Vicky´s Nylons

1. general

(1) These General Terms and Conditions (GTC) apply to all offers and services relating to the internet platform www.vickys-nylons.de. If the customer refers to the inclusion of his own terms and conditions of business or purchase, these are contradicted.

(2) Individual contractual agreements shall take precedence over general terms and conditions.

2. conclusion of the contract

(1) The service descriptions on our website www.vickys-nylons.de do not constitute an offer to conclude a purchase contract. Such an offer is only made when the customer places an order online via the contact form or on the basis of an order placed by telephone or in text form. The subsequent confirmation of receipt of the order sent by us does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound by his offer (this expires) if we have not sent him a declaration of acceptance within 5 calendar days (calculated from the date of receipt of the order by us).

(2) If a declaration of acceptance received by the customer late has been sent in such a way that it would have been received by the customer in good time in the case of regular transport, and if the customer must have recognized this, the customer must notify us of the delay immediately after receipt of the declaration, unless it has already done so beforehand. If the customer delays the dispatch of the notification, the acceptance shall not be deemed delayed. Otherwise, delayed acceptance by us shall be deemed to be a new offer to conclude a purchase contract, which the customer may accept by express declaration of acceptance or by taking delivery of the goods.

3. choice of law

The contractual relationship between the parties to the purchase contract shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CSIG) is excluded.

4. prices, payment, delivery, shipping costs

(1) The remuneration shall include the value added tax (VAT) applicable at the time of the order.

(2) We offer the following payment options when concluding contracts:

I. For deliveries within Germany: advance payment via PayPal

II. for deliveries abroad:

Prepayment per

– Bank transfer
– PayPal

III. it is also possible to collect our goods from our warehouse against cash payment (warehouse location: Memmingen).

(3) All articles are delivered within Germany and worldwide.

(4) Delivery is made either by DHL, post or by the manufacturer’s own forwarding agent.

(5) The shipping costs can be found in the ‘Shopping cart’ button in the navigation bar and in the product presentations.

5. information on distance selling law / link to the ODR platform

(1) The description of the goods results from the presentation on the Internet at www.vickys-nylons.de.

(2) The instructions on your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiry, the withdrawal form, the consequences of withdrawal, e.g. return shipment, return costs and compensation for lost value, can be found under the menu item ‘Info’ sub-item GTC.

(3) Delivery shall be made at the latest within 5 working days (Monday to Friday, excluding public holidays) after the
payment order has been issued to the transferring bank (in the case of advance payment) or after conclusion of the contract (in the case of cash on delivery or purchase on account).

(4) We do not provide any customer services, in particular no customer service, and do not grant any guarantees ourselves.

(5) There is no out-of-court complaint or appeal procedure to which we are subject.

(6) Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution for consumer disputes has been in force since January 9, 2016. It applies to the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts between consumers and online traders and aims to achieve a high level of consumer protection in the European single market. The possibility of online dispute resolution (ODR) is intended to offer a simple, efficient, fast and cost-effective out-of-court solution for disputes. The ODR platform forwards properly submitted complaints to the competent (under national law) ADR bodies (out-of-court dispute resolution). Use of the ODR platform itself is free of charge; in proceedings before the ADR entities, consumers may incur costs (up to EUR 30.00) if their request is abusive.

Link to the ODR platform of the EU Commission: www.ec.europa.eu/consumers/odr
Our e-mail address is: info@vickys-nylons.de

The General Consumer Arbitration Board (from 01.01.2020: the Universal Arbitration Board) of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible

(7) All further information about our company, the offer and the processing of the purchase can be found on our website.

6. information on electronic commerce

(1) Technical steps to conclude the contract

See the explanations in section 2 of our GTC.

(2) Contract text storage / printout

The customer can save the text of the contract by using the “Save as” function of their browser to save the relevant website on their computer. They can also print out the text of the contract using their browser’s print function. We ourselves save the contract texts and make them available to the customer by email or post on request.

(3) Possibility of correction

The customer can correct their entries at any time during the order process by selecting the “Back” button in the browser and then making the corresponding change. The customer can cancel the entire order process at any time by closing the web browser. Furthermore, the order overview also offers an additional correction option before sending the online order, which is pointed out to the customer.

(4) Language

The language available for the conclusion of the contract is exclusively German.

(5) Code of Conduct

We have not subjected ourselves to any special code of conduct (set of rules).

7. warranty

There is a statutory right of liability for defects for goods. The warranty for defects in the goods is 24 months for new goods in accordance with the statutory regulation.

The warranty period for used goods is 12 months. The warranty period begins from the time the goods are handed over to the buyer.

However, the regular limitation period of 3 years remains, beginning at the end of the year in which the claim was filed:

1. the claim has arisen and
2. the creditor becomes aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence,

– in the case of liability for damages resulting from injury to life, body or health, which are based on a negligent or intentional breach of duty committed by me or an intentional or negligent breach of duty committed by one of my vicarious agents, or

– if the liability for other damages is based on an intentional or grossly negligent breach of duty committed by me or on an intentional or grossly negligent breach of duty committed by one of my vicarious agents or

– when it comes to liability for fraudulently concealed defects, claims arising from warranty promises or liability under mandatory statutory provisions, e.g. under the Product Liability Act.

The two-year limitation period for recourse claims in accordance with §§ 478, 479 BGB remains unaffected.

The warranty does not cover normal wear and tear.

8. reservation of title

(1) We reserve title to the delivered item until receipt of all payments from the purchase contract. If the buyer does not fulfill his contractual obligations, in particular in the event of default of payment, we are entitled to demand the return of the delivered item; in this case, the buyer is obliged to surrender the item.

(2) The buyer is obliged to inform us immediately in the event of seizure of the object of purchase or other related access or attempted access by third parties to the object of purchase so that we can exercise our rights arising from the retention of title.

9. note on the Battery Act (BattG)

If the offer includes rechargeable or non-rechargeable batteries, you are legally obliged to dispose of used batteries separately. Please hand them in at a municipal collection point or at your local retailer. Batteries and rechargeable batteries that you have received from us can be returned to us free of charge. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out dustbin and the chemical symbol of the respective harmful substance (e.g. “Cd” for cadmium, “Pb” for lead, “Hg” for mercury and “Cm” for curium). You will also find this information again in the documents accompanying the consignment.

10. transportation damage

(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty claims. However, you will help us to assert our own claims against the carrier or the transport insurer.

11. data protection

(1) All personal customer data collected and stored by us is used exclusively for the purpose of processing the contract. The customer’s first name and surname, the associated billing and delivery address as well as any stored telephone number and email address are stored. The data collected will not be passed on to other third parties, with the exception of legally necessary measures (e.g. debt collection agency, lawyer, credit agencies) and measures relating to the transportation of goods, including shipment tracking.

(2) The customer has the right to free information, correction, blocking and deletion of his stored data at any time.

12. copyright notice

The photos and texts published on our website are protected by copyright. Unauthorized copying and publication of these (even in part) will be prosecuted under criminal and civil law in accordance with § 97 UrhG.

13. severability clause

Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions.

Reference to participation in the Landbell AG exemption system

“With regard to the sales packaging filled with goods for the first time by us and delivered to private end consumers, our company has joined the nationwide take-back system of Landbell AG, Mainz, (customer number: 4206751) to ensure compliance with our legal obligations under § 6 VerpackV. Further information can be found at www.landbell.de”

Memmingen, October 24, 2016
Cancellation policy

14. right of withdrawal

As a consumer, you have the right to withdraw from 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, took possession of the goods.

To exercise your right of withdrawal, you must send us

Robert Hannaby, Robert Hannaby, Victoriya Galanova GbR – ‘Vickys-Nylons’
Am Schlosshang 3
87700 Memmingen

VAT DE314544191

+49 8331 8335995
Info@vickys-nylons.de

notification of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery (including any 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct 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 checking their condition, properties and functionality.

Please follow the link below to the withdrawal form:

Downloads/Withdrawal form.pdf