Terms of service
The A. Heinrichs GmbH, Fürstenstr. 6, 80333 Munich, Managing Director Anna Schmidt, telephone +49 5295 998484, firstname.lastname@example.org (hereinafter referred to as "HORROR VACUI", "A. Heinrichs GmbH" or "we"), operates an online shop at the Internet address www.horror-vacui.com (hereinafter referred to as "Website").
The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to all orders placed by you via the website and to our deliveries and services. We do not recognise any deviating provisions of the customer unless we have agreed to their validity in writing.
The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at http://ec.europa.eu/odr.
We are not willing to participate in dispute resolution proceedings before consumer arbitration boards.
§2 CONCLUSION OF THE CONTRACT
1. The languages available for the conclusion of the contract are German and English.
2. The presentation of the goods on our website does not constitute an offer by HORROR VACUI to conclude a purchase contract.
3. By sending the order form provided on our website to us, you are making a binding offer to conclude a purchase contract with us. You make the offer by entering all the required details during the ordering process and finally sending the order form to us by pressing the "Send order" button. Before submitting the offer, you will receive an overview of the information you have provided and the opportunity to correct any input errors.
4. upon receipt of your order by us, we will send you an e-mail confirming receipt of your order by us and listing the details of your order (order confirmation). Please note that this order confirmation does not constitute a declaration of acceptance of your contractual offer, but is for information purposes only.
5. The purchase contract between you and HORROR VACUI is only concluded when we accept the offer by sending the ordered goods. In the case of advance payment, the goods will only be sent after the full amount has been credited to our account.
6. HORROR VACUI is entitled to reject an offer on your part without giving reasons, in particular if there is reasonable suspicion that the goods purchased via the Internet are to be resold commercially.
§3 CANCELLATION POLICY
The right of withdrawal applies exclusively to consumers in accordance with § 13 BGB.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must send us, A. Heinrichs GmbH, Fürstenstr. 6, 80333 Munich, Germany, email@example.com, telephone +49 5295 998484, by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you cancel this contract, we must return to you all payments we have received from you, excluding delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Grounds for exclusion or extinction of the right of withdrawal
The right of withdrawal only applies to items that have not been personalized or modified. The right of withdrawal expires for personalised products.
End of the cancellation policy
Sample cancellation form: We will send you a version of the model cancellation form immediately after conclusion of the contract.
§4 VOLUNTARY RIGHT OF RETURN
1. irrespective of the right of withdrawal to which you are entitled by law, HORROR VACUI offers you the following voluntary right of return:
All products from horror-vacui.com can be returned to HORROR VACUI within 14 days of receipt of the goods. However, the right of return only applies to unworn, unwashed and faultless items from which the labels have not been removed. Any loss in value of the goods due to wearing, washing, or causing other signs of use as well as removal of the security label, removal/damage of the original packaging, accessories or similar will therefore result in the return being rejected, as we cannot offer these items for sale again. In this case, the goods will be returned to the customer without a refund of the purchase price.
2.1 You shall bear the costs of the return shipment.
2.2 The return of the goods shall be made exclusively with the shipping service provider via which the package was delivered (DHL or UPS).
2.3 Please note that we can only accept returns from the respective country of delivery. For example, if the delivery was made to Austria, the return may also only be initiated from Austria.
2.4 In the event of a return, a credit will be made to your account/card, any losses due to currency fluctuations will not be refunded.
2.5 The return shipment must be made to:
A. Heinrichs GmbH
Am Lipsberg 18
If you have any questions about your right of return, please contact our customer service:
Phone: +49 5295 998484
This voluntary right of return does not limit your statutory rights and therefore does not limit your right of withdrawal as set out above.
§5 PRICES, PRODUCT PRESENTATION, AVAILABILITY, GIFT CARD, PROMOTION CODE
1. the prices stated on our website www.horror-vacui.com apply at the time of your order.
2. the goods offered at horror-vacui.com are represented on the internet site in the form of digital photographs of the real existing goods. Slight deviations between representation and reality do not constitute a defect of the ordered goods.
3. If you have ordered several products at the same time, the individual products can be delivered at different times. § 266 BGB remains unaffected. Shipping costs are only charged once here.
4. Gift Card
4.1 The Gift Card is valid for an unlimited period from the date of purchase and is applicable to the purchase of all items except further Gift Cards.
4.2 The exchange or payment of your Gift Card is excluded outside the statutory rights of return and withdrawal to which you are entitled.
4.3 The Gift Card is available in the respective currency of our delivery countries and can only be redeemed in the selected destination country.
4.4 When purchasing the Gift Card, you can choose between two options: Either Gift Card by e-mail or Gift Card by post.
4.5 HORROR VACUI reserves the right to cancel or block the Gift Card if there is a justifiable reason for such action, for example in the event of loss or misuse of the Gift Card. HORROR VACUI will inform you of the cancellation or blocking of the Gift Card.
5. Promotion Code
5.1 Promotion Codes have different durations and are applicable to the purchase of all items except Gift Cards. The specific duration of your Promotion Code can be found in the document that also contains the Promotion Code.
5.2 The exchange or payout of promotion codes that you have received from HORROR VACUI as part of marketing campaigns or as a gesture of goodwill is excluded. A payout of other promotion codes is also excluded outside the rights of return and withdrawal to which you are entitled by law.
5.3 HORROR VACUI reserves the right to cancel or block the Promotion Code if there is a justifiable reason for such action, for example in the event of loss or misuse of the Promotion Code. HORROR VACUI will inform you of the cancellation or blocking of the Promotion Code.
5.4 Information on returning items from orders with a promotion code:
If you exercise your right of cancellation or voluntary return, you will be refunded the discounted purchase price. If you revoke or return an item from an order that originally contained several items, the value of the Promotion Code will be deducted proportionally from the total price of the item and you will receive the corresponding refund. The Promotion Code will expire in proportion to the value of the returned item. If all items are cancelled or returned, the Promotion Code will expire and the amount originally paid will be refunded. There is no entitlement to a refund or replacement of a promotional code from a promotion.
§6 STORAGE OF THE TEXT OF THE CONTRACT
We store your order data. If you would like a printout of your order, you have the option of printing out a "confirmation of receipt". This will appear on your screen after you have sent the order to us by clicking the "Complete Order" button and your credit card details have been successfully checked.
In addition, you will receive the order confirmation with all the specified data by e-mail as well as a version of the sample cancellation form which can also be printed out.
§7 DELIVERY & SHIPPING
1. worldwide shipping is carried out with DHL and UPS. It is possible to choose between DHL Express, DHL Standard and UPS Express as well as UPS Standard. The transport risk is borne by HORROR VACUI.
2. unless otherwise agreed, the goods are ready for dispatch within three days of receipt of your order. Unless otherwise agreed, delivery will be made within 1 to 5 working days to the delivery address specified by the purchaser, depending on the choice of shipping method and delivery location. If payment is made in advance, delivery will not be made until the full purchase price has been credited to our account.
3. consignments outside the EU
3a) Shipments to Switzerland
Experience shows that the delivery time to Switzerland is 1 to 3 working days. Please note that we bear the insurance of the goods as well as any costs for accompanying documents. Item prices are quoted inclusive of VAT applicable in Switzerland and customs and handling charges, but do not include German VAT.
3b) Shipments to Japan
Experience shows that the delivery time to Japan is 2 to 5 working days. Please note that we bear the insurance of the goods, as well as any costs for accompanying documents. Item prices are quoted inclusive of VAT applicable in Japan, as well as customs and handling charges, but do not include German VAT.
3c) Shipments to the USA
Experience shows that the delivery time to the USA is 1 to 3 working days. Please note that we bear the insurance of the goods, as well as any costs for accompanying documents. Item prices are quoted inclusive of customs and handling charges, but do not include German VAT or US Sales Tax.
3d) Shipments to the Middle East (incl. Bahrain, Kuwait, Oman, Qatar, UAE, Saudi Arabia)
Experience has shown that the delivery time to the Middle East is 1 to 4 working days. The costs for the insurance of the goods and for all accompanying documents are borne by us. Customs and handling fees are included in the item price, but not German VAT. In the event of a return, customs and handling charges can only be refunded in the form of a voucher.
3e) Shipments to Hong Kong
Experience shows that the delivery time to Hong Kong is 2 to 4 working days. The costs for insuring the goods and for all accompanying documents are borne by us. Customs and handling fees are included in the item price, but not German VAT.
In the event of a return, customs and handling fees can only be refunded in the form of a voucher.
3f) Shipments to Australia
Experience shows that the delivery time to Australia is 2 to 5 working days. The costs for insuring the goods and for all accompanying documents are borne by us. Customs and handling fees as well as goods and services tax are included in the item price, but not German VAT.
3g) Shipments to Singapore
Experience shows that the delivery time to Singapore is 2 to 4 working days. The costs for insuring the goods and for all accompanying documents are borne by us. Taxes and handling charges are included in the item price, but not German VAT.
3h) Deliveries to China
Experience shows that deliveries to China take 2 to 5 working days. Please note that HORROR VACUI takes care of the insurance of the goods and all costs for the shipping documents. The product prices on the website include VAT for China, customs duties and handling fees, but not VAT for Germany.
3i) Deliveries to UK
Experience has shown that the delivery time to the UK is 1 to 3 working days. Please note that we are responsible for insuring the goods and any accompanying paperwork costs. Item prices are quoted exclusive of UK VAT and customs and handling charges.
3j) Shipments to the rest of the world
Experience shows that the delivery time to countries subject to customs duties is 2 to 5 working days. Please note that we bear the insurance of the goods, as well as any costs for accompanying documents. Item prices are stated without VAT and customs duties, this also applies to German VAT. Please note that for each country individually all import taxes, customs duties and handling fees will be charged separately by DHL. If you have any questions about the amount of taxes and fees applicable in your country, please contact our customer service by e-mail: firstname.lastname@example.org. Please note that any foreign bank charges are to be borne by you.
Shipping costs, customs duties, import sales tax and DHL handling fees will not be refunded in the event of a return.
4. shipping costs
For partial shipments, shipping costs are charged only once.
§8 PAYMENT; DEFAULT IN PAYMENT; SET-OFF; RIGHT OF RETENTION
1. accepted payment methods
You can pay for your order at HORROR VACUI by prepayment or PayPal. All payments as well as credits will be processed in the currency underlying the purchase.
2. payment by gift card
2.1 Payment by Gift Card is made by entering the Gift Card Code in the field provided for this purpose during the ordering process and then clicking the "Apply Code" button ("Shopping Basket" ordering step). If the order value exceeds the value of the Gift Card Code, you must also select one of the payment methods offered with which you wish to settle the remaining amount. If the value of the Gift Card code is higher than the order value, you can use the same code again for your next purchases until the credit of the Gift Card is completely used up. Cash payment of the Gift Card is not possible.
3. payment by promotion code
3.1 Payment by Promotion Code is made by entering the Promotion Code in the field provided for this purpose during the ordering process and then clicking the "Apply Code" button ("Shopping Basket" ordering step). If the order value exceeds the value of the promotion code, you must also select one of the payment methods offered with which you wish to settle the remaining amount.
Offsetting by the customer is excluded unless the counterclaim has been legally established, is ready for a decision or is undisputed or includes a claim for compensation for defect rectification costs from the same contractual relationship.
5. right of retention in commercial transactions
In commercial transactions, a right of retention and a right to refuse performance on the part of the buyer are excluded with the exception of undisputed, legally established counterclaims or claims arising from the rectification of defects from the same contract.
§9 RESERVATION OF OWNERSHIP
The delivered goods remain the property of HORROR VACUI until full payment has been received.
§10 QUESTIONS ABOUT THE ORDER OR COMPLAINTS
Please direct any questions about your order or complaints to our customer service:
Phone: +49 5295 998484
The statutory provisions shall apply to claims based on defects of the delivered goods, with the exception that a claim for damages based on a defect shall only exist in accordance with the following §12.
1. We shall be liable without limitation for intent and gross negligence. In the event of a slightly negligent breach of a primary performance obligation or a secondary obligation, the breach of which jeopardises the achievement of the purpose of the contract or the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer could rely ("essential obligation"), our liability shall be limited to foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of contractual obligations that do not belong to the essential obligations.
2. Liability in the event of fraudulent concealment of defects or in the event of the assumption of a quality guarantee as well as liability for claims based on the Product Liability Act and for damages arising from injury to life, limb or health shall remain unaffected by this. This does not imply a change in the burden of proof to the detriment of the customer.
3. Insofar as the liability of HORROR VACUI is excluded or limited, this shall also apply to the personal liability of employees, workers, staff, representatives and vicarious agents.
§13 CHOICE OF LAW, EFFECTIVENESS
1. All legal disputes arising from or in connection with the purchase contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.