TERMS & CONDITIONS
Terms of contract within the scope of purchase contracts concluded via the
VB USA, LLC
3535 Military Trail, Suit 103,
Jupiter, FL 33458
– hereinafter referred to as the “Provider” –
the users of this platform designated in § 2 of these GTC – hereinafter
referred to as “customers/customers” – are concluded.
§ 1 Scope of application
For the business relationship between the provider and the customer, the
following General Terms and Conditions apply exclusively in their version
valid at the time of the order. Deviating conditions of the customer are not
recognized, unless the supplier agrees to their validity expressly in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the range of the supplier and
collect them in a so-called shopping basket via the “Add to shopping basket”
button. Via the button “Buy now” he submits a binding request to purchase
the goods in the shopping cart. Before sending the order, the customer can
change and view the data at any time.
(2) The supplier then sends the customer an automatic confirmation of receipt
with the subject “Confirmation of your order with Visionbody” by e-mail, in
which the customer’s order is listed again and which the customer can print
out using the “Print” function. The customer’s order (1) represents the offer to
conclude a contract with the respective contents of the shopping basket. The
confirmation of receipt (order confirmation) represents the acceptance of the
offer by the supplier. The content of the order is summarised in this
confirmation. In this e-mail or in a separate e-mail, but at the latest upon
delivery of the goods, the text of the contract (consisting of order, GTC and
order confirmation) will be sent to the customer by us on a permanent data
carrier (e-mail or paper printout). The text of the contract shall be stored in
compliance with data protection regulations.
(3) The contract is concluded in the languages: German § 3 Delivery, goods
§ 3 Delivery, availibilty of goods, terms of payment
(1) Delivery times stated by us are calculated from the date of our order
confirmation (§ 2 (2) of these GTC), prior payment of the purchase price
(2) If the product specified by the customer in the order is only temporarily
unavailable, the supplier will also inform the customer immediately. In the
event of a delay in delivery of more than two weeks, the customer has the
right to withdraw from the contract. In addition, in this case the provider is
also entitled to withdraw from the contract. In this case he will immediately
reimburse any payments already made by the customer.
(3) The following delivery restrictions exist: The supplier delivers only to
customers who have their usual residence (billing address) in one of the
following countries and can provide a delivery address in the same country:
USA, Belgium, Germany, France, Italy, Liechtenstein, Switzerland, Spain, Austria.
(4) The customer can make the payment by direct bank transfer, direct debit,
Giropay, Sofortüberweisung, credit card.
(5) Payment of the purchase price is due immediately upon conclusion of the
contract. If the due date of the payment is determined according to the
calendar, the customer is already in default by missing the date.
§ 4 Retension of title
Until the complete payment of the purchase price the delivered goods remain
the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website are inclusive of the applicable
statutory value-added 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 makes
use of any right of revocation.
(3) In the event of revocation, the customer shall bear the direct costs of the
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the
applicable statutory provisions, in particular §§ 434 ff. of the German Civil
Code (BGB). BGB. In the case of entrepreneurs, the warranty period for items
delivered by the provider is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are
claims for damages by the customer arising from injury to life, limb or health
or from the breach of essential contractual obligations (cardinal obligations)
as well as liability for other damages based on an intentional or grossly
negligent breach of duty by the provider, its legal representatives or vicarious
agents. Essential contractual obligations are those whose fulfilment is
necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider
shall only be liable for the foreseeable damage typical of the contract if this
was caused by simple negligence, unless it is a matter of the customer’s
claims for damages arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the
legal representatives and vicarious agents of the provider if claims are
asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Notes on data processing
(1) The provider collects customer data within the framework of the handling
of contracts. He observes in particular the regulations of the Federal Data
Protection Act and the Telemedia Act. Without the consent of the customer,
the provider will only collect, process or use the inventory and usage data of
the customer to the extent that this is necessary for the processing of the
contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the
customer’s data for advertising, market or opinion research purposes.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts
between the provider and the customer, excluding the UN Convention on
Contracts for the International Sale of Goods and international private law.
(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 the provider is the
registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual
points are legally ineffective. The ineffective points shall be replaced, if any,
by the statutory provisions. As far as this would represent an unreasonable
hardship for a contracting party, the contract as a whole becomes ineffective.