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
If goods are mentioned 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 receipt of the customer’s order is confirmed together with the acceptance of the order immediately after it has been sent by an automated e-mail. With this e-mail confirmation, the purchase contract has come about.
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. The text of the contract and any warranty conditions will be sent to the customer on a durable medium (e-mail or paper printout) with the e-mail (confirmation of receipt and acceptance of the order) or in a separate e-mail, but no later than upon delivery of the goods. The text of the contract is stored in compliance with data protection.
The current terms and conditions 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/orders/.

§ 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 do not include VAT. or including the applicable statutory sales tax.

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 passes to the buyer as soon as the seller has handed over the item to the forwarding agent, carrier or other person or institution responsible for carrying 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 only applies if the customer has been specifically informed of this legal consequence in the invoice or payment schedule. 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.

§ 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) If used goods are sold to a consumer, the limitation period for asserting 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 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. More 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.

§ 14 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.

These terms and conditions were created by www.gepruefter-webshop.de and are regularly checked for legal certainty.

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.