Terms And Conditions
1. Contractual Partner, Validity, User Registration
2. Offer, Order, and Conclusion of Contract
5. reservation of proprietary rights
6. shipping costs
8. right of revocation
9. warranty, liability limitation
10. gift certificates, vouchers
13. severability clause
14. choice of law, place of jurisdiction
1. Contractual Partner, Validity, User Registration
1.1 The contractual partner is finestvinyl GmbH (C.E.O. Joachim Hiller), Hochstr. 15 42697 Solingen, Germany
1.2 Our terms and conditions are an integral part of the contract and are valid for every user, i.e. also for future purchases and deliveries. You fully accept the terms and conditions at the time of the business transaction. We object to regulations that derivate from the conditions specified in the terms, especially your own terms. Our terms and conditions are permanently accessible on our website www.finestvinyl.co.uk.
1.3 A customer is specified as a consumer as far as he does not predominantly utilize deliveries and services as part of his commercial or freelance occupation. An entrepreneur is specified as natural or legal person or a partnership with legal personality who or which, when entering into the legal transaction, acts in exercise of his or its trade, business or profession..
1.4 Our webshop can either be used as a guest or as a registered customer. A claim for registration and use of our website does not exist.
Using our webshop as a guest will temporarily store data that is relevant for the purchase and dispatch. It is mandatory that the required data is complete and truthful. The data will be deleted after each transaction.
· Registered user
Registering for our webshop is free of charge. In order to be approved as a registered customer you electronically fill in the form and send it to us. It is mandatory that the required data is complete and truthful. You log in by using your e-mail address and password. If you’ll be using a nickname in the future that nickname must not infringe the rights of a third party, additional rights to a name, trademarks or be morally questionable. You are obligated to keep your password confidential. You can change or delete your customer account any time. You are solely responsible for keeping your details up to date.
2. Offer, Order, and Conclusion of Contract
2.2 You can only order if you’re over the age of 18.
2.3 Ancillary agreements are only effective if they are confirmed in writing.
2.4 We expressly reserve the right to price changes, technical alterations, errors, typos or prior sale.
Our webshop indicates prices in EURO including VAT (according to the country specified in the delivery address) without discounts. Prices are valid at the time of ordering. Local import sales taxes have to be paid by the customer. Please get in touch with the responsible local authorities prior to ordering.
4.1 The purchase price is payable by conclusion of contract; the payments are due without discount if no other payment type has been confirmed in writing.
4.2 In case payments are due according to the calendar you will be already in default if you fail to make a timely payment. If you are in default we are entitled to assert a claim of default interest of five percentage points above the basic rate of interest p.a. announced by the European Central Bank if you are a consumer and eight percentage points above the basic rate of interest p.a. announced by the European Central Bank if you are an entrepreneur. Additional claims are not affected by this.
4.3 Methods of Payment
You choose “credit card” (Visa, Mastercard) before confirming your order and type in your credit card details. We charge your credit card on contract of purchase.
You choose „PayPal“ before confirming your order. Please follow the instructions in the shop/on PayPal. Before the final confirmation of your order you will be asked by PayPal to make the payment in a separate window. Once the payment process has been confirmed by PayPal you complete the ordering process on finestvinyl. As soon as PayPal confirms the payment we will dispatch your order according to the terms and conditions specified here.
5. Conditional Sales Contract
Each shipment is subject to a retention of title; i.e. the contract goods only become your property after the due amount has been paid in full. Until such is the case the contract goods must not be sold, pawned, transferred as a security bond or otherwise encumbered with third parties’ rights.
6. Shipping Costs
6.1 Additional to the merchandise value of the ordered items the shipping costs as specified in the completed order must be paid. Only in Germany and Austria there are no shipping costs if the order value is or exceeds 50,00 EUR.
6.2 You can review the shipping costs per country here [LINK].
6.3 If you are a consumer you have to bear the shipping risk.
7.1 Insofar as no other agreements have been made and contract goods are in stock we will advise our warehouse to ship your order to the delivery address you specified. Details about availability or delivery times are always provisional and non-binding insofar as no delivery date has been confirmed explicitly and bindingly by way of exception.
7.2 If your order should partly or entirely be temporarily unavailable we will inform you of this in your order confirmation. We’ll act accordingly in case parts of or your entire order should not be available at all. If we shouldn’t be able to ship your order because our suppliers have not filled their obligations, we are entitled to cancel your order. Your statutory rights are not affected by this.
7.3 Should a delivery not be possibly due to reasons in your power you will incur the costs for a second delivery.
8. Right of cancellation
Instruction on the Right of Cancellation
- Right of Revocation:
If you are a consumer you may cancel the declaration of contract within 30 days and without giving reasons. The revocation period is 30 days from the date on which you or a third party designated by you received the last goods of your order.
To exercise your right of revocation, you have to inform finestvinyl.de – finestvinyl GmbH, 42697 Solingen; phone: 0049-(0)212-64520581; fax: 0049-(0)212-3831830; e-mail: WIDERRUF@finestvinyl.de – in an clear statement (e.g. letter, fax, e-mail). You can but must not use the attached optional standard form.
You can find the optional standard form for the revocation on our website www.finestvinyl.de/widerrufsformular_english.pdf where you can complete the form and send it to us electronically. If you use this possibility, we will instantly send you an acknowledgement of receipt (e.g. via e-mail).
In order to observe the revocation period it is sufficient, to send the notice of revocation in time before the expiry of the period limit.
- Consequences of Revocation:
In the case of an effective revocation, we will refund all payments that we have received from you, including delivery costs (with exception of additional costs arising from the fact that you chose a different delivery service than the standard delivery service offered by us), immediately or not later than fourteen days from the date on which the notification of revocation is received. For this refund, we use the same means of payment that you have used for the initial transaction, unless expressly agreed with you; in any case you will not be charged fees for this repayment.
We may withhold the refund until we have received the goods back or until to you have furnished proof that you have sent back the goods, which might be earlier.
You have to return the goods to us without delay and not later than fourteen days from the day you informed us about the revocation (ship to: finestvinyl.de - finest vinyl GmbH, Hochstr 15, 42697 Solingen). The time limit will have been observed, when you send back the goods before the end of the period of fourteen days. You bear the direct cost of returning the goods.
The right of revocation does not apply on distance contracts
- for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or
- for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, or
- for the delivery of newspapers, periodicals and magazines with the exception of subscription contracts
- for the delivery of tickets for concerts and similar entertainment events, only if the relevant contract for the provision of services provides for a specific date or time period.
>>>End of Information on the Right of Revocation<<<
9. Warranty and Limitations of Liability
9.1 finestvinyl is liable for defects in the delivered goods or services under the relevant statutory provisions of the German Civil Code (BGB) and the German Commercial Code (HGB), taking into account the following provisions.
9.2 Regarding textile and printed goods the following limitation of liability applies:
Potential slight derivations in colour between pictures and delivered products are of a technical nature and do not constitute a defect. We cannot take any liability for defects arising from a failure to follow the washing instructions. Textiles must be washed and dried according to the washing instructions before wearing them for the first time.
9.3 Insofar as not otherwise agreed, the statutory warranty period of 24 months shall apply. If you are an entrepreneur the warranty period for goods delivered by finestvinyl shall be 12 months.
9.4 You are obligated to allow an inspection of the defective goods through finestvinyl.
As an entrepreneur you are legally entitled to demand a cure in the form of a remediation of a defect or the supply of the goods free of defects. In the case of a failure to comply with the cure you are entitled to reduce the price of the goods in question or to cancel the contract. The provision for any kind of statutory warranty rights is the compliance inspection and complaint procedures as detailed in §377 Commercial Code (HGB).
As a consumer you are free to choose between the warranty through cure (remediation of defects or supply of defect free goods), the cancelation of the contract or the reduction of the price. Once you decide on the type of warranty you have to specify a reasonable period of time, insofar as that is not made legally redundant. We are entitled to refuse the chosen cure if this cure is possible only at disproportionate expense or if the supply with defect free goods should not be possible.
9.5 There is no warranty for defects occurring through regular use and improper handling.
We shall cover the costs for the return of rightfully rejected goods. The delivery costs for a replacement shipment are also being borne by us.
9.6 There is no right of compensation. Exempted are damage claims connected to the injury of life, body or health or to the breach of contract as well as the liability for damages arising from an intentional or grossly negligent breach by us. Substantial contractual obligations are defined as those obligations that are necessary for the fulfillment of the contract. Upon breach of contract we are only liable for those damages typical for the contract and foreseeable damages arising from negligence unless there are claims arising from injury of life, body or life.
9.7 There is also no liability for permanent and uninterrupted availability of our webshop. The limitations as set out above are effective for our legal representatives or vicarious agents insofar as they are the subject to any claims.
10. Gift Certificates
The purchase of a gift certificate entails the following:
10.1 The premise for redeeming a gift certificate/woucher code is an active finestvinyl customer account. We send the code electronically to the indicated e-mail address.
10.2 The gift certificate/voucher code is redeemable once for the amount specified. We will redeem the gift certificate/voucher code for whoever enters the code first. There is no payout or rebate outside of a possible right of cancellation. Remaining amounts will be credited to the corresponding customer account.
10.3 The gift certificate is transferrable; however, we are not liable for the loss of the code once the code has been sent to the indicated e-mail address.
10.4 The gift certificate is valid three years from the date of creation; credited remaining amount will be offset against further order and will only expire after the aforementioned period of time.
We have licensed all packaging arising from the business relationship with you as an end consumer according to the Germany packaging ordinance.
12.1 We adhere to the regulations of the German data protection law (BDSG) and the German Telemedia Act (TMG) when dealing with your personal data and are authorized to process and store all data connected to our business transactions under these laws.
12.3 We are furthermore authorized by the law in force to obtain information about your credit status from mercantile credit agencies.
13. Severance Clause
Should any provision of this Terms and Conditions be or become invalid, such circumstance shall not affect the validity of the remaining provisions. In this case the contracting parties agree to replace the invalid provision with a provision that, within the scope of the applicable dispositive law, most closely approximates, from an economic standpoint, what the Parties attended in accordance with the spirit and purpose of the provision that has ceased to apply. The same applies in the event that any addenda to the Agreement should become necessary.
14. Applicable Law/Court of Jurisdiction
For all legal relations, whether contractual or non-contractual or founded on a legal basis, German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Legal provisions by the state of your habitual residence remain unaffected. Insofar as you do not possess a German court of jurisdiction or transfer your place of residence to any country outside of Germany once the contract has been concluded or your place of residence remains unknown at the time of the commencement of a suit, the court of jurisdiction for conflicts is the seat of our company in Solingen, Germany.
Solingen, June 2014