General terms and conditions for purchases in the „VISIONARYDARTS“ online shop at https://www.visionary-darts.com

In the following, the contractual conditions are regulated in the context of purchase contracts that are concluded via this online shop between Julian Jirsak, Hesselstraße 6, 48231 Warendorf and the respective buyer.

§ 1 Scope, definition of terms
1. The following general terms and conditions apply to the business relationship between the web shop seller (hereinafter „seller“) and the buyer (hereinafter „customer“) in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed, § 13 BGB. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, § 14 BGB.

§ 2 Conclusion of contract
Where goods are referred to below, this also includes digital products (digital content or digital services) and goods with digital elements, if offered.

1. The presentation of the goods in the online shop does not constitute a legally binding offer, but only an invitation to the customer to submit an offer. The customer can select goods from the seller’s range and collect them in a so-called shopping cart using the button relating to the shopping cart. Using the button required for the conclusion of the purchase contract, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. At any time before placing a binding order, the customer can access the page on which his data was recorded by pressing the „Back“ button in the browser. Input errors can be corrected here. The ordering process can be canceled by closing the internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions and thereby included them in his application.

2. the seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the \“Print\“ function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The contract is only concluded when the seller issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation).
If the customer has chosen a payment method with immediate payment (such as PayPal / PayPal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract comes into effect at the time the payment order is confirmed by the customer. If the customer has chosen the advance payment method, the contract is already concluded if the customer receives a payment request with the corresponding bank details before the seller declares acceptance. With this request for payment, we accept your offer.

3. together with the e-mail (order confirmation) or in a separate e-mail, but at the latest upon delivery of the goods, the customer will be sent the text of the contract and any warranty conditions on a durable medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection. The current GTC of the seller can also be viewed by the customer at any time at https://visionary-darts.com/agb/. Past orders can be viewed in the customer area at https://visionary-darts.com/mein-konto/bestellungen/.

In addition, the following regulations apply within the scope of Click & Collect
4. the presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to the customer to submit an offer.

5. the customer can select products from the seller’s range and collect them in a so-called shopping cart using the button relating to the shopping cart. By clicking the button required to conclude the purchase contract, the customer places a binding order to purchase the goods in the shopping cart. During the ordering process, the customer selects the collection day and time slot.
Before sending the order, the customer can change and view the data at any time. The customer can return to the page on which their data was collected at any time by pressing the „Back“ button in the browser. Input errors can be corrected here. The ordering process can be canceled by closing the internet browser. However, the order can only be placed and transmitted if the customer has accepted these contractual conditions and thereby included them in his application. The purchase contract is concluded upon payment of the purchase price.

6. confirmation of receipt of the order will be sent by automated e-mail. The seller saves the text of the contract and sends it to the customer together with any warranty conditions on a durable medium (e-mail or paper printout).

7. if the customer is a consumer, he is entitled to a statutory right of withdrawal. You can find out more in our revocation policy. 8. the ordered goods shall be provided by the seller and collected by the buyer from the seller’s store on the agreed day and at the agreed time.

§ 3 Production of goods according to customer specifications
We do not manufacture goods according to customer specifications.

§ 4 Beginning of the delivery period, delivery, provision of digital content
1. In the case of payment in advance, the delivery period begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.

2. Delivery is made to the delivery address specified by the customer.

3. If delivery to the customer was not possible and the transport company sends the ordered goods back to the seller, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced this to him a reasonable amount of time in advance .

§ 5 Retention of title
The delivered goods remain the property of the seller until full payment has been made.

§ 6 prices and shipping costs
1. the prices stated on the seller’s website include the applicable statutory value added tax.
If the web store’s offers are aimed exclusively at other entrepreneurs, the prices are subject to the applicable statutory VAT.

2. Shipping and delivery costs incurred are shown during the ordering process and are to be borne by the customer unless otherwise stated.

The following applies to consumers:
3a. The goods are shipped by a transport company commissioned by the seller. The seller bears the shipping risk if the customer is a consumer.

The following applies to entrepreneurs:
3b. The goods are shipped by a transport company commissioned by the seller. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the buyer as soon as the seller has handed over the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment

§ 7 Payment modalities
1. During the ordering process, the customer is shown the available payment options. This can be, for example, payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. During the ordering process, the customer receives further information. Seller may determine the available payment options at its sole discretion.

2. Payment of the purchase price is due immediately after conclusion of the contract if no later due date has been agreed between the parties. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.

The following applies to consumers:
2a. Point 2 shall only apply if the customer has been specifically informed of this legal consequence in the invoice or payment statement. In the event of default, the customer must pay the seller default interest of 5 percentage points above the respective base rate.

The following applies to entrepreneurs:
2 B. In the event of default, the customer must pay the seller default interest of 9 percentage points above the base interest rate.

3. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.

4. vouchers can only be redeemed in the seller’s online store. There is no cash payment or interest. Only one voucher can be redeemed per order. The voucher cannot be used to purchase further vouchers. If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. If there is a remaining balance after redeeming the voucher, this will be automatically credited to the customer account and can be redeemed with the next purchase. If the customer has not created a customer account, the remaining amount remains on the voucher and can be redeemed with the next purchase. The voucher and any remaining credit can be redeemed until the end of the third year after the date of issue. If the voucher or the remaining credit is not redeemed by then, the credit expires. The voucher code must be entered in the fields provided before completing the order. Subsequent offsetting against the voucher is not possible. The voucher is not personal and is therefore transferable, so that the seller can make payment to the respective voucher holder with discharging effect. This does not apply if the holder redeeming the voucher was not entitled to do so and the seller knew this or was grossly negligent in not knowing this. In the event of revocation by the customer, the redeemed value will be credited back to the voucher or – if created – to the customer account. The voucher is made available to the customer as contractually agreed, e.g. by means of downloads.

5. promotional vouchers are issued free of charge and are only valid for a limited period. The customer can find these on the respective voucher. The voucher can only be redeemed in the seller’s online store during this period and only for the goods included in the promotion. The balance of a promotional voucher is neither paid out in cash nor does it bear interest. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the fields provided before completing the order. Subsequent offsetting against the voucher is not possible. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. The voucher is not personal and is therefore transferable, so that the seller can make payment to the respective voucher holder with discharging effect. This does not apply if the holder redeeming the voucher was not entitled to do so and the seller knew this or was grossly negligent in not knowing this. If goods paid for with the voucher are returned in the event of a withdrawal, there is no entitlement to a refund of the voucher. The voucher is made available to the customer as contractually agreed, e.g. by means of downloads.

In addition, the following regulations for payment methods apply within the scope of Click & Collect
Payment is made during the order process using one of the payment methods offered.

§ 8 Warranty for material defects, guarantee
1. The statutory warranty rights apply to all goods from the seller’s shop. The seller is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB.

2. In relation to entrepreneurs, the warranty obligation for newly manufactured items delivered by the seller is 12 months from the transfer of risk. The limitation periods for the seller’s recourse according to § 445a BGB remain unaffected.

3. If there is a guarantee for individual items, this will be expressly pointed out in the item description. The details can be found in the respective guarantee conditions.

4a) In the case of the sale of used goods and/or a refurbished product (this is a refurbished, cleaned and checked product) to a consumer, the limitation period for the assertion of a defect is one year from delivery of the goods. The prerequisite for reducing the limitation period to one year is that the buyer is informed of this before the contract is concluded and that the reduction in the limitation period has been effectively agreed between the seller and the customer before the contract is concluded.

4b) The shortening of the limitation period does not apply in the event that the purchased item is one for which the seller has fraudulently concealed the defect or which has been used for a building according to its normal use and has caused its defectiveness. The same applies in the case of claims for damages and reimbursement of expenses.

4c) There are no warranty rights when selling used items to entrepreneurs.

§ 9 Liability
1. Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

2. In the event of a breach of essential contractual obligations, the seller is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.

3. The restrictions of para. 1 and 2 also apply to the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

4. The provisions of the Product Liability Act remain unaffected.

§ 10 Right of Withdrawal
If the customer is a consumer, he has a statutory right of withdrawal. Further information on the right of withdrawal can be found in the cancellation policy.

§ 11 Notes on data processing
Data protection is particularly important to us. Therefore you will find our detailed data protection declaration separately on our homepage.

§ 12 Code of Conduct
The seller has submitted to the test criteria of the Tested Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfbedingungen_Stand_05.2018.pdf .

§ 13 Force majeure clause
1. in the event of force majeure, the seller cannot guarantee the proper functioning of the webshop.

2. force majeure includes all unforeseeable events which – insofar as they could have been foreseen – are beyond the control of the provider or the participant.

Such events also include Natural disasters such as floods, storm surges, hurricanes to the extent of other severe weather on the scale of a catastrophe, earthquakes, lightning, avalanches and landslides, fire, epidemics, pandemics, epidemics and infectious diseases (if declared by the WHO or a public organization and classified at a risk level of at least „moderate“), war or warlike conditions, civil unrest, military or unlawful seizure of power, official and government orders, strikes and lockouts, fire, ordnance disposal or similar.

3. if such an event occurs, the functioning of the web store may be restricted or fail due to external circumstances. Claims against the seller due to incorrect transmission of orders (submission of an offer) or payment transactions do not lead to claims for damages against the seller for the duration of the event.

Buyers are obliged to inform the seller immediately, but at the latest after 14 days, if an order remains unanswered and/or unprocessed, but the buyers wish to continue with the order. This information must be provided in writing by e-mail or letter, in any case in such a way as to ensure that the seller receives the information letter.

4. after receiving the information about the incorrect or failed order, the seller will contact the supplier to either confirm or reject the order. However, due to unforeseeable events, it cannot guarantee that the ordered product(s) will reach the customer within the specified delivery time. If delivery is not possible within six months of the occurrence of the event, the seller must refund the purchase price to the buyer, including the delivery costs. shipping costs, unless both parties have agreed otherwise. There are no other claims for compensation or payment against the seller.

5. the restrictions of para. 4 shall also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

6 Both parties, seller and buyer, undertake to make every effort to reach an amicable agreement.

§ Section 14 Dispute resolution procedure (if the customer is a consumer)
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr

The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§ 15 Final provisions
1. The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the UN sales law. In the case of orders from consumers from abroad, mandatory regulations or the protection granted by judicial law in the respective country of residence remain in place and apply accordingly.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.

3. The contract language is German.

Copyright notice:
These GTC were created by the contract lawyers of TISKO Consulting GmbH ( https://www.Gepruefter-Webshop.de ) and are subject to copyright protection. Any use other than the contractual agreement or the copying and unauthorized use of the texts is not permitted and constitutes a copyright infringement that will be prosecuted.

Information on the Waste Equipment Ordinance
Law on the placing on the market, return and environmentally friendly disposal of electrical and electronic equipment (Electrical and Electronic Equipment Act – ElektroG)

Note on the Electrical and Electronic Equipment Act (ElektroG):
Please dispose of old devices, as required by law, at a municipal collection point or hand them in at a local retailer free of charge.
Disposal in household waste is strictly forbidden according to WEEE regulation!
You can also return three household appliances (no outer dimensions larger than 25 cm) to us free of charge after use by sending them back to us with sufficient postage to the address given in the imprint.
Old devices that contain harmful substances are marked with the symbol of a crossed-out garbage can. You will also find this information in the documents accompanying the consignment or in the manufacturer’s operating instructions.