- Scope
- Contractual partner
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Special conditions for repairs
- Warranty
- Retention of title
- Redemption of promotional vouchers
- Jurisdiction
- Applicable Law
- Dispute resolution
1. Scope
These ToS apply for all deliveries of Vikings GmbH (“seller”) to consumers and commercial clients. A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.1 A consumer within the meaning of these ToS is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these ToS is a natural or legal person or a partnership who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.2 The inclusion of the customer’s terms and conditions is objected to unless otherwise agreed.
2. Contractual partner
The purchase contract is concluded with Vikings GmbH, Wermutsbrunnstr. 38, 52076 Aachen, Germany. Register Court AG Aachen, HR B 23551.
3. Conclusion of contract
3.1 The presentation of the products in the online store does not constitute a legally binding offer but serves for the submission of a binding offer by the customer.
3.2 The customer may submit the offer via the online order form integrated into the seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer may also submit the offer to the seller by telephone or by e-mail.
3.3 The seller may accept the customer’s offer within five days, – by sending a written order confirmation by postal mail or e-mail, whereby the receipt of the order confirmation by the customer is decisive; – by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive; – by requesting payment from the customer. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by its declaration of intent.
3.4 Before bindingly placing the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
3.5 When submitting an offer via the seller’s online order form, the text of the contract shall be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail or letter) after the customer has sent his order. Beyond that, the seller does not make the text of the contract accessible. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.
3.6 Contract language is English.
3.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided is correct so that e-mails sent by the seller can be received at this address. In particular, when using email filters, the customer shall ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
4. Right of withdrawal
4.1 In general, end customers have a right of withdrawal.
4.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
4.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union (hereinafter “EU”), Iceland, Liechtenstein, or Norway and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the EU, Iceland, Liechtenstein or Norway.
5. Prices and terms of payment
5.1 Unless otherwise stated in the seller’s descriptions, the prices stated on the product pages include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
5.2 For deliveries to countries outside the EU, additional costs may be incurred for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred concerning the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3 Unless otherwise agreed, prepayment by bank transfer shall be deemed agreed and payment shall be due immediately after the conclusion of the contract unless the parties have agreed on a later due date in deviation from these ToS.
5.4 If a payment method offered via the payment service “mollie” (Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands) is selected, the payment shall be processed via this service. The individual payment methods offered via mollie will be communicated to the customer in the seller’s online store. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on mollie is available on the Internet at https://www.mollie.com/de/.
6. Delivery and shipping conditions
6.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing shall be decisive.
6.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply concerning the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in this respect in the seller’s revocation instructions shall apply to the return costs.
6.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the seller is not responsible for the non-delivery and the seller has, with due diligence, concluded a specific covering transaction with the supplier. The seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
6.4 In the event of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by the customer are ready for collection. After receipt of this e-mail, the customer may pick up the goods at the seller’s registered office after making an appointment with the seller. In this case, any shipping costs shall be waived.
7. Special conditions for repairs
If according to the content of the contract, the repair of an item of the Customer is agreed upon, the following shall apply:
7.1 The seller shall provide its services at the seller’s place of business through its employees or subcontractors acting on its behalf. Unless stated otherwise, the customer shall have no claim to the selection of a specific person to provide the desired service.
7.2 Unless otherwise agreed, the customer shall ship the item to be repaired to the seller’s place of business at its own expense and risk. For this purpose, the seller recommends that Customer a) to use suitable transport packaging, b) to take out transport insurance. The seller shall notify the Customer immediately of any obvious transport damage so that the Customer can assert its rights against the carrier.
7.3 The Customer shall provide the seller with all information necessary for the repair of the item unless the procurement of such information is part of the seller’s obligations under the content of the contract. The Customer undertakes to provide the seller with a comprehensive description of the defect and to inform the seller of all circumstances that may be the cause of the identified defect.
7.4 The return of the goods shall be at the Customer’s expense. The risk of accidental loss and accidental deterioration of the item shall pass to the Customer upon handover of the item to a suitable transport person at the seller’s place of business. Upon the customer’s request, the seller shall take out transport insurance for the item.
8. Warranty
8.1 If the purchased item is defective, the provisions of the statutory liability for defects of the Federal Republic of Germany shall apply (https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/faq/index_en.htm).
8.2 Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be claimed within the statutory period of limitation. However, the reduction of the liability period to one year shall not apply – insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item; – in the case of items which have been used per their customary use for a building and have caused its defectiveness; – in the case of statutory rights of recourse which you have against us in connection with rights based on defects.
8.3 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall not affect the customer’s statutory or contractual claims for defects.
9. Retention of title
The goods remain the property of the seller until full payment has been made.
10. Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the seller as part of promotions with a specific validity period and which cannot be purchased by the customer (hereinafter “Promotion Vouchers”) can only be redeemed in the seller’s online store and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
10.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective Voucher Holder.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. The remaining credit will not be refunded by the seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
10.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
11. Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. If the customer has its registered office outside the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, the seller shall nevertheless be entitled in any case to choose the court at the customer’s place of business as the place of jurisdiction.
12. Applicable Law
12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12.2 Furthermore, this choice of law concerning the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
13. Dispute resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board for the resolution of disputes with consumers, but we are willing to do so. The competent consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. To settle the aforementioned disputes, the seller participates in a dispute resolution procedure before this body.