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.
(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.
(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.