Our business terms

General Terms and Conditions and Consumer Information

§ 1 General Provisions

(1)  The following Terms and Conditions shall apply to all contracts between the customer and VARIA System GmbH, Neefestr. 76, 09119 Chemnitz, Germany - hereinafter referred to as the supplier - which are concluded through varia-store.com, the website of the supplier. Unless otherwise agreed, any contradicting or differing terms and conditions used by the customer are hereby rejected.

(2)  Within the meaning of the following regulations, the term "consumer" applies to every natural person concluding legal transactions for purposes other than those of its trade, profession or business. The term "entrepreneur" applies to any natural person or legal entity or partnership with legal capacity that, when concluding legal transactions, does act in the course of their trade, business or profession.

(3)  Contract language shall be German. The entire wording of the contract will not be saved by the supplier. Before placing a purchase order through the online shopping cart system, the contract data can be saved electronically or printed by using the print function of the browser. Upon receipt of a purchase order by the supplier, the order data, the legally required information about distance contracts as well as the general terms and conditions will be sent to the customer by email.

For quotes requested by letter, email or fax, an email containing the necessary contract data within the framework of a binding offer will be sent to the customer, who may print or electronically save a copy of it.

§ 2 Object of the contract

Object of the contract shall be the sale of goods. The details, especially the main features of the goods, may be found in the item descriptions and the additional information on the website of the supplier.

§ 3 Conclusion of the contract

(1)  The product presentations in the online shop of the supplier are non-binding and do not imply a binding offer to conclude a contract.

(2)  The customer can make a binding offer to buy (purchase order) through the online shopping cart system.
The goods intended for purchase will be stored in the "shopping cart". By clicking the respective button on the navigation bar, the customer can view the "shopping cart" and change its content at any time. After accessing the Checkout page, entering the customer's personal data, and choosing payment and shipping options, the order data will again be displayed on the order summary page.
If the customer chooses to pay by PayPal Express through clicking the PayPal Express button integrated in the shop system, it will be forwarded to the PayPal login page. After successful login to Paypal, the customer's address data and bank details will be displayed. By clicking the Continue button, the customer will be redirected to the online shop of the supplier where it can see their order summary. Here, the customer is given the opportunity to check or change the details of the purchase order before finally placing it (also possible by clicking the Back button in the browser), or to cancel the order altogether.
By placing the purchase order through clicking the Buy Now button, the customer submits a binding offer to the supplier.
The customer will then receive an automatically generated email that confirms receipt of the order, which does not yet lead to a conclusion of a contract.

(3)  The acceptance of the offer (and herewith the conclusion of the contract) will be made either by a written declaration (e.g. email) which confirms the processing of the order or the delivery of the goods, or by consignment of the ordered goods. If the customer does not receive any confirmation of the order or any delivery notification or the ordered goods within 5 days, it will no longer be bound to its order. In this case, amounts already paid shall be reimbursed without undue delay.

(4) Customer requests to purchase goods without using the online shopping cart system made by letter, email or fax are non-binding upon the customer. The supplier will submit to the customer a binding offer in writing (e.g. by email) which the customer may accept within five (5) days.

(5) The transfer of the necessary information in relation to the conclusion of the contract as well as the processing of the order will be made partly automated by email. Therefore, the customer has to make sure that its indicated email address is correct and that the reception of emails is technically ensured and won't be blocked by spam filters.

§ 4 Prices, shipping costs

(1)  All prices given in the respective product descriptions as well as all shipping costs are final prices. They comprise all price components including any applicable taxes.

For deliveries to countries outside the European Union additional tolls, taxes or duties may be due which do not have to be paid to the supplier, but to the appropriate revenue or custom authority. Customers are recommended to request the details at their local revenue or custom authority prior to their order.

(2)  The shipping costs are not included in the purchase price. They are available at the Payment and Shipping page, will be shown separately during the ordering procedure and are to be borne by the customer, unless free shipping is confirmed.

(3)  The customer receives a VAT invoice.

§ 5 Payment and shipping terms

(1)  The payment and shipping terms and conditions are available at the Payment and Shipping page which can be accessed by clicking the respective button in the navigation bar.

(2)  Unless otherwise noted, the payment claims resulting from the concluded contract shall become immediately due and payable.

(3)  If an ordered product should not be available against expectations, despite a timely conclusion of an appropriate cover transaction and due to a reason not attributable to the supplier, the customer will be informed immediately of the unavailability. In case of cancellation of the contract, already settled payments will be reimbursed without undue delay.

(4)  If the customer is a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration during shipping passes to the customer when the thing sold is handed over, irrespective of the shipping being made insured or not.

If the customer is an entrepreneur, delivery and shipping are made at its own risk.

§ 6 Return charges when exercising the right of revocation

In case the customer exercises its right of withdrawal from distance contracts, it is hereby stipulated that the customer has to pay the regular costs of the return if the price of the thing to be returned does not exceed an amount of 40 Euros or, if the price of the thing is higher, the customer has not yet provided any consideration or made a contractual agreed part payment at the time of revocation, unless the goods supplied do not correspond to those ordered. In any other case, the return charges will be paid by the supplier.

§ 7 Right of retention, reservation of title

(1)  The customer may only exercise the right of retention if the receivables result from the same contractual relationship.

(2)  All goods remain the property of the supplier until payment is received in full.

(3)  If the customer is an entrepreneur, the following additional conditions apply:

a)  The supplier reserves the property in the goods until all claims from the current contractual relationship are settled in full. Pledging or security transfer of the reserved goods is prohibited before the transfer of ownership.

b)  The customer may resale the goods in the regular course of business. In this case, the customer hereby assigns all claims amounting to the invoice total resulting from the resale to the supplier who accepts the assignment. The customer is furthermore authorized to collect these receivables. In case the customer does not fulfill its payment obligation properly, the supplier reserves the right to collect these receivables itself.

c)  If the reserved goods are processed or commingled, the supplier acquires co-ownership of the new object in the proportion of the invoice value of the reserved goods to the other goods used at the time of processing.

d)  The supplier undertakes to release collaterals when required by the customer and to the extent by which the liquidable value of the collaterals of the supplier exceed the receivables by more than 10%. The selection of the collaterals which are to be released is incumbent on the supplier.

§ 8 Warranty

(1)  The statutory provisions apply.

(2)  As a consumer, the customer is requested to check the goods immediately on delivery for completeness, apparent defects and damages in transit, and to inform the supplier and the carrier about any complaints as soon as possible. If the customer does not comply with this request, it will not influence the statutory warranty claims.

(3) If the customer is an entrepreneur, the following deviations from para.1 apply:

a)  Solely the details given by the supplier as well as the product descriptions given by the manufacturer are considered as representing the condition of the goods, but not any other types of advertising, public promotions or statements by the manufacturer.

b)  The customer undertakes to check the goods immediately for quality and quantity deviations and to notify the supplier in writing about any apparent defects within seven (7) days after receipt of order. To comply with the time limit, a punctual dispatch suffices. The same applies to later detected latent defects after discovery. In case of breach of duty of inspection, notification and rejection, the raising of warranty claims is excluded.

c)  In case of any defects, the supplier guarantees at its discretion to either rectify the defect or replace the goods. If the remedy of defects fails twice, the customer may at its discretion require a reduction in price or withdraw from the contract. In case of rectification of defects, the supplier need not bear the increased costs which may be incurred when delivering the goods to a place other than the place of performance, provided that the delivery does not correspond to the intended use of the goods.

d)  The period of warranty shall be valid for one (1) year from the date of delivery. The reduced period of warranty shall not apply to culpably caused damages arising out of death, injury to body or health, or damages caused deliberately or through gross negligence, or damages caused by fraudulent conduct which are attributable to the supplier, as well as to rights of recourse as laid down in articles §§ 478, 479 German Civil Code (BGB).

§ 9 Liability

(1)  The supplier shall be fully liable for damages arising out of death, injury to body or health, in all cases of deliberate intention and gross negligence, in case of fraudulent concealment of defects, in case of acceptance of guarantee on condition of the object of purchase, for damages according to the Product Liability Act and in all other cases regulated by law.

(2)  Provided that fundamental contractual obligations are affected, the liability of the supplier in case of slight negligence shall be limited to contract specific, foreseeable damages. Fundamental contractual obligations are fundamental obligation which result from the nature of the contract and whose breach would put the the achievement of the purpose of the contract at risk, as well as obligations which the contract, based on its content, imposes on the supplier to achieve the purpose of the contract, whose fulfillment is a prerequisite for enabling a proper performance of the contract and on whose compliance the customer may regularly rely.

(3)  In case of breach of secondary contractual obligations, the liability for slight negligent breach of duty is excluded.

(4)  By the current state of technology, data communication via the internet can not be guaranteed to work properly and/or to be available at all time. In this respect, the supplier shall not be liable for a constant or continuous availability of the website and its offered services.

§ 10 Choice of law, place of performance, place of jurisdiction

(1)  German law shall apply. The jurisdiction shall apply for the customer only if no mandatory statutory regulations applicable to its state of residence are restricted in any way (benefit-of-the-doubt principle).

(2)  Place of performance for all performances resulting from business relations with the supplier as well as place of jurisdiction shall be the supplier's place of business, insofar as the customer is a merchant, a legal entity under public law or a specialized agency subject to public law. The same applies if the customer has no place of general jurisdiction in Germany or the EU or if its residence or habitual abode is not known at the time the legal action is filed. The permission to take legal action at another legal court of jurisdiction remains unaffected.
 

(3)  The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not be applicable.