1.1 These Terms and Conditions (hereinafter Ts and Cs) of Paket24 GmbH, Regattastr. 55, 12527 Berlin, Germany, trading under the name VIDIAN (hereinafter referred to as “Seller”), shall apply to all contracts concluded between a consumer or business client (hereinafter referred to as “Client”) and the Seller regarding the goods presented on the Seller’s website. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These terms and conditions apply accordingly to the purchase of vouchers, unless otherwise stipulated.
1.3 A consumer pursuant to these Terms and Conditions is any individual who concludes a legal transaction for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any individual, juristic person or judicable partnership that in concluding a legal transaction is acting in the execution
of its commercial or independent business activity.
2) Conclusion of the Contract
2.1 The service descriptions outlined on the Seller’s website do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The contract shall be concluded through offer and acceptance.
2.3 A quotation will be made according to one of the two variants outlined below:
a) As soon as the Client has selected a pattern specified by the seller for a specific IKEA furniture model – regardless of whether he/she chooses one of the specified patterns or would like to send in his own fabric – he/she can submit his/her order via the online order form integrated in to the Seller’s online shop. After the Client has placed the selected goods and / or services into the virtual shopping basket and has gone through the electronic ordering process by clicking the button that concludes the order process (order now), he/she enters in to a legally binding contract in relation to the goods and / or services contained in the shopping basket. In addition, the Client may submit the order to the Seller by telephone, fax, email or post.
b) The Client contacts the Seller and wishes to send in his/her furniture covers so that the pattern can be copied. The Client will do so via the Seller’s website. He/she will first of all (step 1) select the material he desires the furniture cover(s) to be produced in. Then (step 2) he/she will request a shipping label by clicking ‘request shipping label now’. A shipping label will then be sent to the Client by email in printable form. The Client will print out the shipping label and send his/her furniture cover(s) at his/her expense to the Seller. Once the furniture cover(s) (step 3) have arrived the Seller will check them over and make the Client an offer by email. The Client will be sent a link with which he/she is able to view the offer online.
2.4 The acceptance of the offer will then takes place with one of the following occurs:
a) If the order is made according to section 2.3.a) the Seller should accept the Client’s order within 5 days,
- by sending the Client a written order confirmation or an order confirmation in text form (fax or email), in which case the Client receiving the order confirmation is decisive, or
- by delivering the ordered goods to the Client, in which case the Client receiving the goods is decisive, or
- by asking the Client to pay after submitting the order.
If more than one of the above mentioned alternatives occurs, the contract comes into effect depending on which one of the aforementioned alternatives occurs first. If the Seller does not accept the Client’s order within the aforementioned period, this shall be deemed as a rejection of the order with the consequence that the Client is no longer bound by his declaration of intent.
The period for accepting the order begins
- in cases where the Client sends in his/her own material, the day after the Client’s offer has been sent and the Seller has received the Client’s own material;
- otherwise the day after the order is submitted by the Client and ends after five days following the dispatch of the order.
b)In cases such as those outlined in section 2.3 b), the Client can accept the Seller’s offer by email within 7 days by clicking on the link received in the email, viewing the offer online and accepting the offer by clicking the button that concludes the order process (order now). If the Client does not accept the Seller’s offer within the aforementioned period this shall be deemed as a rejection of the offer, with the result that the Seller is no longer bound by his declaration of intent.
The deadline for accepting the offer begins one day after the receipt of the email in which the Seller sends the Client the link to the online offer.
2.5 If the Client places an order as per section 2.3a) and sends in his/her own fabric and then the contract is not concluded, the Client can collect or have the fabric collected from the Seller’s address. Alternatively the Client can request that the material be sent back to him/her. If the Seller sends the fabric back to the Client, the Client is obliged to reimburse the Seller for the direct costs of the return. If the Client contacts the Seller to initiate a contract as per section 2.3b) and the contract is subsequently not concluded (section 2.4b)), the Client may collect / have the fabric collected from the Seller’s address.
2.6 Regardless of the type of contract, the Seller saves the text of the contract as it was displayed in the online form (2.3a), 2.4a)) or on the website. After the contract has been finalised, the Seller will provide the Client with a copy of the current Terms and Conditions, the cancellation policy and the content of the contract in text form (e.g. email, fax or letter). In addition, the text of the contract is saved on the Seller’s website and the Client can access it via his/her password-protected customer account, providing that the Client has created such an account via the Seller’s website before submitting his order.
2.7 Before submitting a binding order via the Seller’s online order form, the Client can continually correct what he/she has entered using the usual keyboard and mouse functions. In addition, all information that’s been entered before the binding submission of the order is displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
When the contact is initiated as outlined in section 2.3b), the Client can correct his/her data up until clicking on the “request shipping label now” button. This can be done using the usual keyboard and mouse functions.
2.8 The contractual language is English.
2.9 Order processing and contact between the Seller and the Client usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the email address he/she provides for the order processing is accurate so that emails sent by the Seller can be received at this address. When using SPAM filters the Client must ensure that all emails sent by the Seller, or by third parties commissioned by the Seller, can be delivered.
3) Cancellation Policy
a. Consumers are entitled to the right to cancel.
b. Further information regarding the right to cancel can be found in the Seller’s cancellation policy.
c. The right to cancel does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union.
4) Prices and payment
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are net prices, which are exclusive of statutory value-added tax. If applicable, any additional delivery and dispatch costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside of the European Union, additional costs may be incurred, which the Seller is not responsible for and which must be borne by the Client. These costs include; costs incurred by transferring money using credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred when transferring funds, even if the delivery is not made to a country outside the European Union, but the Client arranges the payment from a country outside the European Union.
4.3 There are various payment options available to the Client. These are specified on the Seller's website.
4.4 If the Client has opted to pay in advance, the payment is due immediately upon conclusion of the contract.
5. Shipment and delivery conditions
5.1 The goods shall be delivered to the delivery address specified by the Client unless otherwise agreed.
5.2 Goods that are delivered by our transport company will be delivered free of charge to the kerbside closest to the delivery address, unless otherwise stated in the delivery information on the Seller’s website and unless otherwise agreed.
5.3 If the transport company sends the goods back to the Seller, because a delivery to the Client was not possible, the Client bears the cost of the failed delivery. This does not apply if the customer exercises his right to cancel, if he is not responsible for the circumstance that led to the failed delivery or if he was temporarily prevented from accepting the goods. This applies if the Seller failed to communicate the delivery date a reasonable time in advance.
If the Client is a business, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the Client as soon as the Seller has delivered the goods to the transport company or person otherwise responsible for carrying out the shipment.
If the Client is a consumer, the risk of accidental loss and accidental deterioration of the goods is passed on to the Client or authorized person to receive the goods once the delivery has taken place.
Deviating from this: the risk of accidental loss and accidental deterioration of the goods sold to consumers as soon as the Seller has delivered the goods to the transport company or the person or institution otherwise intended to carry out the delivery, if the Client himself has instructed the transport company or institution otherwise responsible for carrying out the delivery and the Seller has not previously designated the person or institution to the Client.
5.5 The Seller reserves the right to withdraw from the contract if the delivery from the supplier is missing, incorrect, nonconforming or untimely. This only applies in the event that the Seller is not responsible for the failed delivery. The Seller will make every reasonable effort to obtain the goods. The Client will be informed immediately if the goods are not available or only partly available. A refund will be processed immediately.
5.6 If the Client wishes to collect the goods, the Seller will inform the Client by email that the goods are ready for collection. The Client may collect the goods upon receipt of the email and after making arrangements with the Seller. In such cases no shipping costs will be charged.
5.7 Gift vouchers will be sent to the Client as follows:
6) Retention of title
6.1 The Seller reserves the right of ownership of the delivered goods until full payment has been received from the Client.
6.2 If the Client is a business, the Seller retains the ownership of the delivered goods until all outstanding bills from the business relationship have been settled.
6.3 If the Client is a business, he/she is entitled to resell the goods in the ordinary course of business. The Client should collect all outstanding receivables (including VAT) from third parties. This assignment applies regardless of whether the goods have been resold with or without alterations. The Client remains authorised to collect receivables even after the assignment. The Seller’s right to collect the outstanding receivables himself / herself remains unaffected. However, the Seller will not collect the receivables as long as the Client complies with his payment obligations is the Seller, does not default on payment and no petition for opening insolvency proceedings has been filed.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this:
-an insignificant defect fundamentally doesn’t justify a claim for defects;
- the Seller has the choice of the type of supplementary performance;
- the limitation period for defects on new goods is one year from the transfer of risk;
- the rights and claims for defects are excluded in the case of used goods;
- the statute of limitations does not begin again if a replacement delivery takes places within the scope of the liability for defects;
7.2 Consumers: the limitation period for claims for faulty used goods is one year from when the customer has received the goods, with exception of the restriction in the following paragraph.
7.3 The limitations of liability and the shortening of the limitation period mentioned above do not apply
- to items that have been used for a building structure not in accordance with their normal use
- to damages resulting from injury to life, limb or health, which are based on a wilful or negligent breach of duty by the Seller or a wilful or negligent breach of duty by the Seller or a wilful or negligent breach of duty by a legal representative or vicarious agent of the Seller,
- to other damages arising from a wilful or grossly negligent breach of duty by the Seller or from a grossly negligent breach of duty by a legal representative or person employed to perform an obligation
- in the event that the Seller has fraudulently concealed the defect.
7.4 In addition, the statutory limitation periods for the right of recourse remain unaffected for businesses.
If the Client is a business client, he/she has 7 working days to report any faults.
7.6 If the Client is a consumer, he / she is requested to report delivered goods with obvious transport damage to the transport company and inform the Seller. This has no effect on the Client’s statutory or contractual claims for defects if he / she does not comply.
8) Liability for defects
The Seller is liable to the Client for all contractual, statutory and tort claims for damages and reimbursement of expenses as follows:
8.1 the Seller is fully liable for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee, unless otherwise stipulated.
8.2 If the Seller negligently breaches an essential contractual obligation, the liability is limited to the damage typical to the contract, foreseeable damage, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to the content of the contract for the purpose of achieving the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the Client can regularly rely.
8.3 The liability of the Seller is incidentally excluded.
8.4 The above liability regulations also apply with regard to the Seller’s liability for vicarious agents and legal representatives.
9) Redeeming special offer vouchers
9.1 Vouchers that are issued by the Seller free of charge as part of online promotions, that are valid for a specific period and that cannot be purchased by the Client (hereinafter special offer vouchers), can only be redeemed via the Seller’s website and only during the specified period.
9.2 Individual products may be excluded from the special offer voucher campaign, provided that the restriction is mentioned in the content of the special offer voucher.
9.3 Special offer vouchers can only be redeemed before the order process has been completed. It is not possible to subsequently redeem the special offer voucher.
9.4 Several special offer vouchers can be redeemed when ordering.
9.5 The value of the goods must be at least equal to the amount of the special offer voucher. The Seller will not refund any remaining balance.
9.6 If the value of the special offer voucher is insufficient to cover the total amount of the order, one of the remaining payment methods offered by the Seller may be selected to settle the difference.
9.7 The balance of a special offer voucher will not be paid out in cash and it won’t gather interest.
9.8 The special offer voucher will not be refunded if the Client pays for the goods in full or partially with the special offer voucher and then returns the goods in accordance with his/her statutory right to cancel.
9.9 The special offer voucher is only intended for use by the person named on it. The special offer voucher is non-transferable. The Seller is entitled, but not obliged, to check the eligibility of the voucher holder.
10) Redeeming gift vouchers
10.1 Vouchers that can be purchased via the Seller’s website (hereinafter referred to as “gift vouchers”) can only be redeemed via the Seller’s website, unless otherwise stated on the voucher.
10.2 Gift vouchers and the remaining credit on gift vouchers are redeemable until the end of the third year after purchase.
10.3 Gift vouchers can only be redeemed before the order process has been completed. It is not possible to subsequently redeem gift vouchers.
10.4 Several gift vouchers can be redeemed when ordering.
10.5 Gift vouchers can only be used to purchase goods and not for the purchase of additional gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the amount of the order, the Client can choose one of the remaining payment methods offered by the Seller to settle the difference.
10.7 The balance of a gift voucher will not be paid out in cash and it won’t gather interest.
10.8 The gift voucher is only intended for use by the person named on it. The gift voucher is non-transferable. The Seller is entitled, but not obliged, to check the eligibility of the voucher holder.
11) Applicable law
11.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the Seller and Client, excluding the laws governing the international purchase of moveable goods. This choice of law applies to consumers only to the extent that the protection granted is not withdrawn by the mandatory provisions of the law of the state in which the consumer has his / her habitual residence.
11.2 Furthermore, with regard to the statutory right to cancel, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union.
12) Place of jurisdiction
If the Client is a merchant, a legal entity under public law, or a special fund under public law, domiciled in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship between the Client and the Seller. If the Client is located outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims relating to the contract can be attributed to the occupational or commercial activity of the Client. However, in the above cases, the Seller is entitled to call upon the appropriate court at the Client’s place of business.
13) Code of conduct
The Seller meets the Trusted Shops quality criteria. The criteria are listed here: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf
14) Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution. This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts that involve a consumer.
The platform can be found here: http://ec.europa.eu/consumers/odr
The Seller is neither obliged or willing to participate in a dispute settlement procedure before a consumer arbitration board
Cancellation Policy & Cancellation Form
Consumers are entitled to the right of cancellation according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominately not attributed to a commercial or independent professional activity:
A. CANCELLATION POLICY
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.
To exercise the right to cancel, you must inform us (Paket24 GmbH, Regattastr. 55, 12527 Berlin, Germany, Tel.: +44 20 38083682, Fax: +49(0)30364363229, E-Mail: Email: firstname.lastname@example.org ) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
It is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired to meet the cancellation deadline.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us or Paket 24 GmbH, Zentrallager, Linther Str. 5-7, 14822, Linthe, Germany without delay and in any case no later than fourteen days from the date on which informed us of the cancellation of the contract. The deadline is met if you send the goods before the deadline of fourteen days.
Unless the goods are faulty, you bear the direct costs of returning the goods. The direct costs of returning goods which are unsuitable for a return shipment by post, due to their nature (goods delivered by transport agency), are estimated at between £50 and £200.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion and/or premature expiration of the right to cancel
The right to cancel does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the person needs of the consumer.
The right to cancel expires prematurely in contracts for the delivery of sealed goods, which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery.
The right to cancel does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union.
1) Please avoid damage and contamination of the product. Please return the goods and corresponding accessories in their original packaging. If necessary, please use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for adequate protection against damage during transport.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.:
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is on paper)
(*) Delete as appropriate
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