1. Scope of application
These General Terms and Conditions apply exclusively to all contracts concluded between VERTICAS Service GmbH (hereinafter "VERTICAS") and private consumers (hereinafter “customers”). Customers are defined as users who have access to the online shop https://merchandise.kia-shop.eu via registration and given consent.
2. Conclusion of contract
The purchase contract is concluded with VERTICAS Service GmbH.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. By clicking the order button, you place a binding order of the goods contained in the shopping basket. The confirmation of the receipt of your order is made by e-mail immediately after sending the order and does not constitute a contract acceptance. We can accept your order by sending a declaration of acceptance in separate e-mail or by delivery of the goods within 2 days.
2.1 Ordering and delivery
Your order will be triggered by you when you activate the "Confirm - Buy Now" button in the dialog box. Up to this point, you can correct or delete all information and goods in the shopping basket. We confirm the receipt of your order by means of an automatically generated e-mail. This mail is not equivalent to any delivery or order confirmation by VERTICAS Service GmbH. A purchase contract is only concluded by express declaration of acceptance or by the delivery of the goods by VERTICAS Service GmbH. In the automatically generated e-mail, your order data, our terms and conditions as well as your explanation will be sent to the right of cancellation.
If the goods ordered by you are not available, we cannot accept a declaration of acceptance, a contract does not come about in such cases. We will notify you immediately and refund any payments already received. In such cases, VERTICAS Service GmbH is not obliged to deliver, but reserves the right to provide an equivalent service in terms of quality and price.
These delivery dates are always non-binding, unless these have been confirmed in writing as binding. Compensation for late delivery is excluded in all cases, unless intent or gross negligence exists.
DHL performs a simple delivery attempt.
Lithium batteries and cells are always classified as dangerous goods. They are classified under dangerous goods class 9 as "various dangerous substances and objects" and are subject to special transport regulations. Consequently, the transport of lithium batteries and cells is subject to the various regulations for the transport of dangerous goods.
3. Prices, terms of payment
3.1. The gross ticket price published in the online shop and the shipping and packaging costs flat rate currently amounting to 6,55 EUR (within Germany) per package up to 20 kg.
3.2. The payment of the ordered goods is made according to the method of payment indicated on the order. The delivery is made exclusively to a delivery address indicated by the purchaser. In the case of deliveries abroad, other shipping costs apply which differ according to country groups. We reserve the right not to deliver certain articles abroad or to certain countries. We offer the following payment methods:
- Credit card
The purchase price is always due immediately.
3.3. The payment terms are immediately against credit card or PayPal without any deduction.
If, in the case of the payment method by means of bank withdrawals due to incorrect entry of the data or contradiction by the customer, a back-up note including the fee of the credit institution should arise, Vertica's service reserves the further charge of this fee to the customer.
3.4. If the buyer uses a voucher code within the scope of an order, this must be entered and activated during the order process when the order is placed. It is not possible to activate or settle a voucher code for orders placed later. Only one voucher code can be activated per order. A cash payment or other payment of the voucher code is not possible. The publisher decides on the amount and scope of the coupon code. Publisher is a brand of the Kia Motors Europe GmbH. Unused amounts of a unique coupon code expire. If the entry of a coupon code results in the limits for a quantity surcharge being reached again, this surcharge is not calculated. If a code does not work for technical reasons, a replacement can be requested from the publisher of the code. Transport costs cannot be charged via a voucher code.
3.5. If VERTICAS becomes aware of service circumstances which indicate an impairment of the customer's creditworthiness or insolvency, further deliveries may be made subject to an advance payment of the remuneration.
4. Right of revocation
If you are a consumer (ie, according to the legal definition in §13 BGB, a natural person who makes the order for a purpose which cannot be attributed predominantly to either her commercial or self-employed occupation), you are entitled to a right of revocation to.
In the following, you will receive an indication of the prerequisites and consequences of the statutory right of revocation in the case of dispatch and orders as a consumer.
------------------ Right of withdrawal ------------------
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, other than the carrier, has or has taken possession of the goods; Or in the case of partial deliveries, the last transmission or the last piece.
To exercise your right of revocation, you must:
Verticas Service GmbH
Schöne Aussicht 59
Fax: 0611 98625-97
By means of a clear statement (for example, a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. If you use this option, we will send you a confirmation of the receipt of such a revocation immediately (eg by e-mail).
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise with you, in no case will you be charged for these repayment fees.
We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days.
No matter the value of the goods to be returned, the customer shall bear the cost of returning the goods to Verticas.
They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the nature, characteristics and functioning of the goods.
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Click here for the revocation form: Download
The statutory warranty claims exist for all offered articles.
6. Proprietary reservation
The goods remain the property of VERTICAS Service GmbH until full payment has been received.
8. Severance clause, jurisdiction, other
8.1. Should individual provisions of these General Terms and Conditions of Business be or become invalid, the effectiveness of the contract or of the General Terms and Conditions shall remain unaffected.
8.2. German law applies to the exclusion of the UN purchase law and collision-law provisions of German law.
8.3. If the customer is a merchant, Wiesbaden is deemed to be the place of jurisdiction. VERTICAS Service GmbH is entitled to sue against the customer at its general court.
8.4. Subsidiary agreements, amendments or additions to the contract, including the abolition of this clause, require the written form.
9. Mediation procedure of the EU Commission
Click here to go to the EU Commission:http://ec.europa.eu/consumers/odr/