1.1 These Terms and Conditions of VIU VENTURES AG (hereinafter referred to as ‘seller’) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as ‘customer’) and the seller relating to all goods and/or services presented in the seller's online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These T&Cs apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After entering his personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the order process.
2.3 The seller can accept the customer's offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.5 When an offer is submitted via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail or letter) after the order has been sent, together with these General Terms and Conditions. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The contract can be concluded in German, English or French.
2.8 Orders are processed and contact is made by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 The prices quoted by the seller include statutory VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.2 Various payment options are available to the customer, which are specified in the seller's online shop.
3.3 If a payment method offered via the payment service ‘Adyen’ is selected, payment is processed via the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: ‘Adyen’). The individual payment methods offered via Adyen are communicated to the customer in the seller's online shop. Adyen may use the services of third-party payment service providers to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on ‘Adyen’ can be found on the Internet at https://www.adyen.help/hc/de
4) Delivery and dispatch conditions
4.1 The delivery of goods is regularly carried out by dispatch and to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
4.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch.
4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are dispatched or handed over to the authorised transport person.
4.4 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods by arrangement with the seller. In this case, no shipping costs will be charged.
The statutory liability for defects applies.
6.1 If, according to the content of the contract, the seller is also responsible for processing the goods according to the customer's specifications in addition to delivering the goods, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant the operator the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trade mark rights and personal rights.
6.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the reasonable costs of the necessary legal defence, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
6.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
7.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter ‘promotional vouchers’) can only be redeemed in the seller's online shop and only during the specified period.
7.2 Promotional vouchers can only be redeemed by consumers.
7.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
7.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
7.5 Only one promotional voucher can be redeemed per order.
7.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
7.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
7.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
7.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his contractual right of cancellation, insofar as such a right has been agreed.
7.10 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
8.1 Vouchers that 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 stated in the voucher.
8.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
8.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Several gift vouchers can be redeemed with one order.
8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
8.8 The gift voucher is transferable. The seller can make payment with a discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
9.1 All disputes arising out of or in connection with the contract between the parties, including those concerning its valid conclusion, legal validity, amendment or cancellation, shall be settled by the competent courts at VIU Venture AG’s registered office. In addition, the court at the domicile, registered office or domicile of the Customer shall have jurisdiction for legal actions brought by VIU Venture AG and in the cases provided for by mandatory law.
9.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.