Any confirmation e-mail potentially sent after receipt of an order in the online shop serves only the purpose to document the receipt of the order. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared explicitly in this e-mail.

3.5 VTH is at liberty to not accept orders. In case an order by a customer is not executed, the customer will immediately be informed about this.

3.6 The customer assures that the information submitted with the order respectively the registration is truthful. Changes of this information hast to be submitted to VTH immediately.

3.7 The customer explicitly accepts the validity of the current General Business Terms with his order.

3.8 At the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent to the customer by us on a durable data medium (e.g. e-mail) (contract confirmation). The contract text will be stored in compliance with data protection,

3.9 The contract language is German. Even if the text of the contract should be translated into another language, the German text of the contract shall remain binding.

Prices

4.1 All prices stated by VTH are inclusive of the respective applicable statutory VAT.

4.2 The accruing shipping costs are not included in the purchasing price. They are based on the respective purchasing offer and the shipping information included therein. With the placement of the order the customer accepts to bear the shipping costs.

4.3 The shipping costs are being displayed on an overview page before conclusion of the ordering process.

Conditions of payment

5.1 Principally the payment takes place after the customer has chosen his payment method available at the time of the ordering process.

5.2 If advance payment is being agreed upon, the payment is due immediately after conclusion of the contract.

5.3 For first orders we deliver from an order value of 100.00 EUR exclusively against prepayment.

5.4. In case of a charge back, which has not been caused by VTH, the charge back fees are to be paid by the customer.

Reservation of ownership

The goods remain the property of VTH until the full payment.

Delivery and shipping

7.1 The delivery is taking place within the period of delivery stated in the description of the product. The period of delivery identifies the necessary working days (Mondays to Fridays, public holidays not included) for delivery after conclusion of the contract (for payment by credit card) respectively after electronic confirmation of the payment receipt (for advance payment).

7.2 VTH is entitled for partial shipments within a reasonable scope for the customer. The delivery takes place with several packages provided that weight and/or volume of the goods necessitate this or with several single shipments, provided that several suppliers are active due to different storage locations of the goods. This is especially valid for multiple orders. If the order includes more than one delivery address, shipping costs for each delivery address are being charged.

7.3 The delivery takes place to the address stated by the customer either by mail or by shipping agent to the curbside. Place of delivery is not the usage location planned by the customer. An assembly or other service exceeding the curbside delivery does not take place.

7.4 The delivery persons deployed by VTH are not entitled to perform services exceeding the scope mentioned in 7.3. In case such services are being performed by delivery persons, no charges against VTH arise. Costs accruing through this are to be paid by the customer.

Transfer of risk and default of acceptance

8.1. The danger of accidental destruction or accidental degradation of the sold goods is being transferred with delivery of the goods to the customer.

8.2 It is equivalent of delivery, if the goods cannot be delivered to the address stated by the customer and if the purchaser is responsible for this (default of acceptance).

8.3 If the shipping agent sends back the dispatched goods to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch. This is not valid, if the customer exercises his cancellation right effectively, if he is not responsible for the impossibility of the delivery or if he was temporarily unavailable for the acceptance of the offered service, unless the seller had announced the service at an appropriate time before.

Information concerning warranty

9.1 The legal warranty is valid.

9.2 The statute of limitation for claims for defects for new goods in the original packaging is 24 months, calculated from transfer of risk. The statute of limitation for claims for defects for used goods is 12 months, calculated from transfer of risk. The statute of limitation of one year is not valid, if gross negligence or fraud are reproachable to VTH, furthermore not in case of physical or health damages of the customer caused by VTH.

9.3 If the goods are clearly visibly damaged, the customer as consumer is asked to open the package in the presence of the delivery person, in order to check the goods for completeness, obvious defects and transport damages and to note complaints on the delivery note and inform VTH as soon as possible. If the customer does not oblige, this does not have any effect on the legal claims for defects.

Liability

10.1 VTH is liable according to the provision of the law, provided the customer argues compensation claims based on fraud or gross negligence including fraud or gross negligence of its representatives or subcontractors. Provided VTH is not accused of willful breach of contract, the compensation liability is restricted to the foreseeable, typically occurring damage. VTH is liable according to the provisions of the law, provided VTH culpably infringes an essential contractual commitment; also in this case the compensation liability is restricted to the foreseeable, typically occurring damage. An essential contractual commitment is on hand, if the dereliction of duty is referring to a duty to which fulfillment the customer has trusted or even could have trusted.

10.2 The liability concerning more culpable injury to life, body or health remains untouched, this is also valid for the mandatory liability according to the product liability act.

10.3 Provided nothing divergent is being regulated in the foregoing passage, the liability is excluded.

Legal withdrawal right

Principally consumers have a right of withdrawal. Further information about this right of withdrawal results from the withdrawal policy of VTH (“right of withdrawal – shop”).

Data privacy

12.1 The necessary customer data for business purposes is collected and stored. The data handling takes place according to the valid data protection regulations especially the General Data Protection Regulation (GDPR), Bundesdatenschutzgesetz (BDSG) and the Telemediengesetz (TMG). Further information about VTH’s handling of personal data can be found in our Data Privacy Statement

Applicable law and place of jurisdiction

German law under exclusion of the UN Convention on Contracts for the International Sale of Goods is valid. For consumers this choice of law is only valid, provided that the protection rights of the consumer granted by the necessary provisions of the law of the state of habitual residence are not revoked because of this. With respect to entrepreneurs, place of jurisdiction is Baden-Baden, insofar as it is permitted by law.

Information concerning online dispute resolution

The EU commission provides a platform for the online dispute resolution in the internet under the following link: ec.europa.eu/consumers/odr;

This platform serves as a contact point for the extrajudicial dispute resolution of conflicts from online purchasing or service contracts with involvement of a consumer.

VTH is neither obliged nor willing to participate in proceedings for dispute resolution in front of a consumer arbitration service.