Terms & Conditions

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Special Conditions for the Processing of Goods According to Customer Specifications
  10. Redemption of Gift Vouchers
  11. Applicable Law
  12. Place of Jurisdiction
  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Villental GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or business (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed. 1.2 These GTC shall also apply to contracts for the delivery of vouchers unless otherwise provided. 1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activities. 1.4 A business within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller but serve to provide the Customer with a basis for submitting a binding offer. 2.2 The Customer can submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer for the goods in the shopping cart by clicking the final order button. The Customer may also submit their offer to the Seller by email or telephone. 2.3 The Seller may accept the Customer’s offer within five days:

  • by sending a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods, in which case the receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after placing the order.

If more than one of the above alternatives applies, the contract shall come into effect at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the offer’s submission. If the Seller does not accept the Customer’s offer within the above period, this shall be deemed a rejection of the offer, and the Customer shall no longer be bound by their declaration of intent. 2.4 If the Customer selects a PayPal payment method, payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), in accordance with the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, for Customers without a PayPal account, in accordance with the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By selecting a PayPal payment method during the online order process, the Seller accepts the Customer’s offer at the moment when the Customer clicks the button completing the order process. 2.5 If the Customer selects "Amazon Payments" as the payment method, payment will be processed via Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), in accordance with the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" during the online order process, they also issue a payment instruction to Amazon by clicking the button that completes the order process. In this case, the Seller accepts the Customer's offer at the moment the payment process is triggered. 2.6 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order is placed. Beyond this, the contract text is not made accessible by the Seller. 2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reviewing the information displayed on the screen. A useful technical tool for better recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process. 2.8 Different languages are available for the conclusion of the contract. The specific language options are displayed in the Seller's online shop. 2.9 Order processing and communication generally occur via email and automated order processing. The Customer must ensure that the email address they provide for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal. 3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy. 3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not residents of a European Union member state and whose sole residence and delivery address are outside the European Union at the time of the contract’s conclusion.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs 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 in individual cases, which the Seller is not responsible for and which the Customer must bear. These include, for example, costs for money transfers by banks (e.g., transfer fees, currency exchange fees) or import duties or taxes (e.g., customs duties). Such costs may also arise concerning 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 options available to the Customer are communicated in the Seller's online shop. 4.4 If the Customer selects a payment method offered via the "PayPal" payment service, payment will be processed by PayPal, which may also use third-party payment service providers. If the Seller offers payment methods through PayPal where the Seller makes an advance payment (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the third-party payment service provider designated by PayPal and notified to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the third-party payment service provider appointed by PayPal will conduct a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method if the credit check results are negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payments to PayPal or the third-party payment service provider appointed by PayPal with a debt-discharging effect. However, the Seller remains responsible for general customer inquiries, such as those regarding the goods, delivery times, shipping, returns, complaints, withdrawal declarations, and returns or credits, even in the event of an assignment of claims. 4.5 If the Customer selects a payment method offered via "Shopify Payments," payment will be processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, which may be subject to special payment terms that will be communicated to the Customer if applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 If the Seller offers the shipping of goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. During the transaction, the delivery address specified in the Seller's order processing is decisive. In contrast, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive. 5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer must bear the reasonable costs incurred by the Seller as a result. This does not apply concerning the costs of dispatch if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions of the Seller's withdrawal policy apply when the right of withdrawal is effectively exercised by the Customer. 5.3 If the Customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed the goods over to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a person entitled to receive the goods upon delivery. However, if the Customer has instructed the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, and the Seller has not previously named this person or institution, the risk passes to the Customer upon delivery to the carrier, freight forwarder, or other designated person or institution, even if the Customer is a consumer. 5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller's fault and the Seller has entered into a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay, and any payment will be refunded immediately. 5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides services in advance, the Seller retains ownership of the delivered goods until full payment of the purchase price has been made.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects apply. For contracts for the delivery of goods, the following applies: 7.1 If the Customer acts as a business:

  • The Seller has the right to choose the type of supplementary performance;
  • The limitation period for defects in new goods is one year from delivery of the goods;
  • Claims and rights due to defects in used goods are excluded;
  • The limitation period does not restart if a replacement delivery is made within the framework of liability for defects.

7.2 The above limitations of liability and shortening of periods do not apply:

  • For claims for damages and reimbursement of expenses by the Customer;
  • In the event that the Seller fraudulently concealed the defect;
  • For goods that have been used in accordance with their usual purpose for a building and caused its defectiveness;
  • For any obligation on the part of the Seller to provide updates for digital products under contracts for the delivery of goods with digital elements.

7.3 Furthermore, the statutory limitation periods for any existing statutory rights of recourse remain unaffected for businesses. 7.4 If the Customer acts as a merchant under § 1 of the German Commercial Code (HGB), the obligation to inspect and give notice of defects pursuant to § 377 of the German Commercial Code applies. If the Customer fails to meet the inspection and reporting requirements stipulated therein, the goods are deemed to have been approved. 7.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the deliverer and notify the Seller accordingly. Failure to do so has no impact on the Customer's statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses, as follows: 8.1 The Seller is liable without limitation for any legal reason:

  • In the event of intent or gross negligence;
  • In the event of willful or negligent injury to life, limb, or health;
  • Based on a guarantee, unless otherwise provided;
  • Under mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical damage, provided that liability is not unlimited as set out above. Material contractual obligations are those that the contract imposes on the Seller according to its content to achieve the purpose of the contract, whose fulfillment is essential for the proper execution of the contract, and on whose compliance the Customer may regularly rely. 8.3 In all other respects, liability on the part of the Seller is excluded. 8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Customer Specifications

9.1 If the Seller is required by the content of the contract to not only deliver the goods but also to process the goods according to specific customer specifications, the Customer must provide the Seller with all necessary content for the processing, such as texts, images, or graphics, in the formats, formatting, image, and file sizes specified by the Seller and must grant the Seller the necessary rights of use. The Customer is solely responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility that they hold the rights to the contents provided to the Seller. In particular, the Customer must ensure that no third-party rights, especially copyrights, trademarks, and personal rights, are infringed. 9.2 The Customer indemnifies the Seller against any third-party claims asserted in connection with the infringement of their rights due to the contractual use of the Customer’s content by the Seller. In doing so, the Customer shall also bear the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. The Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and defense in the event of a claim by third parties. 9.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer violate legal or official prohibitions or public morality. This applies in particular to the submission of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop unless otherwise specified in the voucher. 10.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date. 10.3 Gift Vouchers can only be redeemed before the completion of the order process. A subsequent offset is not possible. 10.4 Multiple Gift Vouchers can be redeemed in a single order. 10.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers. 10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to settle the difference. 10.7 The balance of a Gift Voucher will not be paid out in cash or earn interest. 10.8 The Gift Voucher is intended solely for use by the person named on it. The transfer of the Gift Voucher to third parties is excluded. The Seller is entitled but not obliged to verify the material eligibility of the respective voucher holder.

11) Applicable Law

11.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn. 11.2 This choice of law also does not apply with respect to the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not residents of a European Union member state and whose sole residence and delivery address are outside the European Union at the time of the contract’s conclusion.

12) Place of Jurisdiction

If the Customer is acting as a merchant, a legal entity under public law, or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer’s registered office is 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, provided that the contract or claims arising from the contract can be attributed to the Customer’s commercial or professional activities. In the aforementioned cases, however, the Seller is in any case entitled to bring an action at the Customer’s place of business.

13) Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution, available at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. 13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.