General Terms
§1 Scope, definitions
(1) The following Terms & Conditions shall exclusively apply to the business relationship between the operator of the online shop (hereinafter referred to as the "Operator") and the customer (hereinafter referred to as the "Customer") in their current valid version at the time an order is placed. Deviating Terms & Conditions of the Customer shall not be recognised unless the Operator expressly confirms their application in writing.
(2) The Customer is a consumer if the purpose of the goods and services ordered cannot be attributed to the exercise of its trade, business or profession. On the contrary a company is any natural or legal person or a partnership with legal personality who or which, when concluding the contract, acts in exercise of its trade, business or profession.
(3) The contractual partner for all orders as part of this online contract is Victorious Merch GmbH, Schulstr. 11, 73084 Salach, Germany.
§2 Conclusion of the contract
(1) The Customer may select from the Operator's range of products, in particular merchandise such as clothing and place this in the basket by clicking on the "add to basket" button. Clicking on the "place a binding order" button results in a legally binding offer to pay for the goods in the basket. The Customer may view and alter the information at any time before submitting the order. The offer may, however, only be submitted and transferred if the Customer has clicked on the "Accept T&Cs" button to accept these Terms & Conditions and has thereby incorporated them into its offer.
(2) As a result the Operator shall send the Customer an order confirmation by email, in which the Customer's order is again listed and which can be printed out by the Customer using the print function. The order confirmation serves as acceptance of the offer.
§3 Delivery, availability of goods
(1) If no deviating delivery dates are stated, delivery shall take place up to 6 working days from the date of the order confirmation; for goods which are not ready-made and an individual selection or determination is required to be made by the consumer for their manufacture, or which are to be uniquely tailored to the consumer's personal requirements, delivery shall take place up to 12 days from the date of the order confirmation.
(2) The Operator shall immediately inform the Customer if any of the goods ordered by the Customer are out of stock at the time the order was placed. If the product is permanently unavailable the parties shall be entitled to rescind the contract. In this case the Operator shall immediately refund any payments already made to the Customer.
(3) If the product ordered by the Customer is only temporarily unavailable the Operator shall likewise immediately inform the Customer thereof. In the event of a delay in delivery of more than two weeks the Customer shall have the right to rescind the contract. In addition the Operator shall also be entitled to rescind the contract. The Operator shall then immediately refund any payments already made to the Customer.
§4 Retention of title
The Operator shall retain title to the delivered goods until payment has been made in full.
§5 Prices and delivery costs
(1) The purchase prices stated on the Operator's website include statutory VAT. The following postage and packing charges shall apply per order from Salach in addition to the prices stated on the website:
DHL:
German orders are usually shipped with DHL.
Foreign orders are shipped as Warenpost International Tracked/DHL Paket International.
(2) The respective postage and packing charges are calculated for the Customer in the shopping cart and shall be borne by the Customer, provided the Customer does not exercise its right of cancellation.
(3) Goods shall be sent by post. The Operator shall bear the shipping risk if the Customer is a consumer.
(4) In the event of cancellation the Operator shall bear the costs of returning the goods.
§6 Payment terms
(1) The Customer may pay for the order by bank transfer and PayPal and Credit card.
(2) The Customer may change the payment type saved in its user account at any time.
(3) The purchase price shall be due for payment immediately after the conclusion of the contract. If the due date for payment has been specified with reference to the calendar, the Customer shall immediately enter into default if this deadline is not adhered to. In this case the Customer shall pay the Operator default interest in the amount of 5 percentage points over the base rate.
(4) The Customer's obligation to pay default interest shall not exclude the assertion of further claims for compensation of additional losses caused by the delay by the Operator.
§7 Material defect warranty, guarantee
(1) The Operator shall be liable for material defects in accordance with the applicable statutory provisions, in particular section 434 ff German Civil Code (BGB). The guarantee obligation towards companies for items supplied by the Operator shall be 12 months.
(2) An additional guarantee shall only arise with respect to the goods supplied by the Operator if this was expressly stated in the order confirmation of the respective item.
§8 Liability
(1) All claims of the Customer for damages shall be excluded, except for claims of the Customer for damages resulting from injury to life, body or health, or from the breach of fundamental contractual obligations (cardinal obligations), and liability for any losses resulting from the breach of an obligation by the Operator, its statutory representatives or vicarious agents, as a result of an intentional act or omission, or gross negligence. Fundamental contractual obligations are those obligations the fulfilment of which is required to achieve the purpose of the contract.
(2) In the event of a breach of a fundamental contractual obligation the Operator shall only be liable for foreseeable losses typical for this type of contract if these were the result of simple negligence, unless this relates to claims of the Customer for damages resulting from injury to life, body or health.
(3) The restrictions in the above sections 8.1 and 8.2 shall also apply to the benefit of the Operator's statutory representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected by the foregoing.
§9 Right to cancel
If the Customer is a consumer the following right to cancel applies.
Right to cancel
You have the right to rescind this contract within fourteen days without giving any reason.
This time limit is fourteen days from the day on which you, or a third party stipulated by yourself who is not the carrier, had/has possession of the final goods.
In order to exercise your right to rescind the contract, you must send us
Victorious Merch GmbH
Schulstr. 11
D-73084 Salach
E-Mail-Adresse: info@victoriousmerch.de
Telefon: +49 (0) 7162 30 50 815
an unambiguous declaration (e.g. by letter sent by post, fax or email) regarding your intent to rescind this contract. You may use the sample cancellation form for this, but it is not mandatory to do so.
To ensure your right to rescind this contract it is sufficient for you to send your declaration regarding exercising your right to rescind this contract before expiry of the cancellation period.
Consequences of rescinding the contract
If you rescind this contract we shall repay all payments we have received from you, including delivery costs, (excluding any additional costs resulting from your choice of a different delivery method than the cheapest standard delivery offered by us) immediately and within fourteen days at the latest from the date on which we received your letter stating your intent to rescind the contract. You will be reimbursed using the same payment method used in the original transaction unless expressly agreed otherwise; in no circumstances will you be charged fees for this reimbursement. We may refuse to process the reimbursement until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earliest.
You must return the goods to us at
Victorious Merch GmbH
Schulstr. 11
D-73084 Salach
immediately, no later than within fourteen days from the day you informed us you wished to rescind the contract, or sent us your declaration to rescind the contract. This time limit is deemed to have been adhered to when you ship the goods before the expiry of fourteen days.
You shall bear the costs of returning the goods.
You must pay for any diminished value of the goods if this reduction in value results from your handling of the goods which was not necessary to inspect the condition, characteristics and functions of the goods.
***End of cancellation policy*
$10 Other information
The above right to cancel shall not apply:
(1) to contracts for the supply of goods which are not ready-made and an individual selection or determination is required to be made by the consumer for their manufacture, or which are to be uniquely tailored to the consumer's personal requirements.
2) if audio or video recordings, or computer software delivered in sealed packaging are unsealed by the Customer after delivery.
§11 Contractual language
The contractual language is English.
§12 Saving the text of the contract
The text of the contract is not saved by the Operator. The Customer can save the text of the contract by printing out the offer using the print function of the Operator or by printing out the offer in its browser. The Customer must itself bring about saving the text of the contract in a reproducible form (e.g. by taking screenshots of the respective offer or by saving the text of the contract in pdf format).
§13 Data processing
(1) The Operator shall collect data of the Customer in the process of executing the contract. The Operator shall, in particular, comply with the provisions of the German Data Protection Act [Bundesdatenschutzgesetz] and the German Telemedia Act [Telemediengesetz]. Without the consent of the Customer the Operator shall only collect, process or use inventory and usage data of the Customer to the extent this is required to fulfil the contractual relationship and for the usage and invoicing of telemedia.
(2) The Operator shall not use the Customer's data for the purposes of advertising, market research or opinion research without the consent of the Customer.
(3) The Customer shall have the opportunity to access its saved data by clicking on the "My Data" button in order to alter or delete it. In addition further information regarding data collection, processing and use, and the consent of the Customer can be found in the Data Protection Policy on the Operator's website which can be accessed at any time by clicking on the "Data Protection" button and is available in a printable format.
§14 Requirement to provide information under the Batteries Act [Batteriegesetz]
Some products sold by us, e.g. watches, are supplied with batteries. Batteries with the crossed out wheelie bin symbol should not be disposed of in normal household waste.
As final consumers, Customers are obligated by law to return all waste batteries and accumulators to public collection points or to where they were sold. The metal used in a battery can be determined by the chemical symbol shown on the battery:
"Cd = battery containing cadmium",
"Hg = battery containing mercury",
"Pb = battery containing lead".
Waste batteries can also be returned to
Victorious Merch
Schulstr. 11
D-73084 Salach
§15 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Operator and the Customer excluding the UN Convention on Contracts for the International Sale of Goods. In the event of orders from consumers outside of Germany, protection granted by the mandatory provisions or case law of the respective country remain unaffected and apply accordingly.
(2) If the Customer is a registered trader [Kaufmann], a legal person under public law, or a public law special fund or the Customer does not have a general place of jurisdiction in Germany, it is hereby agreed that the competent court at the place of the Operator's registered office shall have jurisdiction over all disputes resulting from the contractual relationship between the Customer and the Operator.
(3) In the event that individual provisions of the contract are legally invalid the remainder of the contract shall still be binding.
§16 Operator identification, address for service
The Operator's address for service is:
Victorious Merch GmbH
Schulstr. 11
D-73084 Salach
E-Mail-Adresse: info@victoriousmerch.de
Telefon: +49 (0) 7162 30 50 815
§17 Alternative dispute resolution according to the act of customer dispute resolution
We would like to point out that we are not willing and not obliged to participate in dispute resolution proceeding before a consumer arbitration service.
Sample cancellation form
If you wish to rescind the contract please fill in this form and return it to
Victorious Merch GmbH
Schulstr. 11
D-73084 Salach
E-Mail-Adresse: info@victoriousmerch.de
Telefon: +49 (0) 7162 30 50 815
I/we (*) hereby rescind the contract concluded by myself/us (*) for the purchase of the following goods/for the performance of the following services (*)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Order date (*) / Date received (*): _________________/___________________
Name(s) of the consumer _____________________________________
Address of the consumer _____________________________________
_____________________________________
________________________________________________________
Signature of the consumer (only required for paper forms)
Date: ______________________
(*) Delete as appropriate