Terms of Vehement UG (haftungsbeschränkt), hereinafter referred to as Seller.
§ 1 General, Definitions
(1) The seller on the website www.vhmnt.com and other channels sells fight gear, clothing and accessoires.
(2) The following terms and conditions (GTC) apply to the business relationship between the seller and the customer valid at the time of the order.
(2) A consumer is any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent professional activity. Entrepreneurs. S. d. Terms and conditions are natural or legal persons or partnerships with legal personality who act on closing of the transaction in their commercial or independent professional activity. Customer i. S. d. Terms and Conditions are both consumers and entrepreneurs.
§ 2 Conclusion
(1) The ordered goods may vary slightly within reason of the products shown on the Internet due to technical reasons, display options, in particular this may lead to color variations, as it is reasonable.
(2) This contract will be stored by the seller and provided to the customer before the contract in the online shop via a link available. By submitting an order, the customer confirms that he accepts the terms and conditions.
§ 3 Retention of title
(1) For consumers, the seller retains title to the goods until full payment of the purchase price. For entrepreneurs, the seller retains title to the goods until all claims from an ongoing business relationship.
(2) At behavior of the customer, especially late payment, for providing false information to the customer of his creditworthiness or if the request to open insolvency proceedings on the assets of the customer is made, the seller – if necessary after a deadline – entitled to cancel the contract and the goods to demand out, provided that the customer has not yet or not fully paid the consideration.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. It assigns to the seller all claims i. H. d. Invoice price, which accrue from the resale to a third party. The seller accepts the assignment. After the assignment the entrepreneur is authorized to collect the debt. The seller reserves the right to collect the claim itself as soon as the entrepreneur his payment obligations properly and is in default of payment.
(4) The seller undertakes to release the securities he is entitled at the request of the customer insofar as the realizable value of the securities exceeds the secured claims by more than 10%. The choice of securities to be released is incumbent while the seller.
§ 4 Remuneration
(1) The indicated price is binding. The price includes the German VAT. There are no costs for shipping or packaging.
(2) The customer agrees to pay the total price within 14 days after receipt of the order confirmation email or invoice. After the deadline, the customer is in arrears. The consumer has the arrears on the debt of interest 5 percentage points above the base rate. The operator has the arrears on the debt of interest 8 percentage points above the base rate. Compared to entrepreneurs, the seller reserves the right to assert a higher default damages.
(3) The customer has the right to offset only if his claims have been legally recognized or have not been contested by the seller. The buyer’s right to set-off with contractual and other claims arising from the initiation or execution of this contract shall remain unaffected. The customer can only exercise if his counterclaim is based on the same contract.
§ 5 Payment
(1) The customer can also purchase price through various payment methods to settle (for example, in advance / bank transfer, PayPal). The resources available for the specific product payment methods are indicated on the relevant product page.
(2) When paying by PayPal, the customer must register at www.paypal.com. Apply the terms of the PayPal (Europe) S.à R.L. et Cie, S.C.A.
(3) There are on our part no costs of the selected tender.
§ 6 Shipping
(1) The seller delivers the specified countries on the supply side.
(2) The delivery period is specified in the respective supply side.
§ 7 Transfer of Risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer also on sale to the delivery of the goods.
(2) For entrepreneurs the risk of accidental loss and accidental deterioration of the goods with the handover goes on sale to the delivery of the goods to the shipper, the carrier or otherwise to execute the dispatch person or institution to the entrepreneur about.
(3) The handover is the same, if the customer is in default of acceptance.
§ 8 Warranty
(1) The customer has a statutory right of warranty, which is modified in accordance with §§ 8, 9 of these Terms and Conditions.
(2) Ordered goods may differ slightly from the goods displayed on the Internet, within reason. Reference is made to § 2 para. 1 of these Conditions.
(3) consumers have the choice of whether to require remedy by repair or replacement. The seller is entitled to the type of post to be refused if it is only possible with disproportionate costs and the other type of remedy without significant disadvantages for the consumer. For companies, the seller for defective goods shall initially its option by repair or replacement.
(4) If the remedy fails, the customer can demand a reduction of the purchase price (reduction), cancellation of the contract (withdrawal) or compensation instead of performance. With only minor defects, the customer – taking into account the mutual interests – no right of withdrawal. Instead of damages instead of performance, the customer may demand compensation for wasted expenditure in accordance with § 284 BGB, which he made in reliance upon the receipt of goods and reasonably allowed to make. If the customer chooses compensation instead of performance, the liability limitations apply in accordance with § 9 para. 1 of these Conditions.
(5) Entrepreneurs need the seller obvious defects of the goods delivered within a period of 2 weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. To meet the deadline, timely dispatch or release. For merchants, § 377 HGB.
(6) If the customer is regarded as quality of the goods only the product description of the seller as agreed. Public statements, recommendations or advertisements of the manufacturer do not represent contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs 1 year after delivery. For used goods, the warranty period is also 1 year after delivery of the goods. The one-year warranty period does not apply if the seller guilty of gross negligence, also not in the case attributable by the seller to body or health and in case of loss of life of the customer, in case of a warranty and in case of delivery recourse pursuant to §§ 478, 479 BGB. The seller’s liability under the Product Liability Act remains unaffected.
(8) Notwithstanding para. 7 applies the limitation period, if the seller has fraudulently concealed a defect.
(9) The seller gives to the customer no guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer warranties remain unaffected.
§ 9 Limitation of Liability
(1) In case of slightly negligent breaches of duty, the liability is limited to the predictable nature of the product, typical, direct average damage. This also applies to slightly negligent breaches of duty by the legal representatives or carry out work or agents of the Seller. The seller is not liable insignificant contractual obligations for slight negligence. Instead, he is liable for the breach of contractual legal positions of the customer. Essential contractual legal positions are those that have to provide the customer under the contract content and purpose of the treaty. The seller is also liable for the violation of obligations, the fulfillment of which renders a correct execution of the contract and may rely on compliance with the customer.
(2) The above limitations do not affect customer claims arising from guarantees and / or product liability. Furthermore, the liability limitations do not apply in case of malice, to breach of contractual obligations and the seller to body or health or in case of loss of life of the customer.
§ 10 Final provisions, dispute settlement
(1) The law of the Federal Republic of Germany. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his habitual residence. The provisions of the CISG shall not apply.
(2) If the customer is a merchant, legal entity under public law or a public special asset, jurisdiction is the competent to the business of the seller court for any disputes arising from this contract, except in case of an exclusive jurisdiction. However, the seller is also entitled to sue the merchant at his residence or domicile court. Responsibility basis of an exclusive jurisdiction remains unaffected.
ODR according to Art. 14 para. 1 ODR VO
The European Commission provides a platform for online dispute resolution: http://ec.europa.eu/consumers/odr/.