Terms and Conditions

1 scope

1. The following general terms and conditions apply to all orders via our online shop in the version valid at the time of the order. Our offers in the online shop are aimed exclusively at customers (in the sense of § 13 BGB). If you are an entrepreneur (in the sense of § 14 BGB) please contact us via mail@vanook.com.
2. The contract is concluded in German only if the order is placed on the German website vanook.de. If you order via vanook.com, the contract is concluded in English only. If you order via vanook.de, the German terms and conditions apply; When ordering via vanook.com, the terms and conditions in English are authoritative.

2 conclusion of contract

1. Our product presentation in the web shop is not a binding offer, but is only a non-binding invitation to order goods from us.
2. A contract is concluded when we accept your order by means of a declaration of acceptance. The statutory regulation applies to the time commitment to your order (Section 147 (2) BGB).
3.  By placing and submitting an order using the “order with payment” button, the customer makes a binding offer to purchase the relevant product in the shopping cart and to conclude a purchase contract. The customer will receive an email immediately after receiving the order.
4. The order takes place in the following steps:

• • Selection of the desired goods in the desired color
  • Confirmation by clicking the button “add to cart”
  • Check the information in the shopping cart
  • Pressing the “checkout” button
  • Entry of personal data (name, address, email address, delivery address)
  • Check again and possibility to correct the entered data
  • Check the button “I accept the terms and conditions and have read the privacy policy”
  • Binding dispatch of the order via the button “liable to pay to order“

3 discount vouchers

1. You will occasionally receive discount vouchers for purchases in our online shop. The discount vouchers are a voluntary service and are generally valid indefinitely, unless the respective voucher shows a certain period of validity.
2. Discount vouchers can only be redeemed directly when ordering. Subsequent redemption is not possible.
3. Only one voucher can be redeemed per order.
4. Discount vouchers cannot be combined with other voucher promotions.

4 prices, shipping and packaging costs

1. When ordering, the prices shown in our web shop apply. All prices in our online shop are gross prices including statutory sales tax plus applicable postage and shipping costs.
2. There are no postage and shipping costs for deliveries within Germany. Shipping costs within the European Union amount to a flat rate of 12 euros. We charge 54 euros for international shipping. The shipping costs will be clearly communicated to you in the shopping cart and on the order page.
3. If necessary, the customer has to bear any customs duties and taxes.

5 method of payment, due date and offset

1. The delivery of goods takes place exclusively against prepayment (by bank transfer) or via PayPal.
2. If the customer has chosen payment in advance, he undertakes to pay the purchase price immediately after the contract is concluded. The goods will only be delivered upon receipt of the full invoice amount.
3. If you are in arrears with the payment, we reserve the right to charge you a reminder fee of EUR 5. In the event of late payment, you undertake to reimburse all costs, expenses and cash expenses incurred by us in pursuing our claims. Without prejudice to a procedural cost reimbursement obligation, this also includes all extrajudicial costs of a commissioned collection agency or lawyer.
4. The customer is not entitled to a right of set-off or retention unless the counterclaim is undisputed or legally established. However, the limitation of offsetting does not apply if a claim is to be offset against a claim that originates from the same contract as VANOOK’s claim, i. H. which is in a reciprocal relationship (for example, offsetting a claim for damages due to defective delivery against the purchase price claim for the same).

6 availability, delivery dates, reservation in the event of unavailability

1. In the event that our supplier does not deliver goods to us that were marked as “not in stock” on the offer page in the web shop when the order was placed or had already been sold, the otherwise applicable deadline will be extended until delivery by ours Suppliers plus a further two working days, however for a maximum of three weeks. A prerequisite for this extension of the deadline is that we immediately reorder the goods and that we are not responsible for the delay in delivery by our supplier.
2. Our usual delivery time within Germany is 3 – 5 working days, within Europe 5 – 7 working days and for international deliveries 14 working days. Working days are not Saturday, Sunday and all public holidays.
3. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (unavailability of the service), we will inform the buyer immediately and, at the same time, notify the expected new delivery deadline.
4. If the goods are not available within the new delivery period, VANOOK is entitled to withdraw from the contract in whole or in part; Any consideration already paid by the customer will be reimbursed immediately. The case of non-availability of the service in this sense is in particular the late delivery by suppliers, if neither VANOOK nor the suppliers are at fault or VANOOK is not obliged to procure them in individual cases.
5. We are entitled to partial deliveries of separately usable products recorded in an order, whereby we bear the additional shipping costs caused by this.
6. If goods are delivered with obvious damage to the packaging or the content, the customer must, without prejudice to his warranty rights, immediately complain to the relevant delivery agent and refuse acceptance, and immediately contact the online store by email or post, so that VANOOK has any rights can protect the sender.

7 right of withdrawal

1. As a consumer i. S. v. Section 13 of the German Civil Code (BGB) entitles you to a right of withdrawal. You have the right to cancel the contract within fourteen days without giving any reason. Sending the revocation in time is sufficient for the Dead

Right of withdrawal

(1) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.

The right of withdrawal is fourteen days from the day on which you or a third party named by you, who is not the carrier is in possession of the last item.

In order to exercise your right of withdrawal, you must inform us,

VANOOK – Wagner Weimann GbR
Agilolfingerplatz 5, 81543 München
Email: mail@vanook.com

inform you of your decision to cancel this contract by means of a clear statement (e.g. letter sent by post, email). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient if you send the message about the exercise of the right of cancellation before the cancellation period expires.

(2) Consequences of cancellation

If you cancel this contract, we will have all payments that we have received from you, including delivery costs (except for the additional costs that result from the fact that you chose a different type of delivery than the standard delivery we offer) , to be repaid immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For the repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
Goods that are ready to be sent as parcels must be returned or handed over to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods ready for parcel dispatch before the period of fourteen days has expired.

The buyer bears the costs of the return.

You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.

End of revocation

2.The right of withdrawal for orders does not exist, in particular in accordance with Section 312g (2) No. 1 BGB for deliveries of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that is clearly tailored to the personal needs of the consumer are.

8 material and legal defects

If the delivered goods are defective in terms of quality or title, you are generally entitled to all rights under the statutory provisions. However, the exclusions and restrictions listed in § 9 apply to claims for damages or claims for replacement of unsuccessful applications.

9 liability

1.  We are only liable for damages – for whatever legal reason and including liability for legal representatives or vicarious agents – in the event of intent and gross negligence.
2.  In the event of simple negligence, we are only liable:
   1. for damage from injury to life, limb or health,
   2. for damages from the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly trusts and may rely) in this case our liability is limited to the replacement of the foreseeable, typically occurring damage.
3. The limitations of liability resulting from the above do not apply insofar as we have maliciously concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to your claims under the Product Liability Act.

10 data protection

1.  We are permitted to process and store data relating to the respective purchase contracts, insofar as this is necessary for the execution and processing of the purchase contract and as long as VANOOK is obliged to store this data due to legal provisions.
2. You can find our privacy policy at policy

 11 complaints and disputes (VSBG)

The EU Commission provides an internet platform for out-of-court dispute resolution, which can be reached via the following link: http://ec.europa.eu/costumers/odr./

Consumers have the opportunity to resolve disputes related to online orders there.

We are generally prepared to participate in a free, out-of-court dispute settlement procedure before a recognized consumer arbitration board. If no agreement is reached there, the customer has the right to take legal action.

The federal universal arbitration board at the Center for Arbitration e.V., Straßburger Strasse 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de is responsible.

12 copyrights

The content and structure of our website are protected by copyright. All text, images and graphics are subject to copyright, trademark law and other laws protecting intellectual property. A copy or other use for purposes other than private use or for the transfer, other publication, duplication and distribution, whether in original or modified form and in any medium, or such use on other websites is prohibited without the prior express written consent of VANOOK.

13 final provisions

The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

14 Informationen zum Unternehmen

VANOOK – Wagner Weimann GbR,
Agilolfingerplatz 5
81543 München, Germany
represented by Veronika Wagner und Svenja Weimann
Ust-ID: DE296111381
phone: +49 89 33 98 08 24
mail: mail@vanook.com

These general terms and conditions are based on German law.

Model withdrawal form according to § 246a § 1 Paragraph 2 Clause 1 No. 1 and § 2 Paragraph 2 No. 2 EGBGB