General Terms and Conditions for the offers at Volimea.de and store.volimea.de

of Volimea GmbH & Cie. KG, Kerstin Dorenwendt-Zarski, Josef-Rodenstock Straße 5,37308 Heilbad Heiligenstadt, represented by the Managing Director, hereinafter referred to as VOLIMEA,
VOLIMEA offers customers on the website www.volimea.de the possibility to make inquiries via the configurator or to order samples.
Furthermore, craftsmen and specialized companies can purchase products for wall and floor coatings and book
seminars.
Overview:
PART 1 – General provisions
PART 2 – Special provisions for inquiries via the configurator
PART 3 – Special provisions for the purchase of samples of goods
PART 4 – Special provisions for the use of advertising materials
PART 5 – Special provisions for the purchase of goods
PART 6 – Special provisions for booking workshops

Part 1 – General provisions

1 General

(1) The following General Terms and Conditions (GTC) shall apply to the business relationship between VOLIMEA and the customer for the services of VOLIMEA in connection with the use of the offers at volimea.de and store.volimea.de. The version valid at the time of the conclusion of the contract shall be authoritative.
(2) A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepre neurs in the sense of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their commercial or independent professional activity. Customers within the meaning of the Terms and Conditions are both consumers andentrepreneurs.
(3) Individual contractual agreements shall take precedence over these GTC. Deviating, conflicting or supplemen tary GTC shall not become part of the contract unless their validity is expressly agreed.

2 Service offers

(1) for customers of all types:
• Customers of all kinds can obtain quotations free of charge via a configurator. The following regulations shall apply to the obtaining of quotations by means of the configurator made available at volimea.de, where by express reference is also made to the 2nd part of these terms and conditions (§§ 7-9).
• Furthermore, customers of all kinds may order samples of goods. The following regulations apply to the purchase of goods, whereby explicit reference is made to the 3rd part of these terms and conditions (§§10-14).
• Finally, each customer can receive advertising material from VOLIMEA upon request. In addition, flyers, brochures and data sheets are deposited in the VOLIMEA download center. The following regulations apply to the use of this advertising material, whereby express reference is made to the 4th part of these Terms and Conditions (§§ 15 – 16).
(2) only for craftsmen and specialized companies:
• Craftsmen and specialist companies can purchase products for wall and floor coatings via the VOLIMEA online store at store.volimea.de. The following rules apply to the purchase of goods, whereby express reference is made to the 5th part of these terms and conditions (§§ 17 – 23).
• Furthermore, craftsmen and specialized companies can book participation in workshops via volimea.de. book. The following regulations apply to the booking of workshops, whereby express reference is also made to the 6th part of these terms and conditions (§§ 24 – 28).

3 Offsetting and right of retention
The Customer shall only have a right of set-off if its counterclaims have been legally established, acknowledged or not disputed by the Provider. The Customer‘s right to offset against contractual and other claims arising from the initiation or execution of this contractual relationship shall remain unaffected. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

4 Haftungsbeschränkungen

(1) In the case of slightly negligent breaches of duty, liability shall be limited to the foreseeable, contract-typical average damage according to the type of goods. This shall also apply to slightly negligent breaches of duty by VOLIMEA‘s legal representatives or vicarious agents. VOLIMEA shall not be liable in case of slightly negligent breach of immaterial contractual obligations. VOLIMEA shall, however, be liable for the infringement
of the essential contractual legal positions of the customer. Material contractual legal positions are those which the contract must grant to the customer according to the content and purpose of the contract. VOLIMEA shall also be liable for the breach of obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the customer can rely. and on the observance of which the customer may rely.
(2) The above limitations of liability shall not affect claims of the customer arising from guarantees and/or product liability. Furthermore, the limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations as well as in the event of bodily injury or damage to health attributable to VOLIMEA or in the event of loss of life of the customer. loss of life of the customer.
(3) VOLIMEA shall only be liable for its own content on its website. Insofar as links provide access to other websites, VOLIMEA VOLIMEA is not responsible for the external content contained therein. VOLIMEA does not adopt the third-party content as its own. If VOLIMEA becomes aware of illegal content on external websites, it will external websites, it will immediately block access to these sites.

5 Limitation of liability of the amount

If VOLIMEA is obligated to reimburse the client for the costs of using the (service) performance of third parties within the scope of an existing claim for damages or reimbursement, the liability shall be limited in amount to the hourly rates applicable according to the specifications of the respective locally competent Chamber of Crafts.

6 Sonstiges

(1) The law of the Federal Republic of Germany shall apply.
(2) Contract language is German.
(3) 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 this contract shall be the competent court at the place of business of VOLIMEA, unless an exclusive court at the place of business of VOLIMEA, unless an exclusive place of jurisdiction is given. VOLIMEA shall, however, also be entitled to bring the merchant at the court of his place of residence or business. The jurisdiction based on an exclusive exclusive place of jurisdiction shall remain unaffected

PART 2 – Special provisions for requests via the configurator

7 General

(1) The request configurator is an Internet application through which the user can specify his or her requirements by selecting certain specifications and criteria. At the end he can contact details the user can send the requirements determined by the „Inquiry Configurator“ to VOLIMEA as a quotation request to VOLIMEA.
(2) The use of the „Inquiry Configurator“ is free of charge.

8 Sending a request for quotation

(1) The customer can specify his requirements in the „Inquiry Configurator“ by selecting certain categories. By clicking on the button „complete“ he can send his request with the previously selected configuration to VOLIMEA.
(2) The user is obliged to provide truthful information when using the inquiry configurator. The configurations created by the user will not be checked by VOLIMEA for correctness and/or completeness. VOLIMEA does not owe such a check.
(3) The user shall further be obliged to use the „Inquiry Configurator“ only in such a way that it does not infringe any rights of third parties, personal rights of others or other rights of third parties. rights of third parties, personal rights of others or other laws and regulations.

9 Preparation of Offer / Contacting the User

(1) After sending his inquiry, the user will be contacted by VOLIMEA by e-mail or telephone.
(2) Depending on the information provided by the user, VOLIMEA will VOLIMEA submits a non-binding offer directly to the user or recommend to the customer an appropriate craftsman‘s business which could carry out the requested service.
(3) If a craftsman‘s business is recommended to the customer, the customer can contact the respective business himself or arrange a call. himself or arrange a phone call.
(4) In this case, a contract for the requested service shall be concluded exclusively between the user and the respective craftsman‘s business. In this respect VOLIMEA alone has established the contact between the contracting parties. parties to the contract.

12 Remuneration / Payment options

(1) The samples themselves are free of charge. However, the customer shall bear the shipping costs indicated in the order form. shipping costs stated in the order form. These include the statutory value added tax.
(2) Customers may pay the shipping costs by prepayment/bank transfer.

13 Shipping

(1) VOLIMEA delivers to Germany, Switzerland, Norway, Austria, Benelux and Italy.
(2) The delivery period for deliveries within Germany is indicated on the respective offer page. The beginning of the delivery period shall be determined according to para. 3 to 4.
(3) If payment is made by prepayment/bank transfer, the delivery period begins two days after receipt of payment.
(4) If the start or end of the delivery period falls on a Saturday, Sunday or public holiday, the start or end of the delivery period shall be postponed. the beginning or end of the period shall be postponed to the next but one working day.
(5) With regard to the reservation of proper self-delivery VOLIMEA refers to § 10 para. 4 of these GTC.

14 Warranty

The customer is entitled to a statutory warranty right.

PART 4 – Special Provisions for the Use of Advertising Material

15 Granting of rights to advertising materials (licenses)

(1) Subject to compliance with these General Terms and Conditions, in particular the restrictions pursuant to § 18, the Customer shall be granted the non-exclusive, temporally and locally unrestricted, non-transferable and nonsublicensable rights to use the Advertising Materials, non-transferable and non-sublicensable rights of use to these works.
(2) The Customer shall not be granted any editing rights.
(3) The use of the provided advertising materials is limited to the following contractual purpose: Advertising of the goods offered by VOLIMEA or of the services related to these products in the context of the service in the context of the customer‘s activity as a craftsman or specialist company. 4. TEIL – Besondere Bestimmungen für die Nutzung von Werbematerial.

16 Restrictions on the granting of rights

(1) The advertising materials provided may only be used within the scope of the contractual purpose pursuant to § 17 (3) of these GTC and only by the Customer itself.
(2) The Customer shall be prohibited from using the provided advertising materials in a manner that leads to violation of these GTC, legal regulations, official orders or morality.
VOLIMEA shall investigate any indications of such use and, after examination, take the appropriate steps.§ 16 Einschränkungen der Rechteeinräumung
(3) The Customer is in particular prohibited from:
• Use of the works in a harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist manner and/or in a manner that may harm minors in any way, in particular if the use is pornographic or in any way harmful to minors, in particular if the use is pornographic, glorifies violence or is otherwise harmful to minors;
• Actions in connection with the Work which infringe the rights of third parties, in particular patents, trademarks, copyrights or ancillary copyrights, trade secrets, personal rights or property rights;
• Removal of copyright or proprietary notices or other indicia appearing in connection with or embedded in the Work as originally downloaded;
• Incorporation of the Advertising Material or any part thereof into a logo or trademark. Dem Kunden ist ins
(4) Use in social media
Use of the Works in so-called social media sites is only permitted if the terms of use of these sites do not contain any provisions granting exclusive rights of use or ownership to the operators of these sites or third parties.
(5) For each case of a violation of the aforementioned paragraphs VOLIMEA shall warn the customer (with costs) or have the customer warned and claim injunctive relief. VOLIMEA expressly reserves the right to assert further rights.

PART 5 – Special provisions for the purchase of goods

17 Registration / Use of the offers of the online store at store.volimea.de

(1) For the use of the online store (for the purchase of goods) a previous registration as a customer is required. Only craftsmen and specialized companies are entitled to register. Proof must be provided by submitting a business registration.
(2) Registration can only take place via the VOLIMEA website at store.volimea.de. The registration of the customer represents a binding offer for the conclusion of a contract for the free membership in the online portal.
The registration of the customer takes place in the following steps:
• After successful registration the new customer receives a registration confirmation by e-mail with the request to send us the business registration.
• With the arrival of the business registration, the activation takes place after 2 working days in the merchandise management.
• The new customer receives a confirmation of activation by e-mail.
(3) After registration and activation, the customer can place orders in the online store.

18 Conclusion of Contract

(1) The presentation of the goods on the VOLIMEA website at volimea.de does not constitute an offer in the legal sense, but merely an invitation to the customer to make an offer in the legal sense. Due to the technical possibilities of presentation, the ordered goods may deviate slightly, within reason, from the goods presented on the Internet, in particular there may be deviations in color. As far as the detailed description of the goods and their application is concerned, the current version of the respective data sheet, which is available in the download area, shall always apply.
(2) The order by the customer can be placed via the VOLIMEA website at volimea.de, by e-mail or by fax. The customer‘s order constitutes a binding offer to conclude a purchase contract for the ordered products. contract for the ordered product(s).
(3) VOLIMEA shall immediately confirm receipt of the customer‘s order by e-mail. The purchase contract shall be concluded with the order confirmation. The delivery of the ordered goods by VOLIMEA shall be deemed to be an acceptance.
(4) The conclusion of the contract shall be subject to the reservation that VOLIMEA shall not perform in case of incorrect self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. In case of unavailability of the goods, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the text of the contract shall be stored by VOLIMEA and and sent to the client together with a reference to the General Terms and Conditions by e-mail after conclusion of the contract.
(6) At the request of the customer VOLIMEA may take back the new goods. The storage costs for returns shall be 20% of the net value of the goods. The customer shall be responsible for returning the goods at his own expense to VOLIMEA at his own expense. Alternatively, the customer may also commission VOLIMEA with the return shipment. The costs of the return shipment can be found in the overview „Shipping and Payment Conditions“ (https://cdn.volimea.de/wp-content/uploads/2021/06/Shipping_Conditions_of_Payment.pdf).

19 Retention of Title

(1) VOLIMEA shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.
(2) In the event that the customer acts in breach of contract, in particular in the event of default of payment, in the event that the customer provides false information regarding his creditworthiness or if an application for the opening of insolvency proceedings is filed, VOLIMEA shall be entitled – if necessary after setting a deadline – to withdraw from the contract and to demand the return of the goods, provided that the customer has not yet
or not completely rendered the counter-performance.
(3) The customer shall be entitled to resell the goods ordered and paid for by VOLIMEA in the ordinary course of business on its own account. on its own account.

20 Remuneration / Payment Options

(1) The prices and other charges stated are binding. They are prices without the statutory value added tax.
(2) Customers may pay the purchase price by PayPal, credit card, SEPA direct debit, prepayment/bank transfer or by invoice. In the case of the customer‘s first order / booking, the customer must pay the owed payment by way of prepayment / bank transfer. Further information on the means of payment can be found in the privacy policy [https://shop.volimea.de/datenschutzerklaerung] on the website of VOLIMEA website at store.volimea.de.

21 Shipping

(1) VOLIMEA delivers to Germany, Switzerland, Norway, Austria, Benelux and Italy.
(2) The delivery period for deliveries within Germany is indicated on the respective offer page or the overview „Shipping and Payment Terms“ (https://cdn.volimea.de/wp-content/uploads/2021/06/Versand_Zahlungsbedi nungen.pdf). The start of the delivery period is determined (depending on the selected payment method) according to paragraphs 3 to 4.
(3) In case of payment by PayPal, Sofortüberweisung, Vorauskasse/Überweisung, credit card and SEPA direct debit, the delivery period begins one day after the payment instruction has been made. For all other payment methods the period begins one day after the order.
(4) If the start or end of the period falls on a Saturday, Sunday or public holiday, the start or end of the period shall be postponed. the beginning or end of the period shall be postponed to the following working day.
(5) With regard to the reservation of proper self-delivery VOLIMEA refers to § 6 para. 4 of these GTC.
(6) VOLIMEA shall be entitled to make partial deliveries, insofar as the customer can be reasonably expected to accept such a interests of the customer. This shall have no influence on the content of the contract, in particular on the performance owed by VOLIMEA or on the agreed delivery times. or on the agreed time of performance. The customer shall not incur any additional additional costs.

22 Transfer of risk

(1) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution person or institution designated to carry out the shipment.
(2) The handover shall be the same if the customer is in default of acceptance.

23 Warranty

(1) The customer is entitled to a statutory warranty right, which is modified according to §§ 4, 5 and 22 and 3 of these GTC.
(2) Ordered goods may deviate slightly from the goods depicted on the Internet within the bounds of what is reasonable. Insofar as the more detailed description of the goods and their application is concerned, the current version of the respective data sheet, which is available in the download area, shall always apply. Reference is made to § 4 para. 1 of these GTC.
(3) VOLIMEA shall initially provide warranty for defects of the goods at its own discretion by rectification or replacement delivery.
(4) If the subsequent performance fails, the customer may, at its own discretion, demand a reduction of the purchase price (reduction) or rescission of the contract (withdrawal); in addition, the customer may demand damages instead of performance. In the event of only insignificant defects, the customer – taking into account the interests of both parties – shall not be entitled to withdraw from the contract. Instead of damages or rescission in lieu of performance, the customer may demand reimbursement of futile expenses within the scope of § 284 of the German Civil Code (BGB), which the customer incurred and could reasonably be expected to incur in reliance on receipt of the goods. If the customer chooses compensation instead of performance, the limitations of liability according to §§ 4 f. of these GTC shall apply.
(5) Customers must notify VOLIMEA of obvious defects of the delivered goods within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim shall be excluded. Timely dispatch or notification shall be sufficient to meet the deadline. For merchants § 377 HGB (German Commercial Code) shall apply.
(6) As a matter of principle only the product description of VOLIMEA shall be deemed agreed as the quality of the goods. Public public statements, praise or advertising by the manufacturer do not constitute a contractual quality of the goods. contractual quality of the goods.
(7) The warranty period shall be 1 year from delivery. The one-year warranty period shall not apply if the seller can be accused of gross negligence, furthermore not in the case of bodily injury and damage to health attributable to VOLIMEA and in the case of loss of life of the customer, in the case of a guarantee as well as in the case of delivery recourse according to § 478 BGB. VOLIMEA‘s liability according to the Product Liability Act shall remain unaffected.
(8) In deviation from para. 7 the regular period of limitation shall apply if VOLIMEA has fraudulently concealed a defect.
(9) VOLIMEA shall not give any guarantees to the customer in the legal sense, unless expressly agreed Manufacturer‘s warranties shall remain unaffected by this.

PART 6 – Special provisions for booking workshop.

24 Conclusion of Contract on Participation in a Workshop

(1) The presentation of the workshops on the VOLIMEA website constitutes a binding offer in the legal sense.
(2) The customer can book these workshops by telephone, by e-mail or via the VOLIMEA website. With the booking the customer bindingly declares his intention to participate in the workshop.
(3) In the event of booking via VOLIMEA‘s online booking portal at volimea.de, the client can select a workshop from the offer and place it in the shopping cart via the button with the sign „Add to Shopping Cart“. Ordering process: Once the customer has placed a workshop in the shopping cart, he can enter his address his address data and an e-mail address. Furthermore, he can select the payment and shipping method and – if he has a coupon code – enter it at these points. Furthermore, the customer can at this point the privacy policy and the general Terms and Conditions.
By placing the appropriate check mark in the respective input field, the customer confirms that he has read the data protection declaration and that he accepts the general terms and conditions. On the right-hand side, there is also an overview of the order. The order can then be The order can then be completed by clicking the „Book/order with costs“ button.
Input errors:
Entries made during the ordering process can be corrected at any time by the customer by using the browser by using the „Back“ button marked with a green arrow pointing to the left and then making the corresponding change. Furthermore, the data entered during the ordering process can be data entered during the ordering process using the „Back“ function of your Internet browser. By closing the Internet browser, the entire ordering process can be canceled at any time.
(4) After booking, the customer will receive an invoice from VOLIMEA with a request for payment by e-mail.
(5) The conclusion of the contract is subject to the minimum number of participants stated in the respective offer being reached. In the event that the minimum number of participants is not reached, the client will be informed at least 5 working days prior to the start of the workshop. In this case VOLIMEA shall have the right to withdraw from the contract in accordance with § 9 para. 3 of these GTC.
(6) If the client makes the booking electronically, the booking confirmation/invoice shall be stored by VOLIMEA and sent to the client by e-mail. Invoice will be saved by VOLIMEA and sent to the client together with the legally effective GTC via by e-mail after the conclusion of the contract. Sofern der Kunde die Buchung auf elektronischem Wege vornimmt, wird die Buchungsbestätigung / Rechnung von VOLIMEA gespeichert und dem Kunden nebst den rechts wirksam einbezogenen AGB per E-Mail nach Ver-tragsschluss zugesandt.

25 Scope of Services / Changes in Services

(1) The subject matter of the workshop booked with VOLIMEA are solely the courses on the course days/course locations named in the offer together with the corresponding course documents. Unless expressly agreed otherwise, any further costs incurred by the client in connection with the booked workshop (travel to and from the workshop and overnight accommodation) are not included in the workshop fee.
(2) VOLIMEA owes solely the agreed activity, not the achievement of a specific personal success of the client.
(3) VOLIMEA is entitled to replace the designated course instructor(s) with other (substitute) course instructors who are qualified to the same extent. (substitute) course instructors, if this is necessary in individual cases.
(4) Furthermore, VOLIMEA is entitled to make changes with regard to the content and/or the organization of a organization of a workshop, provided that this is expedient in the individual case and reasonable for the client. Insofar as and/or time of the workshop, the client shall be informed thereof without delay. informed immediately.

26 Remuneration

(1) The prices and other charges stated are binding. They are prices without the statutory value added tax.
(2) Unless otherwise agreed below, customers may pay the remuneration owed PayPal or cash in advance/bank transfer. Further information on the means of payment can be found in the Privacy Policy [https://www.volimea.de/ datenschutz/] on VOLIMEA‘s website at volimea.de.

27 Copyright

(1) All course documents and the contents of VOLIMEA‘s Internet pages are protected by copyright.
(2) These may be used exclusively for personal further education or training purposes and for the information of the customer. In this respect VOLIMEA grants the customer the simple right, not transferable to third parties, to use the documents provided by VOLIMEA in the sense of the contract. This right of use includes the right of the customer to use data and documents provided by VOLIMEA within the scope of the offer for his own use, in particular to save and/or print them.

28 Cancellation / Substitute Participant and Withdrawal by VOLIMEA

(1) Cancellation free of charge or rebooking free of charge to another date by the client is possible at any time up to 8 weeks prior to the start of the course. The cancellation or rebooking must be made in text form (by e-mail) to VOLIMEA. In case of cancellation of the workshops at:
• less than 8 weeks before the start of the course, the processing fee is 10% of the course fee
• less than 4 weeks before the beginning of the course the processing fee is 20% of the course fee
• less than 2 weeks before the start of the course, the processing fee is 40% of the course fee, and
• in case of cancellation less than 5 working days before the beginning or termination of the course, the full course fee remains due. The client is free to prove that VOLIMEA has suffered less damage.
(2) In the event that a registered customer is unable to attend, a substitute sent by the customer may attend. participate. This shall not incur any further costs.
(3) VOLIMEA shall have the right to withdraw from the contract if the agreed minimum number of participants has not been number of participants has not been reached or if the workshop cannot take place due to performance VOLIMEA is not responsible for. In these cases VOLIMEA shall immediately declare to the client the the contract and will refund the seminar fee to the client.
(4) VOLIMEA reserves the right of retention with regard to the performance of the service if the agreed
remuneration has not been paid by the start of the seminar