Terms of service
General terms and conditions of business
§ 1 General, scope
1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter “GTC”) in the version valid at the time of the order.
1.2 The contractual partner is VONDIEM GmbH, Springeltwiete 1, 20095 Hamburg. The named contractual partner is hereinafter referred to as “Seller”.
1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter “customer”). Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for a purpose that cannot predominantly be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the seller, act in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
2.1 Our offer is binding. By placing your order, you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You will receive an order confirmation by email.
2.2 Once you have found the product you want, you can take a closer look at it without obligation by clicking on the product name, the product image or the “Order” button. By clicking the “Add to cart” button you can add the item to your shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart graphic in the shopping cart window that opens. You can change the products or remove them from the shopping cart by adjusting the number or the “X” button. If you want to purchase the products in the shopping cart, click on the “Checkout” button on the “Shopping Cart” page.
During the further ordering process, you can log in via your customer account or enter further contact details for shipping. After clicking the “Continue to shipping” button, you can select the shipping options. After clicking on the “Continue to payment” button, you will reach the next step in the ordering process and can select the desired payment method. In the last step, you will receive an overview of your order data again under “Check order” and can check your details again and correct them under “Change”. You can also correct input errors by returning to previous ordering steps using the buttons provided, navigating backwards in the browser or canceling the ordering process and starting from the beginning. On the “Review” subpage you will be informed of our general terms and conditions and the declaration of revocation. To complete the purchase, you must click the “Buy” button. This will send you the order to us.
§ 3 Storage
We save your order, the order data you entered and the entire contract text. We will send you an order receipt and order confirmation with all order details and the entire contract text by email. You also have the option of printing out both the order and the general terms and conditions before sending the order to us.
§ 4 Prices, shipping costs
All prices include VAT plus shipping costs. We deliver with DHL or another provider of our choice.
§ 5 Delivery conditions
5.1 We only deliver to the following countries: Germany, Austria, Luxembourg, Italy, Spain, France, Poland, Czech Republic, Netherlands, Sweden, Norway, Monaco, Finland, Belgium, Hungary, Slovenia, Slovakia, Bulgaria, Romania, Denmark, Portugal and Greece.
5.2 Shipping
Unless a different deadline is specified in the respective offer, the goods will be delivered domestically (Germany) within 3 - 5 days, and for deliveries abroad within 5 - 7 days after conclusion of the contract.
If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made different agreements with you. In this case, the delivery time is determined by the item with the longest delivery time that you ordered.
§ 6 Payment conditions
6.1 Payment can be made either by:
Apple Pay, Google Pay
Credit card (VISA, Mastercard, Maestro, Amex)
Instant transfer (Klarna Sofort),
Klarna Immediately, Pay Later and Pay Now
PayPal
Amazon Payments
We reserve the right to exclude individual payment methods.
a) If you pay by credit card (VISA, Mastercard, Maestro, Amex), you send us your credit card details when you place your order. The credit card or the specified account will be debited immediately after the order has been placed and your identification as the legitimate credit card holder.
b) When paying with Klarna Sofort/Pay Now wYou will be redirected to Sofort GmbH's payment form. Here you have to select your bank, log in with your online banking details and approve the process with a TAN. The debit will take place immediately after you submit your order.
We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a payment with a debt-discharging effect is only possible towards Klarna.
Please note that even if you pay by instant bank transfer via Klarna, we are still responsible for general customer inquiries (e.g. about goods, delivery times, shipping), returns, complaints, cancellation declarations and returns or credit notes.
c) For payment on account via Klarna “Pay later”, Klarna will check your creditworthiness to determine whether you can be offered payment on account. If payment by invoice is possible, you will receive an invoice with payment instructions from Klarna no later than 5 days after the order was shipped or if more than 21 days have passed, regardless of whether you have already received the goods. If the order has not been shipped within 21 days, please contact us first and then Klarna to pause the payment deadline.
We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a payment with a debt-discharging effect is only possible towards Klarna.
Please note that even if you pay by invoice via Klarna, we are still responsible for general customer inquiries (e.g. about goods, delivery times, shipping), returns, complaints, cancellation declarations and shipments or credit notes.
d) When paying by EPS transfer, after selecting the payment method, a central list of participating Austrian banks opens where you can select your bank. You then enter your login details in the login window of your online banking and carry out the transfer immediately using a TAN. No registration is required to pay with EPS transfer.
e) To pay with Amazon Pay, you will be redirected to the Amazon website after selecting the payment method. In order to use the payment method you must be registered or register with Amazon. After entering your Amazon account login details on the Amazon website, select the delivery address and payment method and confirm the payment instruction to us. Finally, you will be redirected back to our shop where you can complete the ordering process. After placing the order, Amazon will ask us to initiate payment.
f) If you pay via PayPal, you will be redirected directly from the ordering process to the PayPal website. A payment via PayPal can only be made if you are registered with PayPal or register. You will then be redirected directly to the payment page and confirm the payment instruction to us. After placing the order, we will ask PayPal to initiate the payment transaction and will do this automatically.
g) When paying via Google or Apple Pay, you can initiate the payment transaction via your smartphone or wearable.
To pay with Google Pay, you must be registered with Google Pay. After selecting the Google Pay payment method, please enter your access data and confirm the payment with a payment method you have stored (credit card or debit card). The transaction is carried out immediately after the order is placed. The payment details you provide to Google Pay will not be transferred to us.
To pay with Apple Pay, you must be registered with Apple and have Apple Pay enabled. After selecting the payment method, please enter your access data for your Apple account to authenticate yourself. Please then confirm the payment instructions for payment to us using a payment method you have provided (credit card or debit card). Payment will be made immediately after placing the order.
6.2 For consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
6.3 If you are a consumer, interest will be charged on the purchase price at a rate of 5 percentage points above the base interest rate when late payment occurs. If you are not a consumer, the interest rate during the payment isdefault is 9% points above the base interest rate. In addition, we are entitled to claim a flat rate damages amount of €40 from entrepreneurs in the event of late payment. We reserve the right to prove and claim higher damages caused by the delay.
§ 7 Warranty
7.1 If you are a consumer, the warranty is in accordance with the statutory provisions.
7.2 If you place your order with us as an entrepreneur, the following applies:
a) Delivered goods must be inspected by the customer immediately after delivery, as long as this is possible in the normal course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect becomes apparent later, the report must be made immediately after discovery; otherwise the goods are deemed to have been approved even in view of this defect. § 377 HGB remains unaffected. The customer is not released from his obligation to inspect even in the event of recourse by the entrepreneur in accordance with Section 478 of the German Civil Code (BGB). If in such cases he does not immediately report the defect claimed by his customer, the goods are deemed to have been approved even in view of this defect.
b) If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the type of defect and the legitimate interests of the customer. For these contracts, supplementary performance is deemed to have failed after the third unsuccessful attempt. This section does not apply in the case of recourse according to § 478 BGB.
c) In the event of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, to the extent that these do not increase due to the item being moved to a location other than the registered office or the customer's commercial establishment to which the delivery was made. This section does not apply in the case of recourse according to § 478 BGB.
d) The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse according to Section 478 BGB, nor does it apply in the cases of Section 438 Paragraph 1 No. 2 BGB and Section 634a Paragraph 1 No. 2 BGB. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
§ 8 Liability
8.1 If you are a consumer, we are liable for damages in accordance with the statutory provisions.
8.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with Sections 8.2 to 8.7:
a) If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions.
b) If we or our representatives or vicarious agents have slightly negligently violated an obligation, the fulfillment of which is essential for the proper execution of the contract, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies, liability is based on the foreseeable, damage that typically occurs is limited.
c) Unless otherwise specified under paragraphs a) and b), our liability for damages is excluded. The same also applies if recourse claims are asserted against us as suppliers in accordance with Section 478 of the German Civil Code (BGB).
8.3 The liability exclusions and limitations in Section 8.2 also apply to other claims, in particular tortious claims or claims for reimbursement of wasted expenses instead of performance.
8.4 The exclusions and limitations of liability under Section 8.2 do not apply to any existing claims in accordance with Sections 1, 4 of the Product Liability Act or due to culpable injury to life, body or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee event has occurred or the procurement risk has been realised.
8.5 Unless the limitation of liability in accordance with Section 8.2 applies to claims arising from producer liability in accordance with Section 823 of the German Civil Code (BGB), our liability is limited to the compensation provided by the insurance company. If this does not occur or does not occur completely, we are obliged to be liable up to the amount insured. This section does not apply in the event of culpable injury to life, body or health.
8.6 To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.
8.7The above regulations do not entail a reversal of the burden of proof.
§ 9 Service
If you have any questions, complaints or complaints, please contact us. You can reach us by email at info@vondiem.com.
§ 10 Legal system, place of jurisdiction
10.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 For customers who conclude the contract for a purpose that cannot predominantly be attributed to professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has his or her habitual residence.
10.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of our company in 20095 Hamburg.
10.4 Alternative dispute resolution and OS platform
The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following internet address: https://ec.europa.eu/consumers/odr/.
We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board. The responsible consumer arbitration board is the federal universal arbitration board: Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Tel.: +49 (0)7851 / 795 79 40, Fax +49 (0) 7851 / 795 79 41, email: mail@universalschlichtungsstelle.de, Internet: www.verbraucher-schlichter.de.
§ 11 Miscellaneous
11.1 The contract language is German.
11.2 If one or more provisions of these General Terms and Conditions are ineffective, the rest of the contract remains effective. If the provisions are ineffective, the content of the contract is based on the statutory provisions.
§ 1 General, scope
1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter “GTC”) in the version valid at the time of the order.
1.2 The contractual partner is VONDIEM GmbH, Springeltwiete 1, 20095 Hamburg. The named contractual partner is hereinafter referred to as “Seller”.
1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter “customer”). Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for a purpose that cannot predominantly be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the seller, act in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
2.1 Our offer is binding. By placing your order, you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You will receive an order confirmation by email.
2.2 Once you have found the product you want, you can take a closer look at it without obligation by clicking on the product name, the product image or the “Order” button. By clicking the “Add to cart” button you can add the item to your shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart graphic in the shopping cart window that opens. You can change the products or remove them from the shopping cart by adjusting the number or the “X” button. If you want to purchase the products in the shopping cart, click on the “Checkout” button on the “Shopping Cart” page.
During the further ordering process, you can log in via your customer account or enter further contact details for shipping. After clicking the “Continue to shipping” button, you can select the shipping options. After clicking on the “Continue to payment” button, you will reach the next step in the ordering process and can select the desired payment method. In the last step, you will receive an overview of your order data again under “Check order” and can check your details again and correct them under “Change”. You can also correct input errors by returning to previous ordering steps using the buttons provided, navigating backwards in the browser or canceling the ordering process and starting from the beginning. On the “Review” subpage you will be informed of our general terms and conditions and the declaration of revocation. To complete the purchase, you must click the “Buy” button. This will send you the order to us.
§ 3 Storage
We save your order, the order data you entered and the entire contract text. We will send you an order receipt and order confirmation with all order details and the entire contract text by email. You also have the option of printing out both the order and the general terms and conditions before sending the order to us.
§ 4 Prices, shipping costs
All prices include VAT plus shipping costs. We deliver with DHL or another provider of our choice.
§ 5 Delivery conditions
5.1 We only deliver to the following countries: Germany, Austria, Luxembourg, Italy, Spain, France, Poland, Czech Republic, Netherlands, Sweden, Norway, Monaco, Finland, Belgium, Hungary, Slovenia, Slovakia, Bulgaria, Romania, Denmark, Portugal and Greece.
5.2 Shipping
Unless a different deadline is specified in the respective offer, the goods will be delivered domestically (Germany) within 3 - 5 days, and for deliveries abroad within 5 - 7 days after conclusion of the contract.
If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made different agreements with you. In this case, the delivery time is determined by the item with the longest delivery time that you ordered.
§ 6 Payment conditions
6.1 Payment can be made either by:
Apple Pay, Google Pay
Credit card (VISA, Mastercard, Maestro, Amex)
Instant transfer (Klarna Sofort),
Klarna Immediately, Pay Later and Pay Now
PayPal
Amazon Payments
We reserve the right to exclude individual payment methods.
a) If you pay by credit card (VISA, Mastercard, Maestro, Amex), you send us your credit card details when you place your order. The credit card or the specified account will be debited immediately after the order has been placed and your identification as the legitimate credit card holder.
b) When paying with Klarna Sofort/Pay Now wYou will be redirected to Sofort GmbH's payment form. Here you have to select your bank, log in with your online banking details and approve the process with a TAN. The debit will take place immediately after you submit your order.
We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a payment with a debt-discharging effect is only possible towards Klarna.
Please note that even if you pay by instant bank transfer via Klarna, we are still responsible for general customer inquiries (e.g. about goods, delivery times, shipping), returns, complaints, cancellation declarations and returns or credit notes.
c) For payment on account via Klarna “Pay later”, Klarna will check your creditworthiness to determine whether you can be offered payment on account. If payment by invoice is possible, you will receive an invoice with payment instructions from Klarna no later than 5 days after the order was shipped or if more than 21 days have passed, regardless of whether you have already received the goods. If the order has not been shipped within 21 days, please contact us first and then Klarna to pause the payment deadline.
We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a payment with a debt-discharging effect is only possible towards Klarna.
Please note that even if you pay by invoice via Klarna, we are still responsible for general customer inquiries (e.g. about goods, delivery times, shipping), returns, complaints, cancellation declarations and shipments or credit notes.
d) When paying by EPS transfer, after selecting the payment method, a central list of participating Austrian banks opens where you can select your bank. You then enter your login details in the login window of your online banking and carry out the transfer immediately using a TAN. No registration is required to pay with EPS transfer.
e) To pay with Amazon Pay, you will be redirected to the Amazon website after selecting the payment method. In order to use the payment method you must be registered or register with Amazon. After entering your Amazon account login details on the Amazon website, select the delivery address and payment method and confirm the payment instruction to us. Finally, you will be redirected back to our shop where you can complete the ordering process. After placing the order, Amazon will ask us to initiate payment.
f) If you pay via PayPal, you will be redirected directly from the ordering process to the PayPal website. A payment via PayPal can only be made if you are registered with PayPal or register. You will then be redirected directly to the payment page and confirm the payment instruction to us. After placing the order, we will ask PayPal to initiate the payment transaction and will do this automatically.
g) When paying via Google or Apple Pay, you can initiate the payment transaction via your smartphone or wearable.
To pay with Google Pay, you must be registered with Google Pay. After selecting the Google Pay payment method, please enter your access data and confirm the payment with a payment method you have stored (credit card or debit card). The transaction is carried out immediately after the order is placed. The payment details you provide to Google Pay will not be transferred to us.
To pay with Apple Pay, you must be registered with Apple and have Apple Pay enabled. After selecting the payment method, please enter your access data for your Apple account to authenticate yourself. Please then confirm the payment instructions for payment to us using a payment method you have provided (credit card or debit card). Payment will be made immediately after placing the order.
6.2 For consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
6.3 If you are a consumer, interest will be charged on the purchase price at a rate of 5 percentage points above the base interest rate when late payment occurs. If you are not a consumer, the interest rate during the payment isdefault is 9% points above the base interest rate. In addition, we are entitled to claim a flat rate damages amount of €40 from entrepreneurs in the event of late payment. We reserve the right to prove and claim higher damages caused by the delay.
§ 7 Warranty
7.1 If you are a consumer, the warranty is in accordance with the statutory provisions.
7.2 If you place your order with us as an entrepreneur, the following applies:
a) Delivered goods must be inspected by the customer immediately after delivery, as long as this is possible in the normal course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect becomes apparent later, the report must be made immediately after discovery; otherwise the goods are deemed to have been approved even in view of this defect. § 377 HGB remains unaffected. The customer is not released from his obligation to inspect even in the event of recourse by the entrepreneur in accordance with Section 478 of the German Civil Code (BGB). If in such cases he does not immediately report the defect claimed by his customer, the goods are deemed to have been approved even in view of this defect.
b) If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the type of defect and the legitimate interests of the customer. For these contracts, supplementary performance is deemed to have failed after the third unsuccessful attempt. This section does not apply in the case of recourse according to § 478 BGB.
c) In the event of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, to the extent that these do not increase due to the item being moved to a location other than the registered office or the customer's commercial establishment to which the delivery was made. This section does not apply in the case of recourse according to § 478 BGB.
d) The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse according to Section 478 BGB, nor does it apply in the cases of Section 438 Paragraph 1 No. 2 BGB and Section 634a Paragraph 1 No. 2 BGB. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
§ 8 Liability
8.1 If you are a consumer, we are liable for damages in accordance with the statutory provisions.
8.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with Sections 8.2 to 8.7:
a) If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions.
b) If we or our representatives or vicarious agents have slightly negligently violated an obligation, the fulfillment of which is essential for the proper execution of the contract, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies, liability is based on the foreseeable, damage that typically occurs is limited.
c) Unless otherwise specified under paragraphs a) and b), our liability for damages is excluded. The same also applies if recourse claims are asserted against us as suppliers in accordance with Section 478 of the German Civil Code (BGB).
8.3 The liability exclusions and limitations in Section 8.2 also apply to other claims, in particular tortious claims or claims for reimbursement of wasted expenses instead of performance.
8.4 The exclusions and limitations of liability under Section 8.2 do not apply to any existing claims in accordance with Sections 1, 4 of the Product Liability Act or due to culpable injury to life, body or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee event has occurred or the procurement risk has been realised.
8.5 Unless the limitation of liability in accordance with Section 8.2 applies to claims arising from producer liability in accordance with Section 823 of the German Civil Code (BGB), our liability is limited to the compensation provided by the insurance company. If this does not occur or does not occur completely, we are obliged to be liable up to the amount insured. This section does not apply in the event of culpable injury to life, body or health.
8.6 To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.
8.7The above regulations do not entail a reversal of the burden of proof.
§ 9 Service
If you have any questions, complaints or complaints, please contact us. You can reach us by email at info@vondiem.com.
§ 10 Legal system, place of jurisdiction
10.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 For customers who conclude the contract for a purpose that cannot predominantly be attributed to professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has his or her habitual residence.
10.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of our company in 20095 Hamburg.
10.4 Alternative dispute resolution and OS platform
The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following internet address: https://ec.europa.eu/consumers/odr/.
We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board. The responsible consumer arbitration board is the federal universal arbitration board: Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Tel.: +49 (0)7851 / 795 79 40, Fax +49 (0) 7851 / 795 79 41, email: mail@universalschlichtungsstelle.de, Internet: www.verbraucher-schlichter.de.
§ 11 Miscellaneous
11.1 The contract language is German.
11.2 If one or more provisions of these General Terms and Conditions are ineffective, the rest of the contract remains effective. If the provisions are ineffective, the content of the contract is based on the statutory provisions.