TUI BLUE Onlineshop B2C
General Conditions of Use of VERTICAS Service GmbH, Schöne Aussicht 59, 65193 Wiesbaden.
1. Scope of application
These General Terms and Conditions apply exclusively to all contracts concluded between VERTICAS Service GmbH (hereinafter "VERTICAS") and the customer group of TUI BLUE (hereinafter referred to as the customer). The TUI BLUE customer group includes all customers who have access to the online shop of TUI BLUE through a technical access (ID & password). Only the TUI BLUE is responsible for granting access rights.
2. Conclusion of contract
The purchase contract is concluded by VERTICAS Service GmbH.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. By clicking the order button, you place a binding order of the goods contained in the shopping basket. The confirmation of the receipt of your order is made by e-mail immediately after sending the order and does not constitute a contract acceptance. We can accept your order by sending a declaration of acceptance in separate e-mail or by delivery of the goods within 2 days.
2.1 Ordering and delivery
Your order will be triggered by you when you activate the "Confirm - Buy Now" button in the dialog box. Up to this point, you can correct or delete all information and goods in the basket. We confirm the receipt of your order by an automatically generated e-mail. This mail is not equivalent to any delivery or order confirmation by VERTICAS Service GmbH. A purchase contract is concluded only by an express declaration of acceptance or by the delivery of the goods by VERTICAS Service GmbH. In the automatically generated e-mail, your order data, our terms and conditions as well as your information will be sent to the right of cancellation.
If the goods ordered by you are not available, we can not accept a declaration of acceptance, a contract does not come about in such cases. We will notify you immediately and will refund any payments already received. In such cases VERTICAS Service GmbH is not obliged to deliver, but reserves the right to provide a service equivalent in quality and price.
The mentioned delivery dates are always non-binding, unless these have been confirmed in writing as binding. Compensation for late delivery is excluded in all cases, unless intent or gross negligence exists.
DPD performs a simple delivery attempt.
The goods shall be dispatched on account of the customer under the conditions of § 3 in the territory of the Federal Republic of Germany. For deliveries in EU countries, delivery surcharges may apply, which vary from country to country. In the case of shipment to non-EU countries, import customs clearance is the responsibility of the consignee. Verticas ensures proper export documentation. The resulting expense for an export declaration from a value of goods of 1,000.00 EUR or a weight of 1,000 kg is displayed to the customer during the order completion and confirmed by clicking on the "continue" button. If an export declaration is required for non-EU shipments, a fee of 80.00 EUR will be subsequently invoiced to the customer. If the value of the goods exceeds 3,000 EUR, the export declaration must be cleared in advance in the so-called two-stage export procedure by the locally competent internal customs office (export customs office). The fee of 125.00 EUR will also be invoiced separately to the customer.
3. Prices, terms of payment
3.1. The Bruttopreise and the shipping and packaging costs flat rate of currently 6,25 EUR gross (within Germany) per package up to 20 kg apply.
3.2. The payment of the ordered goods is made according to the method of payment stated on the order. The delivery is exclusively to a delivery address indicated by the customer. In the case of deliveries abroad, other shipping costs apply which differ according to country groups. We reserve the right not to deliver certain articles abroad or to certain countries. We offer the following payment methods:
- Credit card
The minimum order value for goods is EUR 20.00 plus the currently valid shipping and packaging costs.
The purchase price is always due immediately.
3.3. The payment terms are immediately against credit card or PayPal without any deduction.
If, in the case of payment by bank account, due to incorrect entry of the data or inconsistency by the customer, a return lettering including the fee of the credit institution should arise, Vertica's service reserves the further charge of this fee to the customer.
3.4. In the event that VERTICAS Service GmbH becomes aware of circumstances which imply impairment of the customer's creditworthiness or insolvency, further deliveries may be made subject to an advance payment of the remuneration.
4. Right of revocation
If you are a consumer (ie, according to the legal definition in §13 BGB, a natural person who makes the order for a purpose that can not be predominantly attributed to her commercial or self-employed occupation), you are entitled to a right of revocation to.
In the following, you will receive an indication of the prerequisites and consequences of the statutory right of revocation for shipping and orders as consumers.
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You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate who is not the carrier who has or has taken possession of the goods; Or in the case of partial deliveries, the last transmission or the last piece.
To exercise your right of revocation, you must:
Verticas Service GmbH
Beautiful view 59
65193 Location: Wiesbaden
Fax: 0611 98625-97
By means of a clear statement (for example, a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. If you use this option, we will immediately send you a confirmation (eg by e-mail) of the receipt of such a revocation.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same payment you used in the original transaction, unless you have explicitly agreed otherwise with you, in no case will you be charged for these repayment fees.
We can refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the period of 14 days.
We will bear the cost of returning the goods which can be packaged, unless the goods can not be returned by post or the price of the item to be returned falls below € 40. Then bear the immediate cost of the return.
They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
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Click here for the revocation form: Download
The statutory warranty claims exist for all offered articles.
6. Proprietary reservation
Until full payment, the goods remain the property of VERTICAS Service GmbH.
8. Severability clause, jurisdiction, other
8.1. Should individual provisions of these General Terms and Conditions of Business be or become invalid, the effectiveness of the contract or the General Terms and Conditions of Business shall remain unaffected.
8.2. German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the provisions of German law relating to collision law.
8.3. If the customer is a merchant, Wiesbaden is considered a court of jurisdiction. VERTICAS Service GmbH is entitled to sue the customer at its general court.
8.4. Subsidiary agreements, amendments or additions to the contract, including the abolition of this clause, require the written form.
9. Conciliation procedure of the EU Commission
Click here to get to the EU Commission: http://ec.europa.eu/consumers/odr/