General Terms and Conditions.

1. Scope of application

(1) These General Terms and Conditions of Business (T+Cs) contain the exclusive provisions applying between you, our customer, and us, VUXXX GmbH, Friederikenstr. 11, 26871 Papenburg, Germany, for all deliveries and services, particularly those ordered via our website if these conditions are not altered by written agreements between the parties. We are your contractual partner. In submitting your order, you recognise these conditions as exclusively dispositive.

(2) Exclusively companies, as well as persons at least 18 years of age and able to contract without restriction acting as part of their commercial or self-employed professional activity (business-to-business transaction) can order; however, consumers cannot order. VUXXX GmbH is neither willing nor required to participate in dispute settlement proceedings before a consumer arbitration board.

(3) Our customers’ T+Cs shall not be recognised by us even if we did not explicitly reject these or if we provided or accepted deliveries or services without any explicit objection. Even if we make reference to a letter containing conditions of a customer or third party or makes mention of such, this does not represent any agreement to the validity of such T+Cs. In submitting your order, you recognise our conditions as exclusively dispositive. Only those regulations of the contractual partners supersede these T+Cs as made by the contractual partners in an order or in other agreements or accords deviating from these T+Cs.

2. Registration as a customerer
(1)  You can register with us as a customer (registration) to view your orders in the customer area (account) to avoid having to re-enter the customer data for further orders; however, you can also order as a guest. There is no entitlement to be granted access to our order system. You are duty-bound to make complete and true statements when you register and order. You are also duty-bound to keep your chosen password secret and strictly to not communicate this to any third party.

(2) During registration and any purchase, these T+Cs shall be accepted; you can view, download and print them out. Moreover, these T+Cs are not saved in a manner that you can access on the internet; the respective current conditions are always shown here only.

(3) If the order is not an individual order with guest access and also no specific term or termination regulation has been agreed on a custom basis, the customer may at any time end the customer relationship with us without observing a notice period by deleting his/her account or by termination to us at least in text form (e-mail is sufficient); we are likewise entitled to end the customer relationship at any time without notice and without stating reasons with effect for the future. Termination shall be made to the customer at least in text form (e-mail is sufficient); if the customer cannot be reached, deleting the account is sufficient.

3. Data protection
Please observe our Privacy Policy.

4. Conclusion of Contract
(1) When placing an order in the online shop, the customer submits an offer to conclude a purchase contract with the content of each order. The customer’s offer refers to the product assigned to the stated order number. The product illustrations in the online shop are examples and may deviate from the ordered product for technical reasons.

(2) When an order is placed in the online shop, the order process involves a total of four steps. In the first step, choose your products. In the second step, enter your customer details including invoice address and, if relevant, deviating delivery address. In the third step, choose how you would like to pay. In the final step, you can verify all entries again (e.g. name, address, payment method, ordered products) and correct them, if necessary, before you submit your order to us by clicking on “Confirm purchase” and submitting a binding offer.

(3) Your order data are saved and we will confirm that we have received the order by way of a confirmation e-mail, containing the required order data to execute the contract. Above and beyond this, the contract text is saved in a manner that you cannot access via the internet. This order confirmation does not represent us accepting your contract offer unless this is expressly denoted as an order confirmation. It merely informs you that we have received the order. A contract arises between you and us as soon as we accept your order by way of an order confirmation expressly denoted as such or even earlier as soon as you receive our prompt to initiate the payment process.

(4) You do not have any distance selling right of revocation as it is not a consumer contract. Independent thereof, your warranty entitlements remain unaffected if the goods are faulty.

5. Payment conditions
(1) The prices result from our respective current price list if no other prices have been agreed. Our prices do not include statutory value-added tax (VAT) if not specifically stated; VAT is itemised specifically in the invoice at the statutory level on the date of invoicing. Ancillary costs (packaging, shipping costs, transport insurance, for export deliveries: customs, fees and other public dues) are likewise charged separately. The deduction of a cash discount requires special written agreement. If nothing else is contained in the order confirmation, invoices shall be paid without deduction immediately upon receipt. The statutory rules apply regarding the consequences of payment arrears.

(2) The prices indicated in our online shop at the time of order apply. Goods are paid for on account, as well as by the payment types offered to you when you place orders in the online shop (advance payment, invoice, bank transfer, Amazon Pay, PayPal). Partial payments are not permissible.

(3) Shipping costs are based on the shipping costs table. The costs are itemised in the online shop relating to the order and specially itemised on the invoice.

(4) We are entitled to execute or render outstanding deliveries or performance only against advance payment or payment of a security if we become aware of circumstances following contract conclusion casting significant doubt on the customer’s creditworthiness and causing payment of the open receivables of VUXXX GmbH by the customer from the respective contractual relationship to be endangered.

6. Retention of title
(1) We retain title to all goods delivered by us until payment in full has been effected. If you enter more than 10 days of arrears with the payment, we may withdraw from the contract and demand that the goods are returned.

(2) You are entitled to further divest of the goods under reservation of title as part of the usual course of business. In this case, however, you assign to us right at this time all receivables from such further divestiture to the level of the invoice amount of our receivable, irrespective of whether this further divestiture takes place before or after potential processing of the goods delivered under reservation of title. Notwithstanding our authorisation to collect the receivable ourselves, you remain entitled to collect the receivable yourself even following assignment. In this context, we undertake not to collect the receivable ourselves for as long as and to the extent that you fulfil your payment obligations, no application has been filed to open insolvency proceedings or similar, and payment has not been terminated. If the securities mentioned above exceed the receivables to be secured by more than 10%, we are duty-bound to release the securities at our choosing following your demand.

7. Terms of delivery
(1) We deliver the goods consistent with the agreements made with you. The information on delivery time results from the offer description. The shipping costs you incur are listed in the online shop and itemised separately in the invoice. Orders in the online shop are delivered no later than 10 working days following receipt of your payment. Delivery dates and delivery deadlines are otherwise binding only if they were confirmed in writing, and agreed delivery dates denote only the time that the physical objects are handed over to the transport company or the postal delivery service.

(2) If nothing else arises from the order confirmation, delivery and performance from Papenburg (Germany) are agreed. Transport and all other packaging are not taken back according to the Packaging Ordinance; this does not include pallets. The customer is duty-bound to ensure that packaging is disposed of at its own cost.

(3) Shipments are insured only upon express request of the customer and at its own cost against theft, breakage, transport, fire and water damage or other insurable risks. The shipping type and packaging are subject to our professional discretion.

(4) The risk is transferred to the customer no later than when the delivery object is handed over (whereat the start of the loading process is dispositive) to the haulier, freight company or other third party determined to execute the shipping. This applies even in cases in which partial deliveries are executed. If delivery or hand-over is delayed due to a circumstance for which the customer is responsible, the risk passes to the customer on the day when the goods are ready for shipment and we have notified the customer of this. The customer bears the storage costs following the transfer of risk. If we carry out storage, the storage costs are 0.25% of the invoice amount of the objects to be stored per elapsed week. We and you reserve the right to assert and prove further or lower storage costs.

(5) In the event of delivery delay, we are liable according to the statutory provisions if the underlying contract is a fixed transaction. We are also liable according to statutory provisions a) if as a consequence of delivery arrears for which we are culpable the customer is entitled to assert that its interest in further contractual fulfilment has ceased and b) if the delivery arrears are based on an intentional or grossly negligent contractual violation for which we are culpable; culpability by our representatives or vicarious agents is attributed to us. Apart from this, our compensation liability for delivery arrears is restricted to foreseeable, typically arising damage if the delivery arrears are not based on an intentional contractual violation for which we are culpable. This limitation applies even in cases where the delivery arrears are based on the culpable violation of a fundamental contractual duty.

(6) If we do not deliver the goods or do so in a manner that is not contractually compliant, you must set us a supplementary deadline to effect performance. Otherwise, you are not entitled to withdraw from the contract.

(7) VUXXX GmbH accepts no liability for failures to effect delivery or delayed deliveries as a result of force majeure or other events not foreseeable at the time of contract conclusion (e.g. any kind of operational disruption, material or energy procurement problems, transport delays, strikes, lawful lockouts, personnel, energy or raw material shortages, difficulties in procuring necessary official approvals, official decrees or non-delivery, incorrect delivery and late delivery by our suppliers) for which VUXXX GmbH is not culpable. If such events make it significantly more difficult or impossible to effect delivery or perform a service and the hindrance is not temporary in duration, we are entitled to withdrawal from the contract. In the event of temporary hindrances, the delivery or performance deadlines are extended, or the delivery or performance deadlines are delayed for the duration of the hindrance plus an appropriate start-up period. If it is unreasonable for the customer to accept the delivery or performance due to the delay, the customer may withdraw from the contract by way of immediate declaration.

8. Warranty
(1) Details of VUXXX GmbH on the object of the delivery or performance (e.g. weights, dimensions, consumption values, resilience, tolerances and technical data) as well as our portrayals of such (e.g. drawings and illustrations) are only approximate if the usability for the contractually intended purpose does not require exact conformity. They are not guaranteed properties, rather descriptions or labelling of the delivery or performance. Deviations usual for the trade and deviations based on legal regulations or technical improvements, as well as replacing components by equivalent parts, are permissible if they do not hinder the usability for the contractually intended purpose.

(2) If the delivered goods are faulty, you are entitled as part of statutory provisions to demand supplementary performance in the form of fault rectification or delivery of a fault-free item. We are entitled to choose the type of supplementary performance. If the supplementary performance fails, you are entitled to reduce the purchase price or withdraw from the contract.

(3) Fault complaints for evident performance faults (these are faults that can be recognised as part of an immediate, careful inspection) shall be rendered within seven working days of possible detection. With regard to other faults, our deliveries or performance are deemed as approved if the fault complaint is not served to us within seven working days according to the time at which the fault became visible; if the fault was evident as part of normal use right from an earlier time, this earlier time is however dispositive for the commencement of the complaint period. The condition for any warranty rights is that the customer has met its inspection and complaint obligations properly according to commercial law.

(4) The limitation period for warranty entitlements for the delivered goods is twelve months following receipt of the goods; this period does not apply to customer compensation entitlements from injury to life, body or health or from intentional or grossly negligent violations of duty by VUXXX GmbH or its vicarious agents, which in each case are limited by the statutory regulations.

9. Liability for compensation due to culpability
(1) Asserting compensation for damage or expenses requires a culpable violation of duty on our part, whereat we are generally liable only for grossly negligent and intentional acts by our statutory representatives, employees and vicarious agents. In the event of slight negligence, we are liable only upon violation of fundamental contractual duties. The following are fundamental to the contract: the obligation to deliver and install the delivery object on time and/or to render the performance on time; the absence of legal defects from the delivery or performance as well as material faults hindering functionality or suitability for use more than insignificantly, as well as consultation, protection and obligation duties intended to enable the customer to use the delivery or performance object in a contractually compliant manner or with the purpose of protecting life and limb of customer staff or protection of the customer’s property against significant damage. In this case, the liability for compensation is limited to the damage foreseeable at the time of contract conclusion as a typical consequence and that typically arises; the same limit also otherwise applies if we are not blamed as having intentionally violated the contract. In this case of liability for simple negligence, our compensation duty is also restricted for financial damage to a sum of €25,000.00 for each damage case, even if such is a violation of duties fundamental to the contract; if the coverage amount of our liability violation is greater than €25,000.00, the compensation duty is restricted to this level.

(2) Our liability for indirect damage and consequential damage, particularly for lost profit, resulting from faults to the delivery or performance object, is restricted to the level of our contractual fee if no greater damage was foreseeable at the time of contract conclusion for proper use and we cannot be blamed for intentional acts. If VUXXX GmbH provides technical information or acts as a consultant and this information or consultation is not part of the scope of performance it owes and contractually agreed, this is rendered free of charge and under exclusion of any liability.

(3) We are liable for customer data losses if we or our vicarious agents have caused these data losses by gross negligence or intentionally and the customer has ensured by data back-up at least once each working day that the data can be reconstructed with reasonable effort. The data communication via the internet cannot be guaranteed as being sound and/or continuously available according to the current state of technology. Therefore, we are liable neither for continuous and uninterrupted availability of our website, nor for technical and electronic faults during the order process which we cannot influence, particularly not for delayed processing or acceptance of offers. Even if SSL coding is used, there cannot be complete protection against third parties obtaining unauthorised knowledge of data being communicated.

(4) The above liability limits do not apply if assured characteristics or guaranteed performance were not rendered, there is compulsory liability according to statutory regulations for product liability, for liability due to intentional conduct, or if the acts by our statutory representatives, employees or vicarious agents have led to human damage (injury to life, body or health).

(5) Any right of the customer to withdraw from the contract due to a duty violation for which we are culpable and not based on a fault to the performance remains unaffected.

(6) If nothing else is regulated above, liability for compensation without regard to the legal nature of the asserted claim is excluded. This applies particularly to compensation claims from culpability at the time of contract conclusion, due to other duty violations or due to tortious claims for compensation from property damage. If our compensation liability is excluded or restricted, this applies also in terms of the personal compensation liability of our bodies, statutory representatives, employees and other vicarious agents of VUXXX GmbH.

(7) The data communication via the internet cannot be guaranteed as being sound and/or continuously available according to the current state of technology. Therefore, we are liable neither for continuous and uninterrupted availability of our online order system, nor for technical and electronic faults during the order process which we cannot influence, particularly not for delayed processing or acceptance of offers.

10. Choice of law and legal venue
The law of the Federal Republic of Germany applies under exclusion of the regulations of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). Compulsory provisions in the country in which you have your habitual residence remain unaffected. Place of performance and legal venue for all disputes from and in the context of this contract is, any exclusive statutory legal venue reserved, Papenburg, Germany. The parties remain authorised to file a lawsuit or commence other judicial proceedings at the general legal venue of the other party.

Information for contracts in electronic course of business
1. The language available for contract conclusion is the national language consistent with the national top-level domain of the website you used to order.

2. For the fundamental characteristics of the goods we offer, as well as the validity duration of time-limited offers, please refer to the individual product descriptions as part of our internet offering.

3. The presentation of our goods does not represent a binding offer. It does not become a binding offer until the goods are ordered. Once we receive your offer, we send an order confirmation by e-mail, containing the required order data to execute the contract. Above and beyond this, the contract text is saved in a manner that you cannot access via the internet. A contract arises between you and us as soon as we accept your order by way of an order confirmation expressly denoted as such or even earlier as soon as you receive our prompt to initiate the payment process.

4. You can recognise any entry errors when you reach the Confirmation screen before you submit your order; use the Back function to correct your order at any time before you submit the order.

5. Should the goods you have ordered not be available, we reserve the right to not render the performance. You are then informed that the goods are not available; a bank debit does not take place.

6. Statutory VAT is not included in our prices unless specifically stated.

7. If nothing else is contained in the order confirmation, invoices shall be paid without deduction immediately upon receipt. Goods are paid for on account, as well as by the payment types offered to you when you place orders in the online shop (advance payment, invoice, bank transfer, Amazon Pay, PayPal).

8. You do not have any distance selling right of revocation as it is not a consumer contract. Independent thereof, your warranty entitlements remain unaffected if the goods are faulty. If there is a fault covered by warranty, you are entitled according to the statutory provisions to demand supplementary performance, withdraw from the contract or reduce the purchase price.

9. We save and process the data required to process the contract between you and us. Please refer to our Privacy Policy.

10. Additionally, please refer to our General Terms and Conditions of Business and Terms of Use of this website.