Terms and Conditions
1. General Information
(1) These terms and conditions apply to all services and offers of Vmaxx GmbH & Co. KG, Im Huelsenfeld 5a, D-40721 Hilden (hereinafter – Vmaxx -) under the domain www.vmaxx.de
(2) Orders are subject solely to these terms and conditions or the current edition of the terms and conditions at the time the order was placed. The terms and conditions are available on our website under “Terms and Conditions.” Any opposing terms and conditions of the purchaser shall be expressly excluded. This also applies to unconditional deliveries from Vmaxx despite known contrary customer terms and conditions.
(1) The offers are subject to change without notice. The buyer declares intent to purchase the goods when placing the order. The conclusion of a contract and hence the contractual obligation to render the individual services shall take place if Vmaxx confirms the legally binding order in writing within 5 days after the order was placed. An order receipt confirmation does not constitute a delivery confirmation.
(2) Vmaxx reserves the right to decline the order especially if the online store has offers that contain erroneous writing, typos, or errors in calculation which have become the basis of the customer order.
(3) We do not save the contract text. The order information as well as these terms and conditions are sent to you via email. After the order is concluded, the contract text is no longer accessible on the Internet.
3. Preise und Versand
(1) The listed prices are final and include the VAT.
(2) Shipping costs are listed near the respective product price and vary according to the country of destination. For shipping to foreign countries, customs fees may apply and are payable directly to the appropriate customs authorities.
(3) Should you take advantage of your right to cancel, Vmaxx will pickup the delivered goods. Vmaxx takes return mailing cost of the delivered goods.
(1) In exceptional cases, Vmaxx is entitled to partial deliveries as long as it is reasonable for the buyer.
(2) If the expected delivery date of a placed order should change, the customer shall be informed thereof and has the right to cancel or change the order anytime before the delivery of the order.
(3) The risk of accidental loss or deterioration of goods is transferred to the buyer at the time of delivery, as long as the buyer is the consumer. If the buyer is a business, the buyer assumes the risk of accidental loss or deterioration of goods once they are handed over to the carrier, shipping agent or the person or establishment designated for shipping.
5. Payment, Retention of Title
(1) If the buyer is a registered reseller, the buyer may pay by invoice.
(2) Payment is due 10 days after invoicing.
(3) Consumers and not registered businesses can choose between cash on delivery or prepayment (credit card or using the online payment service PayPal).
(4) For orders from other EU countries, the only accepted form of payment is prepayment, by credit card or using the online payment services PayPal.
(5) The goods remain in the ownership of Vmaxx until the payment was made in full. For business orders, the goods remain in the ownership of Vmaxx until payment was made in full for all orders including receivables resulting from future business transactions.
(6) The buyer is only entitled to offset if the buyer‘s counterclaims are undisputed or have been established as legally binding.
(7) Expenses arising from wrong information provided by the customer are carried by the customer.
6. Cancellation Policy for Consumer Orders
Instructions on Withdrawal
Rigth of withdrawal
You have the right to withdraw from this contract within 14 days/1 month without giving any reason.
The withdrawal period will expire after 14 days/1 month from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us:
Vmaxx GmbH & Co. KG
Im Huelsenfeld 5a, D-40721 Hilden
firstname.lastname@example.org, Fax +49 (0)2103 - 33 41 14, Tel. +49 (0)2103 - 33 49 29
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form at the end, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We will pickup the delivered goods. We take return mailing cost of the delivered goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of Instructions on Withdrawal
(2) Goods that were customized to customers‘specifications as well as audio and video or software items that have been opened may not be returned.
(1) The statutory consumer warranty regulations apply.
(2) Business customers are required to inspect the goods upon receipt and immediately inform Vmaxx of any discovered defects in writing.
(3) For business customers the warranty period is one year from the date of delivery. The purchase of used goods is excluded from warranty. For consumers, the statutory period of limitation is two years from the date of delivery, for used goods, one year.
(1) Vmaxx is liable for damage arising from deliberate or negligent acts or breach of contractual or pre-contractual obligations by Vmaxx as well as its legal representatives or agents. Liability for slight negligence is excluded unless there is a breach of a cardinal obligation or if it is an issue of injury to body and damage to health.
(2) Liability for slight negligence is limited to foreseeable damage. This does not apply in cases of injury to body and damage to health.
(3) Liability regulations according to the Product Liability Act remain unaffected by these liability limitations.
(1) Entering into and carrying out any and all contracts is subject to German law. This only applies to you as a consumer insofar that the warranty rights granted to you by the laws governing your place of residence are not revoked. The UN Convention on the International Sale of Goods shall be excluded.
(2) Exclusive place of jurisdiction for contracts with businesses, legal entities under public law or special public funds is the court of jurisdiction at the Vmaxx place of business.
(3) Should one of the terms and conditions herein be wholly or partially invalid, the rest of the contract remains valid. The appropriate legal provision comes into effect to fill in for the respective invalid or missing term or condition.
10. Consumer Arbitration Body / Dispute Settlement Procedure
(1) EU Commission online dispute resolution platform: https://ec.europa.eu/consumers/odr
(2) We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Consumer Information
We do not save the contract text.
A contract can be entered into in both the German and the English language. The website is displayed in the German language. You can switch to English by clicking on the German flag on the homepage and then clicking the text “deutsch” and then select English. The contract will then be concluded in the language you selected.
Main Characteristics of the Offered Goods
The main characteristics of the offered goods are listed in the respective product descriptions.
If you made an entry error, it can be corrected by going to the respective page of the ordering process and making the desired correction.
Last updated: June 2014
Stand: September 2018
Download as PDF
(complete and return this form only if you wish to withdraw from the contract.)
Vmaxx GmbH & Co. KG
Im Hülsenfeld 5a
Fax +49 (0)2103 - 33 41 14, Tel. +49 (0)2103 - 33 49 29
I/We (*) hereby give no(ce that I/We (*) withdraw from my/our (*) contract of sale of the
following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*): _______________________________________________
Name of consumer(s): _________________________________________________
Address of consumer(s):
Signature of consumer(s)
(only if this form is no(fied on paper)
(*) Delete as appropriate.