1.1 These General Terms and Conditions (hereinafter "GTC") of "Vaarora" (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own conditions is herewith objected to, unless other terms have been agreed upon.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.3 A consumer pursuant to these GTC is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession.
1.4 An entrepreneur pursuant to these GTC 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.
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. By doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by e-mail, post, or telephone.
2.3 The Seller can accept the Customer's offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com
2.5 If the "Amazon Payments" payment method is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de
2.6 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been sent. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the relevant login data.
2.7 Before finally submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.9 Order processing and contact are usually carried out via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices containing the statutory value-added tax (VAT). Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs regarding money transfers may also arise if the delivery does not take place in a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment options are communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where they make advance deliveries to the Customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative test result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of the assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and submissions, or credit notes.
4.6 If the "Sofortüberweisung" payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", legitimize themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna, and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method is available to the Customer online at https://www.klarna.com
4.7 If a payment method offered via the "Shopify Payments" service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com
4.8 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply. Further information on Stripe is available online at https://stripe.com
4.9 If a payment method offered via the "Klarna" payment service is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
https://vaarora.com
4.10 If the purchase on account payment method is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date, unless otherwise agreed. The purchase on account payment method requires a successful credit check by Klarna AB. If the Customer is permitted to use the purchase on account payment method after checking their creditworthiness, payment is processed in cooperation with Klarna AB, to whom the Seller assigns their payment claim. In this case, the Customer can only make payments to Klarna AB with debt-discharging effect. In all other respects, the General Terms and Conditions of Klarna AB apply, which the Customer can access during the order process. The Seller reserves the right to offer the purchase on account payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in their payment information in the online shop.
4.11 If the "PayPal Invoice" payment method is selected, the Seller assigns their payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal carries out a credit check. The Seller reserves the right to refuse the "PayPal Invoice" payment method in the event of a negative test result. If approved, the Customer must pay the invoice amount to PayPal within 30 days of receiving the goods. They can only make payments to PayPal with debt-discharging effect. The General Terms of Use for PayPal's invoice purchase apply, available at https://www.paypal.com
4.12 If the credit card via Stripe payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via Stripe. Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
5.1 If the Seller offers shipping, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal, the regulation made in the Seller's withdrawal policy applies to the return costs.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk generally only passes upon handover of the goods to the Customer or an authorized recipient.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods.
5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.
5.6 If a product is out of stock and offered as a "Made-to-Order" or backordered item, it will be specially integrated into the current production phase in Italy for the Customer. In these cases, the extended delivery time specified in the respective product description (e.g., 2-4 weeks) shall apply. The Customer's statutory right of withdrawal remains unaffected by this.
If the Seller makes advance deliveries, they retain title to the delivered goods until the purchase price owed has been paid in full.
Unless otherwise stated below, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
7.2 The limitations of liability and shortening of deadlines regulated above do not apply
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer omits the notification obligations regulated therein, the goods are deemed approved.
7.5 If the Customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is fully liable for any legal reason
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 In all other respects, the liability of the Seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the Seller for their vicarious agents and legal representatives.
9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction is stated on the voucher.
9.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offset is not possible.
9.4 Only one Promotional Voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded.
9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.7 The credit of a Promotional Voucher is neither paid out in cash nor does it earn interest.
9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for entirely or partially with the Promotional Voucher within the scope of their statutory right of withdrawal.
9.9 The Promotional Voucher is transferable. The Seller can perform with discharging effect to the respective holder who redeems the Promotional Voucher in the online shop.
10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
10.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed by the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
10.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent offset is not possible.
10.4 Only one Gift Voucher can be redeemed per order.
10.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
10.7 The credit of a Gift Voucher is neither paid out in cash nor does it earn interest.
10.8 The Gift Voucher is transferable.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.