General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Contract Duration and Contract Termination Regarding Subscription Contracts
7. Reservation of Proprietary Rights
8. Warranty
9. Redemption of Campaign Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Nosal & Kamieth GbR (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.5 According to the Seller’ product description, the object of the contract may be the supply of goods by way of a one-time delivery or the supply of goods by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Seller commits to supply the Client with the contractually owed goods for the duration of the agreed contract period and at the contractually agreed time intervals.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 If the Client chooses "PayPal Express” when placing his order, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal terms of use shall apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE.
In case the Client has no PayPal account, the conditions for payments without PayPal account will apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.
If the Client chooses “PayPal Express” as payment method, he initiates also a payment order to PayPal by clicking the button finalizing the order process. In this case, the Seller declares his acceptance of the Client’s offer already at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 The English language is exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
Instructions for cancellation & Cancellation form
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual's trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instructions for cancellation
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to cancel, you must inform us (Nosal & Kamieth GbR, VISUAL PLEASURE, Borkener Straße 11, 48249 Dülmen, Deutschland, E-Mail: info@visualpleasure.co) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
General information
1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.
Nosal & Kamieth GbR
VISUAL PLEASURE
Borkener Straße 11
48249 Dülmen
Deutschland
E-Mail: info@visualpleasure.co
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
__________________________________________
Ordered on (*) _______/ received on (*) ________
__________________________________________
Name of consumer(s)
__________________________________________
Address of consumer(s)
__________________________________________
Signature of consumer(s) (only if this form is notified on paper)
________________Date
(*) Delete as appropriate
4) PRICES AND PAYMENT CONDITIONS
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.4 Credit card payment via Stripe
When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons. 5.4 Vouchers will be provided to the Client as follows:
- by e-mail
6) Contract Duration and Contract Termination Regarding Subscription Contracts
Customers who buy subscription products can view and manage their subscriptions from their Customer Account. After logging in, they click My account, and then Subscriptions.
All subscriptions are listed in the Subscriptions section. Customers can click a subscription to view its details, including:
The next order date
Product price (excluding shipping and taxes)
Subscription frequency
Order history
Saved billing and shipping information
6.1 Subscription contracts are concluded indefinitely and can be cancelled by the Client on a monthly basis for the regular membership and on a yearly basis for the 1-year-membership (before the next subscription cycle starts)
6.2 The right to immediate termination for important reasons remains unaffected.
An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests
6.3 Notices of termination must be made in writing or in text form (for example by e-mail). The customer can cancel the subscription from their Customer Account. To cancel the subscription, they click Cancel Subscription.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8) Warranty
8.1 Should the object of purchase be deficient, statutory provisions shall apply.
8.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
9) Redemption of Campaign Vouchers
9.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
9.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
9.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
9.4 Only one campaign voucher can be redeemed per order.
9.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
9.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
9.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
9.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
9.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.
10) Redemption of Gift Vouchers
10.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.
10.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.
10.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.5 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
10.6 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
11) Applicable Law
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
11.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
12) Alternative dispute resolution
12.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.