General terms and conditions

1. Scope

1.1
We execute the buyer's order in accordance with our general terms and conditions ("GTC") that are valid at the time of the order. We do not accept any of our own terms and conditions. Deviating conditions are therefore contradicted as a precaution.

1.2
A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of the contract

2.1
The buyer concludes the contract with VelaMente e.K., Rothenbaumchaussee 17, 20148 Hamburg (more information can be found here).

2.2
The product descriptions contained by the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.3
The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.

2.4
The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

3. Right of withdrawal

3.1
Consumers generally have a right of withdrawal.

3.2
More detailed information on the right of cancellation can be found in the seller's cancellation policy.

3.3
The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4. Prices and terms of payment

4.1
Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise will be specified separately in the respective product description.

4.2
In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3
The payment option (s) will be communicated to the customer in the seller's online shop.

4.4
If you pay by credit card, your account will be debited when the goods are shipped. We accept VisaCard and MasterCard credit cards.

4.5
When paying in advance, shipping will only take place after receipt of payment on our account. However, if the purchase price is not credited to our account within seven (7) calendar days, we can withdraw from the contract. As far as we adhere to the purchase contract, the delivery times stated at the time of the order no longer apply. The day on which the purchase price is credited to our account is decisive for the calculation of the delivery times, insofar as the receipt of payment is important.

4.6
When paying by means of a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.

4.7
If you select the "SOFORT" payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.8
If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify") . The individual payment methods offered via Shopify are communicated to the customer in the seller's online shop. To process payments, Shopify can use other payment services, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.

4.9
We offer consumers purchase on account in cooperation with the Klarna payment service (www.klarna.de). Payment is to be made to Klarna. The customer receives the goods first and has a payment period of fourteen (14) days. The complete general terms and conditions of Klarna for purchase on account can be found under the Klarna GTC. We do not charge any additional fees when choosing this payment method.

5. Delivery and shipping conditions

5.1
The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2
Goods that are delivered by a forwarding agent are delivered "free curbside", i.e. up to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3
If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.

5.4
In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.

6. Retention of Title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7. Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8. Special conditions for the processing of goods according to certain specifications of the customer

8.1
If, according to the content of the contract, the seller owes the processing of the goods in addition to the delivery of the goods according to certain specifications of the customer, the customer must provide the operator with all the content required for processing such as texts, images or graphics in the file formats, formatting, image formats specified by the operator. and file sizes available and to grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content made available to the seller. In particular, he ensures that no third party rights are violated, in particular copyrights, trademarks and personal rights.

8.2
The customer exempts the seller from claims by third parties that they can assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.

8.3
The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against common decency. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, endangering youth and / or glorifies violence.

9. Special conditions for assembly / installation services

If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the assembly or installation of the goods to the customer and, if necessary, appropriate preparatory measures (e.g. installation), the following applies:

9.1
The seller provides his services at his own discretion or through qualified staff selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.

9.2
The customer has to provide the seller with the information necessary for the provision of the service owed completely and truthfully, insofar as its procurement does not fall within the seller's scope of duties according to the content of the contract.

9.3
After the conclusion of the contract, the seller will contact the customer in order to agree on an appointment for the service owed. The customer ensures that the seller or the personnel commissioned by him has access to the customer's facilities on the agreed date.

9.4
The risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer when the assembly work has been completed and the goods are handed over to the customer.

10. Special conditions for repair services

If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:

10.1
Repair services are provided at the seller's headquarters or, by agreement, at the buyer's headquarters.

10.2
The seller provides his services at his own discretion or through qualified staff selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.

10.3
The customer must provide the seller with all information necessary for the repair of the item, insofar as its procurement does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all the circumstances that could be the cause of the error found.

10.4
Unless otherwise agreed, the customer must send the item to be repaired to the seller's registered office at his own risk and expense. The seller recommends that the customer take out transport insurance. The seller also recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that he can assert his existing rights against the carrier.

10.5
The goods are returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.

10.6
The customer can also bring the item to be repaired to the seller's headquarters and pick it up again if this results from the seller's service description or if the parties have made a corresponding agreement on this. In this case, the above regulations on the assumption of costs and risk for dispatch and return of the item apply accordingly.

10.7
The aforementioned regulations do not limit the customer's statutory rights of defects in the event that goods are purchased from the seller.

10.8 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

11. Applicable Law

11.1
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11.2
Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12. Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

13. Alternative Dispute Resolution

13.1
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.