Terms and Conditions

General terms and conditions of business

v-sun.de

1. Scope

1.1 Contracting parties

These General Terms and Conditions of Sale ("GTC") apply to all contracts concluded via our online shop ("Online Shop") between us, V.SUN GmbH, represented by Ms. Anja Susanne Bettin, In der Aue 4, D-69118 Heidelberg, Germany, telephone: +49 (0)6221/6566460 (You can reach us Mon.-Fri. 10 a.m.-5 p.m.), email: info@v-sun.de , commercial register: Mannheim District Court, HRB 736030, VAT identification number according to Section 27a UStG: DE329129179 (hereinafter referred to as "we" or "V.SUN") and you as our customer who is at least 18 years old and acting as a consumer. The version of the GTC valid at the time the contract is concluded shall apply.

1.2 Consumers

The offers in the online shop are aimed exclusively at (end) consumers residing in the Federal Republic of Germany and Austria. According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2. Conclusion of contract

2.1 Ordering process

The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a purchase contract. You can select products from our range and collect them in a so-called shopping cart by clicking the "Add to Cart" button. By clicking the "Checkout" button, you submit a binding request to purchase the goods in your shopping cart. You can correct the data at any time before submitting your order by using the correction tools provided and explained during the ordering process. By submitting your order via the online shop by clicking the "Buy" button, you place a legally binding order.

However, your application can only be submitted and transmitted to us if you agree to the validity of these General Terms and Conditions by ticking the appropriate box, thereby including them in your application and declaring that you have read and understood the consumer cancellation policy and our data protection information.

You are bound to your order for a period of two (2) weeks after it has been placed. Your existing right (if you are a consumer) to cancel your order remains unaffected. The consumer cancellation policy and the sample cancellation form can be found below under Section 3.

2.2 Minimum order value; customary order quantities

We may only be able to accept orders if they exceed a minimum order value. If this is the case, you can find the minimum order value in the pricing information provided in our online shop. Furthermore, orders in the online shop are generally only possible in quantities customary for consumers. This also applies to consecutive orders that, in total, exceed a customary order quantity.

2.3 Conclusion of the purchase contract

Upon your request, we will send you an automatic confirmation of receipt by email ("order confirmation"), which details your order again. The order confirmation merely documents that we have received your order and does not constitute acceptance of the order. Your use of approved instant payment methods does not constitute the conclusion of the purchase contract, despite payment of the purchase price. The purchase contract is only concluded upon our submission of the declaration of acceptance, which is sent via a separate email ("order confirmation"), but no later than upon delivery of the goods. In the order confirmation or order confirmation, but no later than upon delivery of the goods, we will send you the contract text (consisting of your order, the General Terms and Conditions, the cancellation policy, and the sample cancellation form) on a permanent data medium (email or paper printout). The contract text will be stored in compliance with data protection regulations. You can view your past orders under your user account, if you have registered one. Registering a user account is not a prerequisite for placing an order.

2.4 Storage of the contract text

We will send you the contract text, consisting of your order, the General Terms and Conditions, the cancellation policy, and the sample cancellation form, with the order confirmation or in a separate email, but no later than upon delivery of the goods, on a permanent data medium (email or paper printout). We also store the contract text in compliance with data protection regulations. You can view your past orders in your user account, if you have registered one. Registering a user account is not a prerequisite for placing an order.

2.5 Contract language

The language available for concluding the contract is German.

3. Consumer right of withdrawal

As a consumer, you generally have a statutory right of withdrawal when concluding a distance selling contract, which we inform you about below (Section 3.1) in accordance with the statutory model. Exceptions to the right of withdrawal are regulated in Section 3.2. You will find a sample withdrawal form in Section 3.3:

3.1 Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us: V.SUN GmbH, In der Aue 4, D-69118 Heidelberg, Germany, info@v-sun.de, telephone: +49 (0)62216566460) by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to the service provider commissioned by us to take back the goods, Erdt Concepts GmbH, Tilsiter Str. 17, D-69502 Hemsbach, promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

3.2 Exclusion of the right of withdrawal

Unless we have agreed otherwise with you, the right of withdrawal does not apply, among other things, to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

3.3 Sample cancellation form

We inform you about the model cancellation form in accordance with the legal regulations as follows:

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it to us.)

– To V.SUN GmbH, In der Aue 4, D-69118 Heidelberg, info@v-sun.de, Germany

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notification is made on paper)

- Date

(*) Delete as appropriate.

4. Prices and shipping costs; shipping costs in case of cancellation

All prices in our online shop are gross prices including statutory VAT and do not include any applicable shipping costs. The shipping costs are stated in our price information in the shopping cart in our online shop. Shipping to Germany is €3.95. Shipping to Austria or Luxembourg costs €9.95. Shipping to Spain, France, Italy, Bulgaria or Greece costs €14.95. Shipping to Switzerland costs €19.95. For orders over €19.90, shipping is free within Germany. For orders over €39.90, shipping is free to Austria. The price including VAT and applicable shipping costs is also displayed in the order form before you submit your order. If we fulfill your order with partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery. If you effectively revoke your contractual declaration, you can, under the statutory conditions, demand reimbursement of the costs already paid for shipping to you (shipping costs) (see the cancellation policy for other consequences of cancellation).

5. Delivery conditions

5.1 Partial deliveries

We are entitled to make partial deliveries as long as this is reasonable for you.

5.2 Delivery area

We only ship to customers who provide a delivery address in Germany, Austria, Luxembourg, Switzerland, Spain, France, Italy, Bulgaria, or Greece. Customers cannot pick up their goods themselves. We also do not deliver to packing stations.

5.3 Delivery period

The delivery period begins on the day the contract is concluded and ends on the last day of the period. If the last day of the period falls on a Saturday, Sunday, or a public holiday recognized by the government at the place of delivery, the next working day shall take the place of such a day. The delivery period is determined by the information in the respective product description. If no delivery time is specified for the respective product in our online shop, it shall be a maximum of 10 working days, unless otherwise agreed.

5.4 Transport damage

If you are a consumer and goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.

6. Payment methods

6.1 Payment via PayPal

If you have chosen "PayPal" as your payment method, you must be registered with PayPal to pay the invoice amount, or you must first register and authenticate with your login details. PayPal will process the payment transaction automatically immediately after confirming your payment order. You will receive further information during the ordering process.

6.2 Payment by credit card via Shopify Payments

You can pay conveniently and securely by credit card. The payment transaction will be processed immediately after the payment order has been confirmed and you have verified your identity as the legitimate cardholder. Upon Shopify's request, your credit card company will process the transaction, and your card will be charged. You will receive further information during the ordering process.

6.3 Payment via KLARNA invoice purchase

The payment period is 14 days from the date of shipment. You will receive further information during the ordering process.

6.4 Payment via KLARNA Sofortüberweisung

If you would like to use Klarna Sofortüberweisung, you can pay for your purchase directly with your online banking details. You will receive further instructions during the ordering process.

6.5 Payment by eps transfer

If you would like to use eps transfer, you can pay for your purchase directly with your online banking details. You will receive further instructions during the ordering process.

6.6 Vouchers

If we grant you coupons, promotional vouchers or other monetary benefits, e.g. in the form of discount codes (collectively referred to as "Voucher(s)") at our sole discretion, you can redeem these exclusively as part of the online ordering process during the specified period of validity, subject to the following conditions:

All vouchers can only be redeemed once and cannot be combined with other promotions. Only one voucher can be redeemed per order. If the redemption of vouchers below a certain minimum order value per order is excluded, we will inform you of this in our offers.

If the discount granted by the voucher is a percentage or euro savings, the voucher is valid for our entire product range, excluding discounted items, and will be automatically deducted from your invoice amount. Any discount value exceeding the invoice amount will be forfeited. Cash payment of the voucher value is excluded.

If the voucher grants other monetary benefits, e.g. free product gifts, e.g. in the form of product samples, we will deliver these to you with your order while stocks last.

7. Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

8. Warranty

8.1 Statutory claims for defects

We are liable for material or legal defects in delivered items in accordance with applicable statutory provisions.

8.2 Guarantees

Any seller warranties provided by us for specific items or manufacturer warranties granted by the manufacturers of specific items shall apply in addition to claims for material or legal defects within the meaning of Section 8.1. Details of the scope of such warranties can be found in the warranty conditions that may be included with the items.

9. Liability

9.1 Principle

We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

9.2 Liability for breach of essential contractual obligations

In other cases, unless otherwise provided in Section 9.3, we are only liable for breaches of a contractual obligation whose fulfillment is essential for the proper execution of the contract and whose compliance you as a customer can regularly rely on (so-called cardinal obligations), and this is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of Section 9.3. The above limitation of liability also applies to the personal liability of our employees, representatives, and executive bodies.

9.3 Unlimited liability

Our liability for damages resulting from injury to life, body or health and under mandatory statutory provisions remains unaffected by the above limitations and exclusions of liability.

10. Copyrights

All images, photos, films, and texts published in our online shop are protected by copyright. Their use is not permitted without the express prior written consent of the respective rights holder.

11. Offsetting; rights of retention

You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert complaints about defects or counterclaims arising from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

12. Miscellaneous

12.1 Applicable law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If your habitual residence is in Austria at the time of your order, the application of mandatory Austrian law remains unaffected by the choice of law made in sentence 1.

12.2 Customer Service

You can reach our customer service for questions, complaints and objections to your order on weekdays from 9:00 a.m. to 5:00 p.m. by phone at +49 800 5890357 or by email at shop@v-sun.de .

12.3 Dispute resolution

Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

Status of these Terms and Conditions: May 2021