Terms and Conditions
visitm GmbH
Am Sophienhof 10
D-24941 Flensburg
http://www.visitm.de
managing director: Kai Sievertsen
Amtsgericht Flensburg
Register of companies: HRB 1577
§ 1 Scope of terms and conditions
The following general business terms and conditions apply to the products and services offered by the visitm GmbH online shop. Anomalous business terms and conditions, as quoted by the purchaser, are not accepted by visitm GmbH, unless these have been acknowledged in writing by the company.
§ 2 Content of agreement, particulars concerning purchaser
(1) The goods offered in the visitm GmbH online shop can only be delivered subject to their availability. Should the required goods or service not be available, then visitm GmbH reserves the right, to offer goods or services of a similar quality and price, or alternatively to supply neither goods nor services i.e. to withdraw from the agreement. Should the goods be replaced by those of a similar quality, then the purchaser maintains the right to relinquish these goods or withdraw from the agreement according to § 3+4. The normal costs incurred for postage and packing will be met by the firm, visitm GmbH.
(2) The goods are offered as presented by visit.M GmbH. Guarantees or warranties do not apply and are not given. Statements concerning these goods or services, as made by a third party, are not legally binding for visit.M GmbH. Individual customer demands concerning these goods or services, over and above those laid down by visit.M GmbH, will not be acknowledged.
(3) Rechargeable batteries and other energy storage devices are subject to different aging processes according to their technical status and to the time factor involved. Improper usage, in particular overcharging and deviations in the charging and discharging of batteries, diminish the performance of these energy storage devices. It should be noted that this is a typical characteristic of such goods.
(4) The purchaser is legally bound to truthfully give all the necessary data required for the successful completion of an agreement, and to impart changes in these to visitm GmbH, in particular those changes relating to names, addresses, email addresses, telephone numbers and bank details, immediately.
Should the requisite data concerning the purchaser be incorrect or deficient, then visitm GmbH reserves the right to withdraw from the agreement. The cancellation of the agreement can follow per email and without a signature.
Errors in the details on the agreement will be assumed, should deliveries sent to the address given be returned, should an email be returned on three consecutive occasions, should the fax number not be accessible with three separate attempts, should the delivery be refused at the given address or should the goods not be deliverable at a given address due to errors in the address details.
(5) The agreement may also be completed in English.
§ 3 Conclusion of contract, cancellation or revocation of contract
(1) The presentation of the products in the visitm GmbH online shop is not legally binding, but is merely the visual presentation of the company's online range of products. However, by clicking on the order buttons you, as purchaser, commit yourself to the payment of those goods in your shopping cart. Visitm GmbH has the possibility to accept this order either by shipping the goods, or by sending an acknowledgement of the order within two calendar weeks. The purchase agreement will either be concluded with the shipment of the goods, or by separate cover with the acknowledgement. The online order will be carried out in accordance with the terms and conditions listed on the visitm GmbH website: http://www.visitm.de. Should errors occur in the order e.g. through typing, printing or calculation errors, then visitm GmbH reserves the right to withdraw from the agreement.
(2) Should the supplier not deliver the required goods, despite a binding agreement, then visitm GmbH reserves the right, also in this instance, to withdraw from the agreement. Should this occur, then the purchaser will be informed immediately, that the products or goods ordered are not available. Any monies, including related payments, paid to date will be refunded.
(3) visitm GmbH will retain your purchase data and send these together with a copy of its General Business Terms and Conditions per email. These terms and conditions (link to 'AGBs') can be viewed at any time on our website.
(4) Should the purchase agreement be linked to an agreement with a mobile telephone provider, then the agreement can only come into force, if the customer is accepted by this provider.
§ 4 Revocation
(1) Revocation rights:
The purchaser can withdraw from the agreement, without stating concrete reasons, by returning the goods or sending a written statement of withdrawal (e.g. by letter, fax or email) within a two-week period. This revocation period begins with the receipt of the goods and these written instructions. In order to take advantage of this revocation period, it is necessary to return the revocation or the goods within the agreed period. The revocation is to be addressed to:
visitm GmbH, Sophienhof 10, 24941 Flensburg, Fax: 0461 – 70 71 7071,email: info@visitm.de
(2) Consequences of revocation:
In the case of a successful revocation, both parties are responsible for the acknowledgment of this and, if necessary, for releasing information concerning any use made thereof.
If the purchaser is not able to return the goods in total or only partially, or if they are in a neglected state, then the purchaser is committed, to reimburse visitm GmbH.
The right of reimbursement does not apply, if the goods have deteriorated as a result of handling resp. examination, as is permissible in a high street shop.
In addition, the purchaser can prevent the necessity of reimbursement liability by the avoidance of normal usage and by preventing the use of the goods for purposes which will reduce their value.
Goods which can be packaged are to be returned.
The purchaser is responsible for the postage costs, if the goods being returned are in accordance with those ordered and if the purchase sum does not amount to more than €40. In addition he/she is responsible for these costs should the contractual payment not have followed in full, or only partially at the time of the revocation.
If the above conditions do not apply, then the costs for returning the goods will be met in full.
§ 5 Delivery
(1) Terms of delivery on the part of visitm GmbH apply to the shipment of goods within the Federal Republic of Germany. For the shipment of goods to other countries special conditions apply. These conditions can be supplied by visitm GmbH on request.
(2) If there are no special delivery requests, shipment will be effected straight from the warehouse to the address quoted by the purchaser in the order.
(3) Details regarding the deadlines for delivery are based on what visitm GmbH considers to be feasible due to past experience and are not, therefore, binding, unless a date of delivery has been exceptionally quoted and acknowledged.
(4) visitm GmbH only ships goods in usual household quantities.
§ 6 Payments, dates due and arrears in payments
(1) The prices include German VAT. However, those costs incurred for the postage, packing and delivery of the goods are additional.
(2) The purchase price is due as soon as the order has been placed, unless other conditions have been agreed.
(3) The purchaser may effect payment either by credit card or via a cash-on-delivery payment, or a shipment acceptance payment in advance. Your credit card will be debited at the time of shipment. Should payment be delayed, then visitm GmbH reserves the right to charge an interest rate of 5% on the delayed payment over and above that of the basic annual interest rate. Further, if visitm GmbH has incurred higher costs, (which can be verified), due to the delay in payment, then it is eligible to charge for these.
§ 7 Charges, withholding of monies
The right to make charges applies to the purchaser only inasmuch as his/her counterclaim has a legal basis, or has been recognized by visitm GmbH. In addition s/he is only authorised to withhold monies if his/her counterclaim is based on the same contractual relationship.
§ 8 Retention of title (Property rights)
The goods shipped remain the property of visitm GmbH until all open payments, on the part of the purchaser, have been effected in full.
§ 9 Liability
(1) A free replacement of faulty goods will follow in accordance with the respective guarantee agreements (for private consumers 2 years from acceptance of the goods, for businesses 1 year). In the case of liability for defects, e.g. for those which have occurred through personal negligence, or for those which fall outside of the guarantee period, the purchaser will be charged not only with the costs for the repairs, but also with material costs, transport costs etc.
(2) In order to claim in accordance with the guarantee, it is necessary to show the original invoice. It is also imperative that the purchaser retain the original delivery acknowledgement from visitm GmbH (delivery note on package) as proof of purchase.
(3) Should a replacement, due to a recognized claim, be accepted by visitm GmbH, then the purchaser has the right to demand a replacement of the goods in question. visitm GmbH is entitled to either replace or repair the goods. The purchaser, however, has no claim to a subsequent delivery.
Should the claim for a replacement be out of proportion, and should visitm GmbH not be in a position to replace (or be prepared to replace) the goods, or should the replacement be delayed through reasons known to visitm GmbH alone, or should the replacement be hindered in any other way, then the purchaser is authorised to withdraw from his/her agreement, and demand a reduced price or claim damages.
The purchaser, however, has no express claim to a subsequent delivery. A replacement process is aborted, after a second unsuccessful attempt has been made, unless the defect or damage claim or circumstance is an exceptional one.
(4) Any further claims on the part of the purchaser, regardless of their legal grounds, will be classified as invalid. visitm GmbH is not, therefore, liable for damage to goods other than those delivered, or for the loss of profit or other revenue loss on the part of the purchaser.
In those cases whereby visitm GmbH is not liable or only to a limited degree, this is to include liability towards employees, representatives and other auxiliary persons.
(5) Limited liability on the part of the firm, as previously mentioned, is not applicable, if the damage has occurred through intent or negligence, or if personal injury has been incurred. Liability will also not be accepted if the purchaser claims reimbursement according to § 1. 4 of the Product Liability Act (§§ 1, 4 Produkthaftungsgesetz).
(6) Should visitm GmbH have violated its contractual obligations through negligence, i.e. as laid down in the agreement, then reimbursement will follow in accordance with the type of damage incurred.
§ 10 Data protection
(1) The purchaser has been informed of the scope of data needed, and the use made thereof, in order to implement the purchase order. S/he is also aware that use of this personal data is a requirement for the sending of newsletters by visitm GmbH. (see 'Private Sphere and Data Protection').
(2) The purchaser expressly agrees to the use of this personal data for the purpose required.
(3) The purchaser has access to all his/her personal data which s/he has consented to give, and can recall, or alter, this personal information at any time.
§ 11 Applicable laws, Court of Jurisdiction
(1) German law according to the ''United Nations Convention on Contracts for the International Sale of Goods'' is applicable.
(2) The Court of Jurisdiction for all issues relating to the purchasers and the purchase of goods, is to be found in Flensburg.
Am Sophienhof 10
D-24941 Flensburg
http://www.visitm.de
managing director: Kai Sievertsen
Amtsgericht Flensburg
Register of companies: HRB 1577
§ 1 Scope of terms and conditions
The following general business terms and conditions apply to the products and services offered by the visitm GmbH online shop. Anomalous business terms and conditions, as quoted by the purchaser, are not accepted by visitm GmbH, unless these have been acknowledged in writing by the company.
§ 2 Content of agreement, particulars concerning purchaser
(1) The goods offered in the visitm GmbH online shop can only be delivered subject to their availability. Should the required goods or service not be available, then visitm GmbH reserves the right, to offer goods or services of a similar quality and price, or alternatively to supply neither goods nor services i.e. to withdraw from the agreement. Should the goods be replaced by those of a similar quality, then the purchaser maintains the right to relinquish these goods or withdraw from the agreement according to § 3+4. The normal costs incurred for postage and packing will be met by the firm, visitm GmbH.
(2) The goods are offered as presented by visit.M GmbH. Guarantees or warranties do not apply and are not given. Statements concerning these goods or services, as made by a third party, are not legally binding for visit.M GmbH. Individual customer demands concerning these goods or services, over and above those laid down by visit.M GmbH, will not be acknowledged.
(3) Rechargeable batteries and other energy storage devices are subject to different aging processes according to their technical status and to the time factor involved. Improper usage, in particular overcharging and deviations in the charging and discharging of batteries, diminish the performance of these energy storage devices. It should be noted that this is a typical characteristic of such goods.
(4) The purchaser is legally bound to truthfully give all the necessary data required for the successful completion of an agreement, and to impart changes in these to visitm GmbH, in particular those changes relating to names, addresses, email addresses, telephone numbers and bank details, immediately.
Should the requisite data concerning the purchaser be incorrect or deficient, then visitm GmbH reserves the right to withdraw from the agreement. The cancellation of the agreement can follow per email and without a signature.
Errors in the details on the agreement will be assumed, should deliveries sent to the address given be returned, should an email be returned on three consecutive occasions, should the fax number not be accessible with three separate attempts, should the delivery be refused at the given address or should the goods not be deliverable at a given address due to errors in the address details.
(5) The agreement may also be completed in English.
§ 3 Conclusion of contract, cancellation or revocation of contract
(1) The presentation of the products in the visitm GmbH online shop is not legally binding, but is merely the visual presentation of the company's online range of products. However, by clicking on the order buttons you, as purchaser, commit yourself to the payment of those goods in your shopping cart. Visitm GmbH has the possibility to accept this order either by shipping the goods, or by sending an acknowledgement of the order within two calendar weeks. The purchase agreement will either be concluded with the shipment of the goods, or by separate cover with the acknowledgement. The online order will be carried out in accordance with the terms and conditions listed on the visitm GmbH website: http://www.visitm.de. Should errors occur in the order e.g. through typing, printing or calculation errors, then visitm GmbH reserves the right to withdraw from the agreement.
(2) Should the supplier not deliver the required goods, despite a binding agreement, then visitm GmbH reserves the right, also in this instance, to withdraw from the agreement. Should this occur, then the purchaser will be informed immediately, that the products or goods ordered are not available. Any monies, including related payments, paid to date will be refunded.
(3) visitm GmbH will retain your purchase data and send these together with a copy of its General Business Terms and Conditions per email. These terms and conditions (link to 'AGBs') can be viewed at any time on our website.
(4) Should the purchase agreement be linked to an agreement with a mobile telephone provider, then the agreement can only come into force, if the customer is accepted by this provider.
§ 4 Revocation
(1) Revocation rights:
The purchaser can withdraw from the agreement, without stating concrete reasons, by returning the goods or sending a written statement of withdrawal (e.g. by letter, fax or email) within a two-week period. This revocation period begins with the receipt of the goods and these written instructions. In order to take advantage of this revocation period, it is necessary to return the revocation or the goods within the agreed period. The revocation is to be addressed to:
visitm GmbH, Sophienhof 10, 24941 Flensburg, Fax: 0461 – 70 71 7071,email: info@visitm.de
(2) Consequences of revocation:
In the case of a successful revocation, both parties are responsible for the acknowledgment of this and, if necessary, for releasing information concerning any use made thereof.
If the purchaser is not able to return the goods in total or only partially, or if they are in a neglected state, then the purchaser is committed, to reimburse visitm GmbH.
The right of reimbursement does not apply, if the goods have deteriorated as a result of handling resp. examination, as is permissible in a high street shop.
In addition, the purchaser can prevent the necessity of reimbursement liability by the avoidance of normal usage and by preventing the use of the goods for purposes which will reduce their value.
Goods which can be packaged are to be returned.
The purchaser is responsible for the postage costs, if the goods being returned are in accordance with those ordered and if the purchase sum does not amount to more than €40. In addition he/she is responsible for these costs should the contractual payment not have followed in full, or only partially at the time of the revocation.
If the above conditions do not apply, then the costs for returning the goods will be met in full.
§ 5 Delivery
(1) Terms of delivery on the part of visitm GmbH apply to the shipment of goods within the Federal Republic of Germany. For the shipment of goods to other countries special conditions apply. These conditions can be supplied by visitm GmbH on request.
(2) If there are no special delivery requests, shipment will be effected straight from the warehouse to the address quoted by the purchaser in the order.
(3) Details regarding the deadlines for delivery are based on what visitm GmbH considers to be feasible due to past experience and are not, therefore, binding, unless a date of delivery has been exceptionally quoted and acknowledged.
(4) visitm GmbH only ships goods in usual household quantities.
§ 6 Payments, dates due and arrears in payments
(1) The prices include German VAT. However, those costs incurred for the postage, packing and delivery of the goods are additional.
(2) The purchase price is due as soon as the order has been placed, unless other conditions have been agreed.
(3) The purchaser may effect payment either by credit card or via a cash-on-delivery payment, or a shipment acceptance payment in advance. Your credit card will be debited at the time of shipment. Should payment be delayed, then visitm GmbH reserves the right to charge an interest rate of 5% on the delayed payment over and above that of the basic annual interest rate. Further, if visitm GmbH has incurred higher costs, (which can be verified), due to the delay in payment, then it is eligible to charge for these.
§ 7 Charges, withholding of monies
The right to make charges applies to the purchaser only inasmuch as his/her counterclaim has a legal basis, or has been recognized by visitm GmbH. In addition s/he is only authorised to withhold monies if his/her counterclaim is based on the same contractual relationship.
§ 8 Retention of title (Property rights)
The goods shipped remain the property of visitm GmbH until all open payments, on the part of the purchaser, have been effected in full.
§ 9 Liability
(1) A free replacement of faulty goods will follow in accordance with the respective guarantee agreements (for private consumers 2 years from acceptance of the goods, for businesses 1 year). In the case of liability for defects, e.g. for those which have occurred through personal negligence, or for those which fall outside of the guarantee period, the purchaser will be charged not only with the costs for the repairs, but also with material costs, transport costs etc.
(2) In order to claim in accordance with the guarantee, it is necessary to show the original invoice. It is also imperative that the purchaser retain the original delivery acknowledgement from visitm GmbH (delivery note on package) as proof of purchase.
(3) Should a replacement, due to a recognized claim, be accepted by visitm GmbH, then the purchaser has the right to demand a replacement of the goods in question. visitm GmbH is entitled to either replace or repair the goods. The purchaser, however, has no claim to a subsequent delivery.
Should the claim for a replacement be out of proportion, and should visitm GmbH not be in a position to replace (or be prepared to replace) the goods, or should the replacement be delayed through reasons known to visitm GmbH alone, or should the replacement be hindered in any other way, then the purchaser is authorised to withdraw from his/her agreement, and demand a reduced price or claim damages.
The purchaser, however, has no express claim to a subsequent delivery. A replacement process is aborted, after a second unsuccessful attempt has been made, unless the defect or damage claim or circumstance is an exceptional one.
(4) Any further claims on the part of the purchaser, regardless of their legal grounds, will be classified as invalid. visitm GmbH is not, therefore, liable for damage to goods other than those delivered, or for the loss of profit or other revenue loss on the part of the purchaser.
In those cases whereby visitm GmbH is not liable or only to a limited degree, this is to include liability towards employees, representatives and other auxiliary persons.
(5) Limited liability on the part of the firm, as previously mentioned, is not applicable, if the damage has occurred through intent or negligence, or if personal injury has been incurred. Liability will also not be accepted if the purchaser claims reimbursement according to § 1. 4 of the Product Liability Act (§§ 1, 4 Produkthaftungsgesetz).
(6) Should visitm GmbH have violated its contractual obligations through negligence, i.e. as laid down in the agreement, then reimbursement will follow in accordance with the type of damage incurred.
§ 10 Data protection
(1) The purchaser has been informed of the scope of data needed, and the use made thereof, in order to implement the purchase order. S/he is also aware that use of this personal data is a requirement for the sending of newsletters by visitm GmbH. (see 'Private Sphere and Data Protection').
(2) The purchaser expressly agrees to the use of this personal data for the purpose required.
(3) The purchaser has access to all his/her personal data which s/he has consented to give, and can recall, or alter, this personal information at any time.
§ 11 Applicable laws, Court of Jurisdiction
(1) German law according to the ''United Nations Convention on Contracts for the International Sale of Goods'' is applicable.
(2) The Court of Jurisdiction for all issues relating to the purchasers and the purchase of goods, is to be found in Flensburg.
