Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (VlaMiTex UG (haftungsbeschränkt)) via the www.5-56.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products.

(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Special agreements related to the offered payment methods

(1) Purchase on account via BillSAFE
In case of a purchase on account transaction that is carried out via BillSAFE, we irrevocably cede our entire payment claim against you to PayPal (Europe) S.à r.l. et Cie, S.C.A. ,22-24 Boulevard Royal, L-2449 Luxembourg. Before accepting the transfer, PayPal (Europe) S.à r.l. et Cie, S.C.A. shall undertake a credit check, using the data provided.
We reserve the right to refuse to allow you to use the payment method in question on the basis of the result of the credit assessment. You shall be informed about this before your order is dispatched.
In case of authorisation of the purchase on account transaction, PayPal (Europe) S.à r.l. et Cie, S.C.A. accepts the cession. In such a case, debt-discharging payments can only be made to PayPal (Europe) S.à r.l. et Cie, S.C.A.

(2) Purchase on account via Billpay
In case of a purchase on account transaction, the billing amount is payable to our external partner Billpay GmbH (www.billpay.de) on the calendar day specified in the invoice (20 or 30 calendar days after the billing date). The ‘purchase on account’ payment method is not available for all offers. It requires, among other things, that a successful credit assessment be carried out by Billpay GmbH.
If, after the credit rating has been checked, you are permitted to use the ‘purchase on account’ method for specific offers, the payment is executed in collaboration with Billpay GmbH, to whom we cede our payment claim. In such a case, you can only make debt-discharging payments to Billpay GmbH.Even in case of a purchase on account transaction that is carried out via Billpay, we remain responsible for general customer enquiries (e.g. enquiries regarding the product, delivery period and shipping), return shipments, complaints, declarations of revocation, revocation consignments and credit notes.
The standard business terms of Billpay GmbH (http://www.billpay.de/allgemein/datenschutz/) are applicable.

(3) Purchase via debit note using Billpay; SEPA direct debit mandate; processing fee for return debit notes
(a) If the purchase is being made via a debit note using Billpay, the payment amount immediately becomes payable via a collection operation that is carried out by our external partner (Billpay GmbH https://www.billpay.de/endkunden/) and which is directed towards the cheque account that was specified within the framework of the ordering process and which is associated with the specified credit institution (the cheque account). You hereby award Billpay GmbH an SEPA direct debit mandate for the collection of payments that are due and instruct your bank to honour the debit notes. The creditor identification number of Billpay is DE19ZZZ00000237180. The mandate reference number is imparted to you at a later stage via e-mail, along with a template for a written mandate. In addition, you shall sign this written mandate and send it to Billpay.

Please note: You are, within a period of eight weeks beginning from the debit date, entitled to demand that the debited amount be refunded. The conditions that have been agreed upon with your bank shall apply. Please note that the payable debt claim remains in force even if the situation in question involves a return debit note. Further information can be found at https://www.billpay.de/sepa/

The preliminary information regarding the collection of the SEPA debit note is given to you at least one day before the due date, and this is done via an e-mail that is sent to the e-mail address that you had specified during the ordering process.

If the cheque account does not possess the required covering funds, the credit institution maintaining the account is not subject to a payment obligation. Partial payments cannot be made within the framework of the direct debit scheme.

b) The ‘purchase via debit note’ payment method is not available for all offers. It requires, among other things, that a successful credit assessment be carried out by Billpay GmbH as well as a cheque account in Germany. If, after the credit rating has been checked, you are permitted to use the ‘purchase via debit note’ method for specific offers, the payment is executed in collaboration with Billpay GmbH, to whom we cede our payment claim. In such a case, you can only make debt-discharging payments to Billpay GmbH. Even in case of a purchase via debit note transaction that is carried out via Billpay, we remain responsible for general customer enquiries (e.g. enquiries regarding the product, delivery period and shipping), return shipments, complaints, declarations of revocation, revocation consignments and credit notes. The standard business terms of Billpay GmbH (http://www.billpay.de/allgemein/datenschutz/) are applicable.

(c) By specifying the cheque account, you confirm that you are entitled to carry out direct debit operations vis-à-vis the cheque account in question, and will take care of the necessary cover. Return debit notes are, from our point of view and Billpay GmbH, associated with significant amounts of efforts and high costs. In a situation involving a return debit note (in the absence of the required covering funds in the cheque account, on account of the expiry of the cheque account, or an unauthorised objection raised by the account-holder), you authorise Billpay to once again include the debit note for the respective use payment obligation. In such a case, you are under obligation to pay the costs arising through the return debit note. Further-reaching claims shall remain reserved. You have the option of producing evidence to show that the return debit note resulted in lower costs, or that it did not result in any costs at all. In view of the efforts and costs associated with return debit notes, and in order to avoid having to pay the processing fee, you are requested to not contradict the debit note in a situation involving a revocation, a withdrawal from the purchase contract, a return delivery or a reclamation. In such a situation, after an agreement has been reached with us, a reverse transaction takes place for the payment, and this occurs via a credit note or the refunding of the corresponding amount.

(4) Purchase by instalments ("PayLater")
 
Transactions involving payment by instalments shall be further subject to our Special Terms and Conditions of Contract for Purchases by Instalment (PayLater). You can view the Special Terms and Conditions of Contract for Purchases by Instalment here.

(5)

(6)

(7) Payment via Klarna Checkout
We offer the following payment options in cooperation with Klarna. Payment is always made to Klarna:

• Klarna invoice: Payable within 14 days of the invoice date. The invoice is issued upon dispatch of the goods and sent by email. Find the payment conditions here.                                                                                        
• Klarna credit sale agreement: With Klarna's finance service, you can flexibly pay for your purchase in monthly instalments of at least 1/24 of the total amount (however, at least EUR 6.95). Find more information on the Klarna credit sale agreement, including general terms and conditions and the European standard information for consumer credit here.
• instant transfer
• credit card (Visa/Mastercard)
• direct debit

Payment options are provided as part of Klarna Checkout. Find more information and terms of use for Klarna Checkout here. Get more information on Klarna here.
Your personal details will be handed by Klarna in accordance with the valid data protection provisions and the respective information in Klarna's data protection provisions.

(8) Purchase on account via paymorrow
In case of a situation involving a payment on invoice (purchase on account via paymorrow), the ordered product is sent or delivered to you along with the bill. The purchase price is payable within a period of 21 (twenty-one) calendar days after the billing date.

(9) Payment by “secupay credit card”, “secupay direct debit” or “secupay purchase on account”
For payment methods like “secupay credit card”, “secupay direct debit” or “secupay purchase on account”, we irrevocably and fully cede our payment claim against you to secupay AG Goethestr. 6, 01896 Pulsnitz. Before accepting the transfer, secupay AG shall undertake a credit check, using the data provided during the order.
We reserve the right to refuse your selected form of payment as a result of the credit check. You will be informed about this prior to the dispatch of your order.
If the “secupay credit card” or “secupay direct debit” form of payment is permitted, secupay AG accepts the cession and subsequently collects the payment via your credit card or a direct debit operation associated with your account. The debiting of your bank account or credit card account takes place upon completion of the order.
With the approval of the “secupay purchase on account” form of payment, secupay AG accepts the cession, and the ordered product is delivered or dispatched to you along with the bill. The purchase price is payable to secupay AG, Goethestraße 6, 01896 Pulsnitz within 10 (ten) calendar days after the products are delivered.

(10) Ratepay invoice, Ratepay direct debit, Ratepay payment by instalments
To be able to offer you attractive payment options, we are working together with RatePAY GmbH, Schlüterstraße 39, 10629 Berlin (hereinafter "RatePAY"). If when using a RatePAY payment method, an effective purchase agreement comes into effect between you and us, we will assign your payment claim to RatePAY. If using the RatePAY payment method of payment by instalments, we will assign our payment claim to the partner bank of RatePAY GmbH. If you choose one of the RatePAY payment methods offered here, you agree by placing your order that your personal data and the order details may be passed to RatePAY GmbH for the purposes of identity and credit checks, as well as processing the contract. All details can be found in the supplementary General Terms and Conditions of Business and the data protection notice for RatePAY payment methods, which form an integral part of the General Terms and Conditions of Business and shall apply in all cases if you choose a RatePAY payment method.

(11) Purchase via debit note using Novalnet
If the purchase is being made via Novalnet AG (with regard to services offered in Germany and Austria), the payment amount immediately becomes payable via collection from the cheque account that was specified during the ordering process and which is associated with the specified credit institution (the cheque account). You hereby revocably authorise Novalnet AG to use a debit note to collect, at the expense of the cheque account in question, the payments that are to be made by you vis-à-vis the purchase process associated with a debit note. If the cheque account does not possess the required covering funds, the credit institution maintaining the account is not subject to a payment obligation. Partial payments cannot be made within the framework of the direct debit scheme.
By specifying the cheque account, you confirm that you are entitled to carry out direct debit operations vis-à-vis the cheque account in question. Return debit notes are, from our point of view and the point of view of Novalnet AG, associated with significant amounts of efforts and high costs. In a situation involving a return debit note (in the absence of the required covering funds in the cheque account, on account of the expiry of the cheque account, or an objection raised by the account-holder or improperly-transferred account data), you are obligated to pay a processing fee amounting to the sum of 7.50 euros for each return debit note. You have the option of producing evidence to show that the return debit note resulted in lower costs, or that it did not result in any costs at all. Further-reaching claims shall remain reserved. In view of the efforts and costs associated with return debit notes, and in order to avoid having to pay the processing fee, you are requested to not contradict the debit note in a situation involving a revocation, a withdrawal from the purchase contract, a return delivery or a reclamation. In such a situation, after an agreement has been reached with us, a reverse transaction takes place for the payment, and this occurs via a credit note or the refunding of the corresponding amount.

(12) Purchase on account via Novalnet
In case of a purchase on account transaction, the billing amount is to be paid to our external partner, Novalnet AG, and this must happen no later than the calendar day specified in the bill.
In such a case, you can only make debt-discharging payments to Novalnet AG.
Even in case of a purchase on account transaction that is carried out via Novalnet AG, we remain responsible for general customer enquiries, e.g. enquiries regarding the product, delivery period, shipping, return shipments, complaints, declarations of revocation and credit notes. This payment method can only be used by customers from Germany. Novalnet AG checks and evaluates your data. It also exchanges data with other companies and credit reporting agencies (credit assessment), if there is a justifiable reason for such a course of action. If the credit-worthiness is not guaranteed, Novalnet AG can refuse to allow you to undertake a purchase on account transaction. In such a case, Novalnet AG will point out alternative payment options.

(13) Payment via payolution through “Buy on account” (purchase on account) and/or “Payment by instalment”
With the payment modes “Buy on account” (purchase on account) and/or “Payment by instalment”, we transfer our payment claims against you to the full extent to net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich (hereinafter referred to as Bank). All payments, to have a discharging effect, must be exclusively made to the bank to the account notified to you for this purpose. Click here to find payolution's General Terms and Conditions.

(14) SEPA debit note (base and/or corporate debit note)
If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate.
The debit note is collected within a period of 0-15 days after the conclusion of the contract.

The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.

§ 4 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.

c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty

(1) The statutory warranty rights are applicable.

(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The reduction in time-limit does not apply:

• to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
• insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.

(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(4) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:

a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.

b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.

c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:

• to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
• insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
• to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
• for statutory recourse claims, which you have against us in connection with warranty rights.

§ 6 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

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II. Customer information

1. Identity of the seller

VlaMiTex UG (haftungsbeschränkt)
Riehlstr. 5b
14057 Berlin
Germany
Telephone: +49 179 960 1873
E-Mail: ebay (at) vlamitex . de
Company’s complaints office:
Schrieftlich per Mail
ebay (at) vlamitex . de

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

4. Codes of conduct

4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and, in connection with that, the Ecommerce Europe Trustmark Code of Conduct https://www.ecommercetrustmark.eu/the-code-of-conduct/.

5. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6. Prices and payment arrangements

6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

6.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

6.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

7. Delivery conditions

7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

If you are a businessman, the delivery and shipping operations take place at your own risk.

8. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I). 

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.

last update: 07.12.2017