TERMS AND CONDITIONS
STUDIOS TC
Vocus Studios Gbr
Narzissenstrasse 8
72108 Rottenburg
Phone: +49 1774140293
Email: [email protected]
Represented by: Christoph Hahn, Tobias Wiedmaier
VAT ID: DE815703507
hereinafter referred to as “vocusstudios”
Table of contents
1. Scope of general terms and conditions
2. Offer and conclusion of contract
3. Delivery and shipping conditions
4. Payment terms
5. Prices and shipping costs
6. Cost-bearing agreement when exercising the right of withdrawal
7. Cancellation policy for the consumer
8. Retention of title
9. Warranty
10. Transport damage
11. Liability
12. Privacy and Security
13. Final provisions
1. Scope of general terms and conditions
(1) These terms and conditions are based on all deliveries and services. The version valid at the time of the conclusion of the contract is decisive.
(2) Customers within the scope of these terms and conditions can be both consumers according to § 13 BGB and entrepreneurs according to § 14 BGB.
(3) A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
(4) An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. These terms and conditions also apply to legal entities under public law or special funds under public law within the meaning of Section 310 Paragraph 1 Clause 1 of the German Civil Code (BGB).
(5) Orders and deliveries are generally only possible within the European Union. If a delivery to another country is desired, vocusstudios will try to help you after an individual consultation.
2. Offer and conclusion of contract
(1) The presentations of goods on the Internet do not yet constitute a binding offer of contract by vocusstudios. The contract between the customer and vocusstudios is only concluded when the customer places an order and vocusstudios accepts it. A confirmation of the receipt of the order does not yet constitute an acceptance. In the case of acceptance, vocusstudios sends an order confirmation by email. Sending the ordered goods to the customer is equivalent to an express declaration of acceptance.
(2) The contract can currently only be concluded in German.
(3) The customer can order in the vocusstudios online shop by going through the following steps:
A. By clicking on the “add to cart” button, items are placed in the shopping cart without obligation. All items that have been placed in the shopping cart can be viewed by clicking on “cart”. Within this shopping card articles can be deleted as well as the quantity of the placed items can be changed and the shipping costs displayed.
B. Clicking on “Checkout” takes you to the order process when the items in the shopping cart are to be purchased.
C. During the ordering process, customers who are already registered with vocusstudios and have not yet logged in can use their access data to register with me. New customers are asked to enter their order details individually and to register.
D. With the button “continue” you get to the shipping information. The shipping address can be selected here. Then click on “next” to get to the payment information. Here you can choose from different payment methods.
E. Before the order is sent, the “next” button takes you to the order overview. All data (in particular billing and delivery address, product, price, quantity and payment method) of the planned order are given again in an overview. The data can also be corrected or changed there.
F. The order is sent via the “Complete order” button. The conclusion of a purchase contract is thus bindingly offered by the customer. The information about the time of the conclusion of the contract is clearly stated in the first paragraph of this point.
3. Delivery and shipping conditions
(1) If the customer is an entrepreneur, the risk of accidental disappearance and accidental deterioration of the goods is transferred to the customer upon delivery, in the case of sale by mail order, upon delivery of the goods to the freight forwarder or the person or institution appointed to carry out the shipment.
(2) If the customer is a consumer, the risk of the accidental disappearance or accidental deterioration of the goods sold does not pass to the customer until the goods are handed over, even if the goods are sold by mail. Vocusstudios bears the shipping risk for consumers.
(3) Vocusstudios sends the goods within 2-5 working days after receipt of the order confirmation. Any exceptions are indicated on the respective product page or result from individual payment methods (see point 4. Payment terms).
4. Payment terms
Payment for deliveries within Germany can be made in advance or by PayPal.
Payment in advance
When paying in advance, vocusstudios will dispatch the goods no later than 5 working days after the full payment has been credited to the vocusstudios account.
Payment by PayPal
When paying by PayPal, the ordered goods will be sent to the customer no later than 5 working days as soon as the payment has been credited to the PayPal account of vocusstudios.
5. Prices and shipping costs
(1) The prices at the time of the order apply. All prices are in euros and are without exception gross prices, i.e. they include the statutory VAT of 19% and other price components. Shipping costs can be added to every order. There is no minimum order value.
(2) The delivery and shipping costs, the amount of which depends on the quantity, presentation and type of goods, are incurred from the location of the vocusstudios branch. If the delivery is made to a customer outside the Federal Republic of Germany, the delivery and shipping costs increase depending on the weight or volume weight.
(3) For shipments outside the EU, especially Switzerland, the customer is responsible for proper import customs clearance at his own expense.
6. Cost bearing agreement when exercising the right of withdrawal
If you make use of your right of cancellation (see cancellation policy under point 7), you have to bear the full costs of the return, even if the total value of the goods returned is less than that of the goods ordered.
7. Cancellation policy for the consumer
Consumers have a two-week right of withdrawal.
Cancellation policy
Right of withdrawal:
You can revoke your contract declaration within 2 weeks without giving reasons in text form (e.g. letter, e-mail) or – if the item is given to you before the deadline expires – also by returning the item. The period begins after receipt of this instruction in writing, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. Timely dispatch of the goods is sufficient to meet the cancellation deadline.
The revocation must be sent to: Vocusstudios Gbr, Narzissenstraße 8, 72108 Rottenburg, email: [email protected]
Consequences of cancellation:
In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered. This excludes delivery and shipping costs. If you are unable or partially unable to return or surrender the received service and benefits (e.g. benefits of use) or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the cost of returning.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
*End of cancellation policy*
Exclusion of revocation:
The right of withdrawal does not apply to distance contracts
• for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs.
Please understand that there is no right of withdrawal for deliveries outside the European Union!
8. Retention of title
The goods remain the property of vocusstudios until they have been paid in full.
9. Warranty
(1) If the purchased item is defective, the warranty is based on the statutory provisions. The limitation period for statutory claims for defects is two years for consumers and begins on the date of delivery which means the receipt of the item by the customer.
(2) The warranty period for entrepreneurs is limited to one year.
(3) For consumers and entrepreneurs the above liability and limitation period limitations do not relate to claims for damages and reimbursement of expenses that the customer can assert in accordance with the statutory provisions due to defects in accordance with number 11.
10. Transport damage
(1) If goods are delivered with obvious damage to the packaging or the contents, you are asked to report this immediately to the forwarding agent / freight service and to contact vocusstudios by phone or in any other way (email / fax / post) so that vocusstudios can maintain any rights vis-à-vis the freight forwarder / freight service.
(2) Failure to make a complaint or contact us has no effect on the customer’s statutory warranty claims.
11. Liability
(1) vocusstudios is fully liable for any legal reason in the event of injury to life, limb or health, in the event of willful misconduct or gross negligence, in the event of fraudulent intent and guarantee promises and if the liability is based on mandatory statutory provisions such as the Product Liability Act.
(2) vocusstudios is also liable for damage caused by simple negligence, insofar as this negligence relates to the breach of contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). These are those contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can rely. In the case of simple negligent breaches of secondary obligations that are not essential to the contract, vocusstudios is liable to customers who are not entrepreneurs; In this case, vocusstudios is only liable to customers who are consumers for the foreseeable damage.
(3) The preceding paragraphs also apply insofar as the liability for the legal representatives, executives and other vicarious agents of vocusstudios is affected.
12. Privacy and Security
(1) vocusstudios stores the customer’s orders. If the customer loses his order documents, he can contact vocusstudios by post, email or phone. vocusstudios will be happy to send the customer a copy of the order data.
(2) The customer agrees that the personal data transmitted by him and required for business transactions will be stored electronically. In the context of the order processing, the data will only be passed on to the companies commissioned with the processing, delivery and / or billing. All personal information will be handled confidentially. Your personal data is transferred to us in the online shop via an SSL connection protected from unauthorized access.
(3) For further details on data protection, please refer to the note “Data protection”.
13. Final provisions
(1) The law of the Federal Republic of Germany applies. Mandatory regulations of the state in which customers who are consumers have their habitual residence remain unaffected. In dealings with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that it is mandatory consumer law provisions.
(2) The validity of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) is excluded, including in cross-border delivery traffic. (3) The place of jurisdiction for all legal disputes is Baden-Württemberg, provided the customer is an entrepreneur, legal entity under public law or special fund under public law. If the consumer does not have a place of residence in Germany or in another country of the European Union, Baden-Württemberg is also the place of jurisdiction. In all other cases, the statutory place of jurisdiction applies.