General terms and conditions of business

General terms and conditions of business

1. Scope
The following terms and conditions apply to all orders placed through our online shop by consumers and businesses. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. A business owner is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to businesses: If the business owner uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Velamed GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery conditions
delivery options
We ship the products to the delivery address specified during the ordering process.
You generally have the option of picking up your order from Velamed GmbH, Helmholtzstr. 50, 50825 Cologne, Germany during the following business hours: Mon. - Fri. between 10:00 a.m. - 4:00 p.m.
We do not deliver to packing stations.

5. Payment
5.1 Due date and default in payment
The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms. The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You are entitled to provide evidence that the damage was less. Other claims remain unaffected. The following applies to businesses: In the event of late payment, we reserve the right to charge you statutory default interest of nine percentage points above the base interest rate and a flat rate of EUR 40. Other claims remain unaffected.

5.2 Payment methods
The following payment methods are generally available in our shop.
Cash payment upon collection You pay the invoice amount in cash upon collection.
Credit card During the ordering process you enter your credit card details.
Your card will be charged immediately after you place your order.
Apple Pay In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further information during the ordering process.
Google Pay In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further information during the ordering process.
Klarna In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information in the respective payment option and in the ordering process.
Purchase on account via Klarna The invoice amount is due 14 days after the goods have been dispatched and the invoice has been received. Klarna can offer registered Klarna customers selected according to its own criteria additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with Klarna. You can find further information on this in your Klarna account.
PayPal, PayPal Express In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order.
The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
PayPal In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.
PayPal, PayPal Express In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment order.
The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Sofort by Klarna In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order is placed. You will receive further information during the ordering process.

6. Right of withdrawal
You have the statutory right to cancel as described in the cancellation policy.

7. Retention of title
The product remains our property until full payment has been made. The following also applies to entrepreneurs: We retain ownership of the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and guarantees

9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health in the event of intentional or grossly negligent breach of duty and fraud in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is open. Restrictions for entrepreneurs In the case of entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness.
The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code remain unaffected. Note for merchants The obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies to merchants. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

10. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is open. In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.


Terms and Conditions created with the Trusted Shops Legal Text Generator

Terms and Conditions created with the Trusted Shops legal text generator.