General terms and conditions
Contractual terms in the context of purchase agreements concluded via the platform abolengo-alpaka.de/shop between
Dorma Vita Näsemann oHG, Beatrix Näsemann, (hereinafter referred to as “Dorma Vita”), Aldenhövel 41, 59348 Lüdinghausen, entered in the Commercial Register of the Local Court of Coesfeld with HRA 6151, VAT Identification No.: DE 169761838 – hereinafter referred to as “Dorma Vita” – and the respective Buyer specified in No. 2 of this contract – hereinafter referred to as “customer”.
1. Scope, Definitions
(1) For the business relationship between Dorma Vita and the customer (hereinafter referred to as “customer”), the following General Terms and Conditions apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless Dorma Vita expressly agrees to their validity.
(2) The customer is a consumer as long as the purpose of the ordered deliveries and performances cannot be linked to a commercial activity or to an activity of an independent entity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his or her commercial or self-employed professional activity. A partnership with the legal capacity to conclude legal transactions is a partnership capable of acquiring rights and incurring obligations.
2. Conclusion of contract
(1) The customer can select products from the product range of Dorma Vita, in particular alpaca goods, such as socks, hats, as well as home textiles and bedding and collect them via the button “add to cart” in a so-called shopping cart. Via the button “order with costs” he makes a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change, delete and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms of contract by confirming the check box “terms and conditions read and accepted” and thereby included in his application.
(2) Dorma Vitathen sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and the customer can print out the function “Print”. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded by the submission of the declaration of acceptance by Dorma Vita, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, GTC and order confirmation) will be sent to the customer by Dorma Vita on durable media (e-mail) (contract confirmation). The text of the contract will be stored in compliance with data protection.
(3) The language of the contract is German.
3. Delivery, availability of goods
(1) Delivery times stated by Dorma Vita are calculated from the time of order confirmation. If no delivery time or no different delivery time is stated for the respective goods in the Dorma Vita online shop, the delivery time for Germany is usually 2-3 working days, for the EU and Switzerland 3-5 working days and for the remaining countries 7-10 days.
(2) If one of the ordered goods is temporarily unavailable, Dorma Vita will inform the customer immediately in the confirmation of order. If the product is permanently unavailable, Dorma Vita will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, Dorma Vita will also inform the customer of this immediately via e-mail.
(4) The following delivery restrictions apply: Dorma Vita only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, Switzerland, the Member States of the European Union, Norway, and the United States of America.
4. Product pictures
The product images shown on our website are only similar images for the product offered.
5. Retention of title
(1) The delivered goods remain the property of Dorma Vita until full payment has been received.
(2) The following applies to customers who are entrepreneurs:
(a) Dorma Vita reserves title to the goods (reserved goods) until receipt of all payments from the business relationship with the customer.
(b) If the customer does not satisfy his payment obligation despite a reminder with deadline, then Dorma Vita may demand the return of the goods of which it has retained ownership without first setting a deadline. The cost of shipment are to be borne by the customer. If Dorma Vita takes back the reserved goods, this constitutes withdrawal from the contract. Dorma Vita is entitled to utilize the reserved goods after taking them back.
The revenue from its disposal will be deducted from the liabilities of the customer – minus appropriate disposal costs.
c) The customer is required to inform Dorma Vita immediately and in writing of all access to the goods/her property by third parties, in particular of enforcement measures, as well as any damage or destruction of the goods. The customer must compensate Dorma Vita for all damages and costs arising from a breach of this obligation and necessary intervention measures against access by third parties, in particular an action under § 771 ZPO.
(d) The costumer is entitled to resell the reserved goods properly in business transactions.
However, the customer assigns to Dorma Vita the claims in the amount of the final invoice amount agreed with it (including value-added tax) that accrue to it against its customers or other third parties from the resale of the reserved goods; this transfer applies irrespective of whether the purchased goods are resold before or after processing. The customer is authorized to collect these claims after their assignment. The authority of Dorma Vita to collect the claims ourselves remains unaffected by this. However, Dorma Vita will not make use of this authority as long as the customer meets his payment obligations. If the customer is in default of payment or has filed an application for the opening of insolvency proceedings or has suspended payments, Dorma Vita may demand that the customer discloses the assigned claims and their debtors, that the debtors be informed of the assignment by the customer and that the customer provide her with all documents and information necessary for collection and enforcement.
(e) The processing or transformation of the purchased goods by the customershall in any case be carried on behalf of Dorma Vita. If the purchased goods are processed with other items not belonging to Dorma Vita, Dorma Vita shall acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including value added tax) to the other processed items at the time of processing. The same shall apply to the new item resulting from processing as to the goods subject to retention of title.
(f) In the event of inseparable mixing of the reserved goods with other items not belonging to Dorma Vita, the latter shall acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including value added tax) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the main item, it shall be deemed agreed that the customer shall transfer proportionate co-ownership to Dorma Vita. If the costumer’s item is to be regarded as the main item as a result of the mixing, it shall be deemed agreed that the customer shall transfer to Dorma Vita pro rata co-ownership of this item. The customer shall keep the sole ownership or co-ownership thus created on behalf of Dorma Vita.
(g) The customer undertakes to release the securities to which it is entitled at the request of Dorma Vita to the extent that the realisable value of its securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is at the discretion of Dorma Vita.
6. Prices and shipping costs
(1) All prices stated are inclusive of the applicable statutory sales tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises his right of revocation. From an order value of 30 EUR Dorma Vita delivers free of shipping costs to the customer in Germany.
(3) The shipment is usually carried out by DHL or DPD. The shipping risk is borne by Dorma Vita if the customer is a consumer.
(4) Dorma Vita insures all deliveries to the value of the goods. This does not result in any additional costs for the customer.
(5) In the event of revocation, the customer must bear the direct costs of the return shipment.
7. Terms of payment
(1) The customer can make the paymenton account, by advance payment, by immediate bank transfer, via PayPal, creditcard via a PayPal Service or direct transfer via a Pay Pal service.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due for purchase on account no later than 30 days after the invoice date.
(4) In the event where a delay in payment was caused by the customer, the legal regulations shall apply. According to § 288 BGB, the interest rate for a consumer is 5 percentage points above the base rate per annum and for an entrepreneur 9 percentage points above the base rate per annum.
(5) The obligation of the customer to pay interest on arrears shall not exclude the possibility of asserting a claim for further damages by Dorma Vita.
(6) The customer shall only be entitled to offsetting rights, unless it concerns counterclaims arising from the same contractual relationship,if his counterclaims are declared legally, are undisputed or are recognized by Dorma Vita.
(7) If the customer is an entrepreneur, he is not entitled to rights of retention, unless it concerns counterclaims from the same contractual relationship, if his asserted counterclaims are disputed by Dorma Vita, if they are not legally established or ready for decision.
(8) After dispatch of the goods, the buyer shall receive an invoice to the invoice address stated in the order. It is the buyer’s responsibility to check the correctness and completeness of all data provided before sending the order. A claim for subsequent correction of the invoice exists only if the invoice data do not match the data in the order. A subsequent change of the invoice addressee going beyond that, for example from a private to a business buyer or vice versa, does not take place.
8. Warranty for material defects, guarantee
(1) Dorma Vita is responsible for material defects according to German law, in particular §§ 434 (and following) of the German Civil Code (BGB). With respect to entrepreneurs, claims against material defects for items delivered by Dorma Vita expire twelve months after delivery.
(2) A additional guarantee for the goods delivered by Dorma Vita is granted only if it has been specifically stated in the respective confirmation for each article.
(1) Customer claims for compensation are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or from violating essential obligations of the contract (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, Dorma Vita is only liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies if Dorma Vita and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
10. Revocation instruction
(1) When concluding a distance selling transaction, consumers generally have a legal right of revocation, about which Dorma Vita provides information below in accordance with the legal model. The exceptions to the right of revocation are regulated in paragraph (2). Paragraph (3) contains a sample revocation form.
Right of withdrawal
You may revoke your contractual declaration within a period of fourteen days without stating reasons.
The period of revocation amounts to fourteen days starting the day of the receipt of the goods by the recipient or a by third party named by you, who is not the carrier.
To exercise your right of revocation you must inform us (Dorma Vita Näsemann oHG, Aldenhövel 41, 59348 Lüdinghausen +49(0)2591-9477903) by means of a clear explanation (e. g. a letter send by mail, fax or e-mail) of your decision to withdraw from this contract. For this you can use the model withdrawal form given below, which is however not mandatory.
In order to safeguard the right of withdrawal it is sufficient for you to send the notice on the right withdrawal before the of the period of revocation deadline.
Consequences of revocation
If you withdraw from this contract, we return you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that least expensive type of standard delivery offered by us), and must be repaid immediately at the latest within fourteen days from the date on which we receive the withdrawal notice of this contract. For this repayment, we use the same method of payment that you used for the initial transaction, unless explicitly agreed otherwise with you; under no circumstances you will be charged fees for this repayment.
We may withhold the reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, depending on which is the earlier.
You have to return or to hand over us the goods immediately and in any event not later than fourteen days from the date on which you notify us of the withdrawal of this contract. The deadline is met if you send back the goods before the period of fourteen days.
You bear the direct costs of returning the goods.
You only need to pay for any diminished value of the goods, if the deterioration in value is due to a not necessary handling to ascertain the nature, characteristics and functioning of the goods.
(2) The right of withdrawal does not apply to contracts
– for delivery of goods, that are not prefabricated and for their production a individual selection or specification through the consumer is significant or that are clearly tailored to the personal requirements of the consumer,
– for delivery of goods, that are perishable or their use-by date is quickly exceeded,
– for delivery of sealed goods, which are not suitable for return because of health protection or hygiene if there sealing has been removed after the delivery,
– for delivery of goods that have due to their quality been inseparably mixed after the delivery with other goods,
– for delivery of alcoholic drinks, whose price was determined on the conclusion of the contract, and that can be delivered earliest 30 days after conclusion of the contract and their current value is subject to fluctuation on the market on which the contractor has no influence,
– for delivery of sound or video recordings or computer software in a sealed package, in case the sealing has been removed after the delivery,
– for delivery of newsletters and magazines with the exception of subscriber agreements.
(3) Dorma Vita informs about the sample revocation form according to the legal regulations as follows:
Sample withdrawal form
(Complete and return this form if you wish to withdraw from the contract)
– To: Dorma Vita Näsemann oHG, Beatrix Näsemann, Aldenhövel 41, 59348 Lüdinghausen (Germany), Phone: +49 (0)2591 / 9477903, Fax: +49 (0)2591 / 9477904, E-Mail: email@example.com
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name(s) of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
11. Additional information for consumers concerning distance contracts as well as customer information for e-commerce contracts
(1) We are not subject to special codes of conduct.
(2) Any transmission or input errors can be checked by reading the data entered before completing your order and, if necessary, amended or deleted.
(3) The essential characteristics of the goods offered by Dorma Vita as well as the validity period of limited offers can be found by the customer in the individual product descriptions within the framework of the internet offer.
(4) The customer may submit complaints and warranty claims at the address given in the provider identification, by fax or e-mail.
(5) For security reasons, the customer, as a non-registered customer, can no longer view the order data via the internet after completion of the purchase. Customers who are registered with a customer account have the possibility to view their previous orders under the menu item “my account” in the “orders” section.
(6) Complaint procedure via the platform of the EU Commission regarding online dispute resolution: Consumers have the possibility of bringing about an extrajudicial settlement of disputes via this link to the European platform regarding online dispute resolution. We are neither willing nor obliged to participate in dispute resolution procedures in front a consumer arbitration board.
12. Final provisions
(1) Contracts between Dorma Vita and its customers shall be governed by the law of the Federal Republic of Germany, with the UN Sales Convention being excluded.The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Dorma Vita is the domicile of Dorma Vita.
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract will become invalid as a whole.