Version November 2020
1.1 These Terms exclusively govern the relationship between velorian GmbH, Storkower Str. 115A, 10407 Berlin ("we" or "us") and the customer ("you"). No terms of purchase or order provided by you the customer will apply. We reserve the right to alter our Terms from time to time, but only the Terms in force at the time of the conclusion of an order will apply to such order, regardless of any subsequent amendments. In addition to these Terms, any license terms and conditions from or with the manufacturer of a product on Our Site may also apply. Product names and logos are the property of the manufacturers and may not be used without their express permission. Product images appearing on Our Site are provided by way of illustration only and may differ from the products actually delivered.
1.2 Orders and deliveries are possible worldwide.
2.1 The presentation of products on Our Site does not represent a legally binding offer. By clicking the "Buy now" button you place a binding order ("Order") for the goods. Rather, it is a non-committal invitation in the online shop to order goods. By clicking the "Buy now" button you place a binding order ("Order") for the goods. Upon receipt of your Order we will immediately send you an acknowledgement ("Acknowledgment"); however, the Acknowledgment does not constitute acceptance of your Order.
A purchase contract is only constituted if we explicitly declare acceptance of the purchase offer by e-mail (order confirmation) or if we send the goods to you within five days.
2.2 Contract language in Germany is German, in other countries German or English.
3.1 The prices listed on our Site at the time that you place your Order are valid for the delivery of your goods. The prices for consumers indicated in our catalogue and/or our Site include VAT. If the rate of VAT changes, there may be a delay in amending the prices shown on our Site, but we will charge VAT at the rate applicable at the time of the Order. This also applies, if there is a price increase in the book market due to statutorily prescribed fair trade pricing. For deliveries to customers in some European countries we are obliged to charge the country-specific VAT rate. The VAT rates included in the prices correspond to those of the country pre-selected on our Site, insofar as legally required.
3.2 All prices are indicated without shipping costs. The shipping costs are determined in the online shop depending on the weight of packages and the destination country.
3.3 Additional charges such as delivery charges and VAT are shown on invoices next to the individual net price/total net price.
3.4 Special offers featured on our Site may be subject to a time limit or may be quantity-dependent. Details are provided in the product description.
4. The general statutory regulations on the delay in payment shall apply.
5. If the ordered goods are not available at the time of the order, velorian GmbH will immediately inform you and will not accept the order of the goods, so that no contract is concluded. Any payments already made will be refunded immediately. Should part of the order not be available immediately, because velorian GmbH was, without own fault, not supplied on time, although orders with the same cover have been given to reliable suppliers, the rest of the goods will be delivered without charging the additional transport costs as far as this is reasonable for the customer.
The goods remain our property until payment for them has been made by you to us in full.
6.1 In many cases the specific articles (e.g. software) are subject to the manufacturer's license conditions, which apply in addition to these Terms. By opening the sealed package and/or using the product, you accept the manufacturer's license conditions and are liable for the damages resulting from any breach of the same.
6.2 Consumers according to § 13 BGB are entitled to the statutory warranty claims.
7.1 For business customers according to § 14 BGB the warranty period is one year. This period does not apply to claims for damages by the buyer resulting from injury to life, limb or health or from deliberate or grossly negligent breach of duty by the seller or his vicarious agents, which become statute-barred according to statutory regulations.
7.2 velorian GmbH is not liable for slightly negligent breaches of duty, insofar as they do not pertain to essential contractual duties or damages result from injury to the life, limb or health or are substantiate claims in accordance with the German Product Liability Act. velorian GmbH is only liable for damages which are based on fraudulent concealment of the defect or if velorian GmbH has provided a guarantee for the properties of the goods.
7.3 Insofar as velorian GmbH is also liable for slight negligence, the liability is limited to the amount of the damages which are typically foreseeable for this type of contract.
7.4 The exclusion of liability in this clause 11 also applies to the liability of legal representatives, employees and agents of velorian GmbH.
Certain products with US-American origin, which are marketed by velorian GmbH, may be subject to US-American as well as European and German export restrictions. You as a customer agree to comply with all restrictions and regulations of the USA, of Germany/EU and/or all other foreign governments or authorities. You also agree not to supply these products either directly or indirectly to countries which are subject to a trade embargo, or to Companies or individuals who are named in the US Denied Persons List or similar lists.
You as our customer are legally obliged to inform all recipients of such products on the need to comply with these laws and regulations.
8.1 Insofar as you as the customer are a business customer in the sense of Article 14 of German Civil Code, the place of fulfillment for all services owed by both parties from the contract is Berlin, Germany.
8.2 Orders sent multiple times - regardless of the reason - must be clearly identified; otherwise each Order will be treated as a new Order and fulfilled separately. We will not be liable for any costs in such cases.
8.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts Rights or otherwise.
8.4 If individual regulations of these General Terms and Conditions should be partially or wholly invalid, the validity of the remainder of these General Terms and Conditions shall not be affected.
9.1 German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
9.2 The exclusive jurisdiction is Berlin or another legal jurisdiction according to the discretion of velorian GmbH, insofar as you as the customer are a merchant in the sense of German Commercial Code or a corporation under public law.
9.3 If you as the customer are dealing and concluding the contract as a private person, the regulations of the paragraphs 14.1 and 14.2 shall not affect the mandatory legal regulations of the country in which you reside and from which you conclude the contract.
9.4 Since 15 February 2016 the EU Commission provides a platform for settling out-of-court disputes at https://ec.europa.eu/consumers/odr/. This allows consumers to resolve disputes connected with your online order without initial recourse to a court of law. However, in the case of possible disagreements from our contract with you as a customer, it is always our intention to settle these directly with you - quickly and amicably.
We are therefore not participating in the EU's online dispute settlement procedure.
Identifiable address:
velorian GmbH
Storkower Str. 115a
10407 Berlin
Germany
represented by: Eckehard Bahr
mail: contact@velorian.de
fon: +49 (0)30 3643 1679
fax: +49 (0)30 3643 3905
Registered at Amtsgericht Charlottenburg Berlin: HRB 211502 B
VAT: DE327074751.de