General Terms and Conditions
General Terms and Conditions
General terms and conditions of vermicon AG, Munich, Germany
1.1 The following conditions be applicable to all orders placed with vermicon AG as well as all services and performances provided by vermicon AG when received by non-consumers according to § 310 BGB (German Civil Code). Deviant agreements such as the buyer’s general terms and conditions become effective upon explicit and written confirmation exclusively.
1.2 Conclusion of the Contract
Orders by private customers represent a purchase offer to vermicon AG. After ordering from vermicon AG we will send you a confirmation email containing all details of your order (confirmation of order). The sole purpose of this email is to confirm your order. It does not constitute our acceptance of your offer. A contract between you and vermicon AG is concluded as soon as we dispatch the ordered item and you receive an email confirming the shipment (shipping confirmation).
Product pricing is set in Euro ex-warehouse, value added tax not included. Domestic (German) shipping and packing are set at fixed charges. Reshipped packages are not refundable.
3. Payment Options and Due Date
Payment be made according to the individually chosen method of payment, i.e. on account, by bank transfer in advance, by credit card charge or by direct debit. The Contract Partner may not exercise any right of retention unless its counterclaims have been expressly declared to be undisputed or recognised by declaratory judgement. Misspelling and obvious miscalculation are subject to correction.
3.2 Due Date
Where payment on account was agreed upon payment is due within 14 days after delivery / bill receipt without deduction. Where consumers have agreed upon bank transfer in advance, credit card charge or direct debit payment of the quoted price is due immediately upon confirmation of the order and without deduction.
4. Deliveries, delivery terms
4.1 Delivery dates are only binding when agreed upon or confirmed in writing. Delivery deadlines agreed in writing apply as adhered to when the consignment is handed over within this period to the shipper or shipping agent, or leaves our warehouse, respectively is ready for collection by the customer.
4.2 Upon hand-over of the merchandise to the shipper or shipping agent, at the latest, however, upon its leaving our warehouse, the risk of accidental loss and deterioration is transferred to the customer.
4.3 Delay in deliveryfor which we are not responsible, strikes or lockouts and incidents of force majeure entitle us to withdraw fully or partially from the contract, or to prolong the delivery time correspondingly. The purchaser may demand from us a written declaration on whether we wish to withdraw from the contract or deliver within an appropriate period. Should our immediate declaration not be forthcoming, the customer may withdraw from the contract.
4.4 Delivery to our private customers who agreed upon the payment method of bank transfer in advance is expected to be made within one working day after the complete payment has been transferred to our account; where direct debit has been agreed upon delivery is expected to be made within one working day after the debit transfer request; where credit card charge has been agreed upon delivery is expected to be made within one working day after the credit card data transfer.
5. Reservation of ownership
Delivered merchandise remains our property until all claims arising from the business transaction are settled. The purchaser is entitled to sell the delivered merchandise to third parties under the scope of conventional and correct business operations. Any titles constituted by resale be assigned to vermicon AG as a precaution.
6. Performance and defects liability
6.1 The buyer must examine the goods, or cause them to be examined, for obvious inconformity within as short a period as is practicable in the circumstances. The buyer must give notice of the inconformity to vermicon AG in writing within two weeks after receipt of the merchandise.
6.2 In case of inconformity vermicon AG will provide replacement delivery. The buyer may reduce item pricing or withdraw from the contract - except where the breach of duty is trivial - in case replacement delivery fails.
6.3 The buyer’s claims become statute-barred within one year upon delivery. Damages are subject to section 7.
7. Limitation of liability
7.1 Damages and reimbursement of expenses of the buyer (hereinafter referred to as “damages”) on any legal grounds such as breach of contractual obligations or tortious acts are excluded. This does not apply for warranties or where the seller underwrites procurement risk. The seller may be held liable for gross negligence and intention (hereinafter referred to as “gross fault”), according to the provisions of the Product Liability Act (Produkthaftungsgesetz), for damage from injury to life, body or health, and for serious breach of contractual obligations. Damages due to serious breach of contractual obligations are limited to typical contractual, foreseeable damages except for gross fault or injury to life, body or health.
7.2 Damage claims against the seller are subject to a one-year limitation period. Gross fault liability and damages due to injury to life, body or health become statue-barred according to German statutory provisions.
8. Recourse of the Purchaser Following Resale to a Consumer
Where a consumer is the ultimate buyer of our merchandise and he or the distributor, to whom the merchandise had been sold intermittently, demand retraction of defective goods, the buyer must give notice of the imminent claim to vermicon AG immediately. The buyer is obliged to mitigate any costs arising from supplementary performance by ensuring that the recourse claim directed at him can also be fulfilled by vermicon AG upon request.
9.1 The buyer is obliged to abide all item-specific disposal instructions in order to decontaminate the goods properly and according to statutory provisions.
9.2 Non-consumers are obliged to dispose goods at their own expense. In case of resale of the goods or product components the obligation is passed on to the ultimate buyer. Consumers are obliged to abide the statutory disposal provisions.
10. Applicable law / place of performance / jurisdiction
10.1 This contract is governed by German law to the exclusion of the German provisions of International Private Law and the provisions of the Convention on Contracts for the International Sale of Goods (CISG).
10.2 The place of performance and the place of jurisdiction for all disputes arising out of or in connection with this contract is Munich, Germany. Notwithstanding, vermicon AG may file an action against the buyer at his domicile.
11.1 Private customers’ right to revoke As private customer you may revoke your contract with vermicon AG within 2 weeks in writing (e.g. by letter, fax, email) without giving any reasons. You may also revoke your contract by returning the merchandise within 2 weeks. The 2 week period commences upon your receipt of this revocation instruction in writing, provided you have already received the ordered item (in case of recurring delivery of identical merchandise it commences upon receipt of the first partial delivery) and provided we have already fulfilled our duty of informing you according to § 312 c para. 2 BGB in connection with § 1 para. 1, 2 and 4 BGB-InfoVO as well as our duties according to § 312 e para. 1 sentence 1 BGB in connection with § 3 BGB-InfoVO. The 2 week period is observed by dispatching the written revocation statement or the return shipment on time.
The revocation be sent to:
Phone: +49 89 158 82-0
Fax: +49 89 158 82-100
11.2 Consequences of revocation
In case of a valid revocation, all performances received (e.g. interest) and emoluments taken are to be returned. In case the item received has deteriorated or has been destroyed you must provide compensation for value in lieu of restitution or return. This does not apply if deterioration of the item occurred solely due to its examination – as possibly conducted by you for instance in a retail store – or due to the item being used in accordance with its intended use. You may prevent deterioration by not using the item in the same way you would if it were your own property and by omitting any actions possibly having negative influence on its value. You are obliged to make a return shipment of the item if it can be sent by parcel at our risk. You are to bear the costs of the return shipment in case the ordered item is identical to the delivered and the returned item’s price does not exceed 40 € or in case the item price is higher and at the time of your revocation you have not made a partial or complete payment yet. In all other cases we bear the costs of the return shipment. Payments are to be returned within 30 days. This 30 day period for you commences upon dispatch of your written revocation statement or of the item and for us upon their receipt. Partial payment agreements become void upon you exercising your right to revoke. In case you ordered a service from us your right to revoke expires upon us starting to provide the service to you if you have consented to us providing the service before the end of the 2 week period.
vermicon AG, May 2012