Условия за използване на услугата

for the online shop available at www.velina-kids.com

operated by:

Velina Kids
Hainweg 3
86450 Altenmünster
Germany
Email: info@velina-kids.com

Hereinafter referred to as the “Provider”.

1. Scope of Application

These General Terms and Conditions (hereinafter “Terms and Conditions”) apply, once incorporated into the contract, to all contracts for the purchase of goods, services or other items (hereinafter collectively referred to as “Goods”) concluded through the online shop at the URL stated above, in the version applicable at the time the contract is concluded. These Terms and Conditions apply exclusively. Any conflicting or differing terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers presented in the online shop constitute a non-binding invitation by the Provider to visitors to the online shop to submit an offer to purchase the Goods offered there.

2.2 Goods are ordered using the Provider’s online order form. After selecting the desired Goods, entering all required information and completing all other mandatory steps of the ordering process, the customer may place an order by clicking the order button at the end of the checkout page (the “Order”). By placing the Order, the customer submits a binding contractual offer to purchase the selected Goods. A contract is concluded when the Provider accepts the customer’s offer. Acceptance takes place when the Provider confirms the conclusion of the contract in writing or in text form (e.g. by email) and the customer receives that confirmation (“Order Confirmation”); or when the Provider delivers the ordered Goods and the customer receives them; or when the Provider requests payment from the customer (e.g. by invoice or credit card payment during checkout) and the customer receives the payment request. The contract is concluded at the time the first of these events occurs.

2.3 Before submitting a binding Order via the Provider’s online order form, the customer may review and correct their entries at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding Order is submitted and can also be corrected there using these input functions.

2.4 The Provider will store the contract text after the contract has been concluded and send it to the customer in text form (e.g. by email). The Provider will not make the contract text available in any other way. If the purchase was made through a customer account in the online shop, the customer can view their Orders and the related order data in that account.

2.5 The following languages are available for concluding the contract: German and English.

3. Right of Withdrawal for Consumers

As a general rule, consumers have a statutory right of withdrawal for contracts concluded away from business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity. Further details are set out in the withdrawal instructions, which are made available to each consumer no later than immediately before the contract is concluded.

4. Payment and Late Payment

4.1 The prices displayed in the online shop at the time of the Order shall apply. All prices include the applicable statutory value-added tax (VAT) and exclude any shipping costs that may be indicated separately. The available payment methods are communicated to the customer in the Provider’s online shop.

4.2 If advance payment has been agreed, the purchase price is due immediately upon conclusion of the contract.

4.3 If payment by invoice has been agreed, payment is due immediately upon conclusion of the contract, unless a different payment deadline is specified on the invoice or during checkout.

4.4 If payment by SEPA direct debit has been agreed, payment is due immediately upon conclusion of the contract. Before the purchase price is debited, the customer will be informed when the agreed purchase price is expected to be collected (“Pre-Notification”). The direct debit will not be collected before the customer has received the Pre-Notification or before the period stated in the Pre-Notification has expired. If the direct debit fails due to insufficient funds, incorrect bank details or other circumstances for which the customer is responsible, the customer shall bear any resulting chargeback fees insofar as the customer is responsible for the failed collection.

4.5 If payment by credit or debit card has been agreed, the purchase price is due immediately upon conclusion of the contract.

4.6 If payment via PayPal has been agreed, the purchase price is due immediately upon conclusion of the contract. Payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg.

4.7 If payment by Sofort bank transfer (“Sofortüberweisung”) has been agreed, the purchase price is due immediately upon conclusion of the contract. Payment is processed by Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany.

4.8 If Apple Pay is selected as the payment method, payment is processed through the Apple Pay payment service of Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately upon conclusion of the contract.

4.9 If Google Pay is selected as the payment method, payment is processed through Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately upon conclusion of the contract.

4.10 If payment by American Express is selected, payment is processed through American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main, Germany. Payment is due immediately upon conclusion of the contract.

4.11 If VISA is selected as the payment method, payment is processed through Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment is due immediately upon conclusion of the contract.

4.12 If Klarna is selected as the payment method, payment is processed through Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g. instalment payments and payment by invoice). Unless otherwise stated, payment is due immediately upon conclusion of the contract.

4.13 If payment by Giropay has been agreed, the purchase price is due immediately upon conclusion of the contract. Payment is processed through paydirect GmbH, Stephanstr. 14–16, 60313 Frankfurt am Main, Germany.

5. Retention of Title

The purchased Goods shall remain the property of the Provider until the purchase price has been paid in full.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery shall be made to the delivery address provided by the customer within the delivery period specified in the online shop. The applicable delivery periods can be found in the online shop.

6.2 Collection of purchased Goods by the customer is not possible.

6.3 If the Provider is unable to deliver the ordered Goods because, through no fault of its own, it has not received the Goods from its own supplier despite having entered into a corresponding supply contract with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider must inform the customer without delay that performance is impossible. Any payments or other consideration already provided by the customer shall be refunded without delay. Mandatory consumer protection law shall remain unaffected by this provision.

7. Statutory Rights in the Event of Defects

The statutory provisions governing liability for defects shall apply.

8. Liability and Indemnification

8.1 The Provider shall be liable without limitation:

for damage arising from injury to life, body or health caused by an intentional or negligent breach of duty by the Provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
for damage caused by an intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
under a guarantee, unless otherwise agreed in relation to that guarantee; and
where liability is mandatory under applicable law (e.g. under the German Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the type of contract, unless unlimited liability applies under the preceding paragraph. Material contractual obligations are obligations imposed on the Provider by the contract that are essential to achieving the purpose of the contract, whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the customer may normally rely.

8.3 In all other respects, liability of the Provider and of its vicarious agents and legal representatives is excluded.

8.4 The customer shall indemnify the Provider against all claims asserted by third parties against the Provider as a result of unlawful acts or breaches of contract committed by the customer, including statutory legal defence costs.

9. Data Protection

The Provider treats its customers’ personal data confidentially and in accordance with applicable data protection laws. Further details are provided in the Provider’s Privacy Policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not deprive a consumer habitually resident in the European Union of the protection afforded by mandatory provisions of the law of their country of habitual residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court having jurisdiction at the Provider’s registered place of business shall have jurisdiction, unless exclusive jurisdiction applies to the dispute. This shall also apply if the customer has no place of residence within the European Union. The Provider’s place of business is stated at the beginning of these Terms and Conditions.

10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected.