General Terms and Conditions
General Terms and Conditions
Allgemeine Geschäftsbedingungen
1. Area of Validity and Suppliers
2. Offer and Conclustion of Contracts
3. Price and Shipping Costs
4. Delivery
5. Payment
6. Right of Revocation
7. Warranty
8. Guarantee
9. Customer Information
1. Area of Validity and Suppliers
These General Terms and Conditions apply to all orders placed by private individuals, commercial individuals or companies via the online shops of VE Valley Electronics GmbH, Breite 2, D - 82418 Murnau, Germany.
Managing Director: Dr. Hubertus Rechberg, Trade Register: Munich District Court HRB 75869 (hereafter referred to as VE). VE is a certified online shop and is obliged to adhere to the Trusted Shops Requirements (accessible under www.trustedshops.de).
You can contact VE's customer service for inquiries, complaints and objections on working days from 8:00 AM until 5:00 PM under the telephone number +49 (0)8841 48928 0 as well as via e-mail under info@lady-comp.de.
2. Offer and Conclusion of Contracts
2.1 The presentation of the products in the online shop does not represent any legally binding offer, but an invitation to place orders and is subject to errors.
2.2 By clicking the button "Complete Order", you send a binding order for the products listed
on the ordering page. The confirmation of the entry of your order takes place together with the acceptance of the order immediately after sending via automatic e-mail. The purchase contract goes into force with this e-mail confirmation.
2.3 The contract languages are German and/or English.
2.4 VE stores the contract text and then sends you the ordering data and the GTC via e-mail. You can also see the GTC here at any time. Your ordering data is no longer accessible over the internet for security reasons.
3. Prices and Shipping Costs
3.1 The prices named on the product pages contain the legal VAT and postage for deliveries within the EU plus shipping costs for deliveries in non-EU countries: Lady-Comp/Baby-Comp: EUR 31.50, pearly: EUR 14.50.
3.2 With deliveries outside the EU, additional customs and fees are accrued. You can find more information, for example, under http://ec.europa.eu/taxation_customs/dds/cgibin/tarchap?Lang=DE and on import turnover tax under http://auskunft.eztonline.de/ezto/Welcome.do as well as special information for Switzerland under http://xtares.admin.ch/tares/login/loginFormFiller.do.
4. Delivery
4.1 VE shall hand over your order to UPS within Germany in neutral packaging.
4.2 The delivery time in Germany is 1-3 days. You will be immediately informed of delivery delays via e-mail.
4.3 VE delivers via DHL abroad. The delivery time is about 3 - 8 days.
4.4 With deliveries outside the EU, additional customs, taxes and fees are accrued. You can find more information on customs, for example, under http://ec.europa.eu/taxation_customs/dds/cgibin/tarchap?Lang=DE and on import turnover tax under http://auskunft.eztonline.de/ezto/Welcome.do as well as special information for Switzerland under http://xtares.admin.ch/tares/login/loginFormFiller.do.
5. Payment
5.1 You may pay by advance payment, invoice, cash on delivery, credit card or PayPal..
5.2 Credit card charges will be incurred upon conclusion of the order. When advanced payment is selected, VE informs you of the bank connection in the order confirmation email and delivers the products when payment has been received. Cash on delivery and invoices are due upon receipt of the products.
6. Right of Revocation
6.1 YOU MAY REVOKE YOUR CONTRACT DECLARATION WITHIN 14 DAYS WITHOUT STATING
REASONS IN TEXT FORM (E.G. LETTER, FAX, E-MAIL) OR - IF YOU RECEIVE THE PRODUCT BEFORE THE DEADLINE EXPIRES - BY RETURNING THE PRODUCT. THE DEADLINE BEGINS AFTER RECEIVING THIS INSTRUCTION IN TEXT FORM, NOT, HOWEVER, BEFORE THE RECIPIENT HAS RECEIVED THE PRODUCTS NOR BEFORE FULFILLMENT OF VE'S INFORMATION OBLIGATIONS IN ACCORDANCE WITH ARTICLE 246 § 2 IN CONNECTION WITH § 1 SEC. 1 AND 2 EG GERMAN LAW BOOK AS WELL AS VE'S OBLIGATIONS ACCORDING TO § 312E SEC. 1 CLAUSE 1 GERMAN LAW BOOK IN CONNECTION WITH ARTICLE 246 § 3 EG GERMAN LAW BOOK. FOR THE SAFEGUARDING OF THE REVOCATION DEADLINE, THE SENDING OF THE REVOCATION OR PRODUCT IN GOOD
TIME SHALL SUFFICE. THE REVOCATION IS TO BE SENT TO:
VE VALLEY ELECTRONICS GMBH
BREITE 2
D-82418 MURNAU
FAX: + +49 8841 48928 24
Consequences of Revocation
IN CASE OF AN EFFECTIVE REVOCATION, THE SERVICES RECEIVED ON BOTH SIDES ARE TO BE RESTORED AND ANY POSSIBLY DERIVED PROFITS (E.G. INTEREST) GIVEN BACK. IF YOU CANNOT RESTORE THE RECEIVED SERVICE TO VE, EITHER IN WHOLE OR IN PART, OR ONLY IN WORSENED CONDITION, YOU MAY HAVE TO PAY COMPENSATION TO VE. WHEN PRODUCTS ARE DELIVERED AND UPON INSPECTION ARE FOUND TO BE DAMAGED DURING DELIVERY, YOU ARE NOT RESPONSIBLE FOR THE ABOVE COMPENSATION. IN ADDITION, YOU CAN AVOID THE OBLIGATION FOR COMPENSATION FOR A WORSENED CONDITION DUE TO NORMAL OR INTENDED USE OF THE PRODUCT BY NOT USING THE PRODUCT AS IF IT WERE YOUR PROPERTY AND NOT DOING ANYTHING THAT WOULD REDUCE ITS VALUE. PRODUCTS WHICH CAN BE SENT IN PACKAGES ARE TO BE RETURNED AT VE's RISK. YOU MUST BEAR THE COSTS OF THE RETURN IF THE DELIVERED PRODUCT CORRESPONDS TO THE ORDERED ONE AND IF THE PRICE OF THE PRODUCT TO BE RETURNED DOES NOT EXCEED 40 EUROS OR IF YOU HAVE NOT YET MADE A PAYMENT OR A CONTRACTUALLY AGREED-UPON INSTALMENT AT A HIGHER PRICE OF THE PRODUCT AT THE TIME OF REVOCATION. OTHERWISE THE RETURN IS FREE OF CHARGE FOR YOU. PRODUCTS WHICH CANNOT BE SENT IN PACKAGES WILL BE COLLECTED FROM YOU. OBLIGATIONS FOR THE REFUNDING OF PAYMENTS MUST BE FULFILLED WITHIN 30 DAYS. THE TIME PERIOD BEGINS WITH THE SENDING OF YOUR REVOCATION DECLARATION OR THE PRODUCT, FOR VE UPON RECEIPT.
6.2 Please avoid damages and dirtiness. Please return products to VE in the original packaging if possible, with all accessories and packaging components. If possible, use packaging which is protective of the environment. If you no longer own the original packaging, please ensure sufficient protection from damages during transport with suitable packaging, so as to avoid damage compensation claims as a result of defective packaging.
6.3. Please return products to VE as postage-paid packages, and save the certificate of delivery. Upon your request, VE shall also be glad to refund your postage costs if these are not to be borne by you.
6.4 VE should be contacted under the telephone number +49 (0) 8841 48928 0 before returning your product, so as to inform VE of the return. In this way, you will enable VE to process your return as quickly as possible.
6.5 Please note that the modalities named in paragraphs 6.2 to 6.4 are not a prerequisite for the effective realization of the right of revocation.
6 a: Return costs when exercising the right of revocation
If you make use of your legal right of revocation (see revocation instructions), you will have to bear the regular return costs if the delivered product corresponds to the ordered one and if the price of the product being returned does not exceed 40 Euros or if you have not yet performed the counter-service or made a contractually arranged installment at a higher price at the time of the revocation. Otherwise, the return shipment is free of charge for you.
7. Warranty
7.1 Warrant of the Manufacturer
The Baby-Comp, Lady-Comp and pearly devices were manufactured with great care by using the most modern, high-grade materials. Each device has undergone numerous inspections and tests prior to its delivery. VE therefore guarantees to the end user that the devices Lady-Comp, Baby-Comp and pearly remain free of manufacturing defects resulting in reduced use during the guarantee period.
7.2 The warranty period begins on the day on which the Lady-Comp, Baby-Comp or pearly device is sold to the end user or commercial partner. The warranty period for the Lady-Comp and the pearly is two years, for the Baby-Comp three years.
7.3 VE is obliged to repair defective devices free of charge, replace them with new devices or refund the purchase price based on discretion of VE. Further claims, especially for losses and damages including damages resulting from defects are not covered under warranty. Consequential and indirect damages and consumables (e.g. the thermal sensor, unwanted pregnancy) are not included in the warranty.
7.4 Warranty claims are only valid when the end user immediately reports the defect to VE in writing with the completely filled-in original warranty card and the purchase invoice, at the latest within two weeks after establishment of the defect, sending VE the Lady-Comp, Baby-Comp or pearly device and stating that the device was no longer used but sent to VE, transport insured and freight collect.
7.5 Not included in the warranty are all damages that have arisen through improper handling, especially opening the device or damaging the test badge as well as exterior effects. The prices and shipping costs in Euros at the time of the order shall be considered valid.
8. Guarantee
8.1. The guarantee follows in accordance with the legal stipulations. Guarantee of the manufacturer extending beyond this are not affected by this.
8.2. VE excludes its liability for slightly negligent breaches of duty, as long as these are not obligations essential to the contract, damages from injury to life, body or health, or affect guarantees or claims in accordance with the product liability law. The same applies for breaches of duty of VE's vicarious agents.
9. Customer Information
9.1 Liability
VE excludes its liability for slightly negligent breaches of duty, as long as these are not obligations essential to the contract, damages from injury to life, body or health, or affect guarantees or claims in accordance with the product liability law. The same applies for breaches of duty of VE's vicarious agents.
9.2 Until paid in full , the product remains the property of VE Valley Electronics GmbH.
9.3 Jurisdiction
German law is in force. The legal domicile is the headquarters of the company with all disputes resulting directly or indirectly from the contract relationship. Any dispute will be handled by the courts of Munich.
VE Valley Electronics GmbH
Breite 2
82418 Murnau
Managing Director: Dr. Hubertus Rechberg
Munich District Court
HRB 75869
Eschenlohe, 2010
