Vicky´s Nylons

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General Terms and Conditions

1. General

  1. These General Terms and Conditions (“Terms”) apply to all offers, sales and services provided through the website www.vickys-nylons.co.uk

  2. . Any reference by the customer to their own terms and conditions of business or purchase is expressly excluded and shall have no effect.

  3. Any individual contractual agreement made between the parties shall take precedence over these Terms.

2. Formation of the Contract

  1. The product descriptions on our website www.vickys-nylons.de do not constitute a binding offer to sell.
    A binding offer is made only when the customer places an order online, by telephone, or in writing.
    Our subsequent email acknowledging receipt of the order does not constitute acceptance of that order.
    A contract is formed only when we send an order confirmation to the customer.

If no order confirmation is sent within five calendar days of receiving the order, the customer is no longer bound by their offer.

  1. If an order confirmation is received late due to postal or electronic delay but was sent in good time, and the customer could reasonably have recognised this, they must notify us of the delay immediately upon receipt.
    If the customer fails to do so, the acceptance shall be deemed timely.
    In all other cases, a late acceptance shall be regarded as a new offer, which the customer may accept either expressly or by taking delivery of the goods.

 

3. Governing Law

The contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany.
This choice of law does not affect any mandatory consumer protection rights that apply in the country where the customer normally resides.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

4. Prices, Payment, Delivery and Shipping Costs

  1. All prices include value added tax (VAT) at the rate applicable on the date of the order.

  2. We offer the following payment methods for completed contracts:

    • For deliveries within Germany: prepayment via PayPal

    • For international deliveries: prepayment by bank transfer, PayPal, or credit card

    • Collection in person at our warehouse in Memmingen is possible by prior arrangement and cash payment.

  3. All items are available for worldwide delivery.

  4. Deliveries are made by DHL, Deutsche Post, or UPS.

  5. Shipping costs are shown under the ‘Shopping Basket’ button in the website’s navigation menu and in the respective product descriptions.

 

5. Distance Selling Information / Online Dispute Resolution (ODR) Platform

  1. Descriptions of our products and services can be found on our website www.vickys-nylons.de.

  2. Information on your statutory right to cancel as a consumer — including any exceptions, the possible expiry of this right, the cancellation form, and the consequences of cancellation (such as returns, costs, and refunds) — is available under the ‘Info’ menu item, sub-section ‘Terms and Conditions’.

  3. Delivery will normally be made within five working days (Monday to Friday, excluding public holidays) after payment has been received or, where applicable, after conclusion of the contract.

  4. We do not provide technical after-sales support or customer service beyond statutory obligations, and we do not offer any independent guarantees.

  5. We are not subject to any out-of-court complaints or arbitration procedures.

  6. Since 9 January 2016, Regulation (EU) No. 524/2013 on online dispute resolution in consumer matters (the ODR Regulation) has applied.
    This regulation provides a simple, efficient and cost-effective way for consumers and traders within the European Union to resolve disputes relating to online purchases.
    The use of the ODR platform is free of charge, although national ADR (alternative dispute resolution) bodies may charge up to €30 if a complaint is deemed abusive.

    Link to the European Commission’s ODR platform:
    www.ec.europa.eu/consumers/odr

    Our contact email: info@vickys-nylons.de

    The competent ADR body is the Allgemeine Verbraucherschlichtungsstelle (from 1 January 2020 the Universalschlichtungsstelle) at the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany — www.verbraucher-schlichter.de.

  7. Further information about our company, our products and the processing of orders can be found on our website.

6. Information on Electronic Commerce

  1. Technical steps for concluding a contract
    Please refer to section 2 of these Terms for details of how a contract is formed.

  2. Storage and access to contract terms
    Customers may save the contract terms by using the “Save as” function of their web browser or by printing the relevant web page.
    We store the text of the contract and can provide it to the customer on request by email or post.

  3. Correction of input errors
    During the ordering process, customers can correct any input errors at any time before submitting their order. This can be done by returning to the previous page using the browser’s “Back” button and amending the entered information.

  4. Contract language
    The contract shall be concluded exclusively in German.

  5. Code of conduct
    We are not subject to any specific code of conduct or professional code.

6. Informationen zum elektronischen Geschäftsverkehr

(1) Technische Schritte zum Vertragsschluss

Siehe dazu die die Erläuterungen in Ziffer 2 unserer AGB.

(2) Vertragstextspeicherung / Ausdruck

Der Kunde kann den Vertragstext abspeichern, indem er durch die Funktion seines Browsers “Speichern unter” die betreffende Internetseite auf seinem Computer sichert. Durch die Druckfunktion seines Browsers hat er zudem die Möglichkeit, den Vertragstext auszudrucken. Wir selbst speichern die Vertragstexte und machen dem Kunden diese auf Wunsch per Email oder per Post zugänglich.

(3) Korrekturmöglichkeit

Seine Eingaben kann der Kunde während des Bestellvorgangs jederzeit korrigieren, indem er den Button “Zurück” im Browser wählt und dann die entsprechende Änderung vornimmt. 

7. Warranty

There is a statutory right to claim for defects in goods supplied.
For new goods, the warranty period is 24 months in accordance with statutory provisions.
For used goods, the warranty period is 12 months.
The warranty period begins when the goods are handed over to the buyer.

However, the standard limitation period of three years remains in force, starting at the end of the year in which:

  1. the claim arose, and

  2. the customer became aware (or should reasonably have become aware) of the circumstances giving rise to the claim and the identity of the debtor.

The above does not affect liability:
– for injury to life, body or health caused by negligence or wilful misconduct on our part or that of our agents;
– for other damage resulting from intentional or grossly negligent breach of duty by us or our agents;
– for fraudulently concealed defects, warranty promises, or liability under mandatory statutory provisions such as the Product Liability Act.

The two-year limitation period for recourse claims under Sections 478 and 479 of the German Civil Code (BGB) remains unaffected.
The warranty does not cover normal wear and tear or age-related deterioration.

8. Retention of Title

  1. We retain ownership of all goods supplied until full payment of all amounts due under the purchase contract has been received.
    If the buyer fails to meet their contractual obligations — in particular by falling into arrears with payment — we are entitled to demand the return of the goods.
    In such a case, the buyer is obliged to return the goods to us.

  2. The buyer must notify us immediately of any seizure, attachment or other intervention by third parties relating to the goods, so that we can exercise our rights arising from the retention of title.

9. Note on the Battery Regulations (BattG)

If any of our products include batteries or rechargeable batteries, you are legally obliged to dispose of used batteries separately from household waste.
Please take them to a local collection point or retailer.
You may also return used batteries supplied by us free of charge.

Batteries that contain harmful substances are marked with the symbol of a crossed-out wheeled bin and the chemical symbols of the relevant harmful components (for example Cd for cadmium, Pb for lead, Hg for mercury, or Cm for curium).
This information can also be found in the documentation accompanying the goods.

10. Transport Damage

  1. If goods are delivered with visible transport damage, please report this immediately to the delivery agent and contact us as soon as possible.

  2. Failure to make such a report or contact us does not affect your statutory rights under the warranty.
    However, it helps us to pursue any claims we may have against the carrier or the transport insurance provider.

11. Data Protection

  1. All personal data collected and stored by us is used solely for the purpose of fulfilling and processing your order.
    We store the customer’s name, billing and delivery address, and—if provided—a telephone number and email address.
    Data will not be shared with third parties except where required by law (for example, with debt collection agencies, solicitors or credit reference agencies) or where necessary to arrange delivery and shipment tracking.

  2. Customers have the right at any time to request information, correction, restriction, or deletion of their stored data, free of charge.

  3. 12. Copyright Notice

    All photographs and texts published on our website are protected by copyright law.
    Unauthorised copying or reproduction, in whole or in part, is prohibited and will be pursued under both civil and criminal law in accordance with Section 97 of the German Copyright Act (UrhG).

13. Severability Clause

If any provision of this agreement, including these Terms and Conditions, is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.

Participation in the Landbell AG Recycling Scheme
With regard to sales packaging that we have filled with goods for the first time and supplied to private end users, our company participates in the nationwide take-back system operated by Landbell AG, Mainz (customer number: 4206751) in order to comply with our statutory obligations under Section 6 of the German Packaging Ordinance (VerpackV).
Further information is available at www.landbell.de.

Memmingen, 24 October 2016
Widerrufsbelehrung

14. Right to Cancel

As a consumer, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the day on which you, or a third party nominated by you (other than the carrier), take physical possession of the goods.

To exercise your right to cancel, you must inform us:

Robert Hannaby, Victoriya Galanova GbR – “Vicky’s Nylons”
Am Schlosshang 3
87700 Memmingen
Germany
VAT No.: DE314544191
Telephone: +49 8331 8335995
Email: info@vickys-nylons.de

You may notify us of your decision to cancel this contract by making a clear statement (for example, by letter sent by post or email).