AGB - General Terms and Conditions

§1 SUPPLIER AND CONTRACTUAL PARTNER

VIZIO GmbH
Marktplatz 14
78647 Trossingen – Germany

Phone: +49 07424 9751150
E-mail: info@viziotechnik.de

Managing Director: La Spina Giacomo

Stuttgart Local Court registration number HRB 769376

VAT number: DE2106061795
(hereinafter “Vizio” or “We”).

Vizio is an approved online store and has submitted to the Trusted Shops Code of Conduct.

§2 SCOPE OF APPLICATION

These general terms and conditions apply to all business relations between www.viziotechnik.com and the consumer (§ 13 BGB) as a visitor of www.viziotechnik.com (hereinafter referred to as “customer” or “you”) in the respective version valid at the time of the conclusion of the contract. A consumer is any individual/natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.

The sale of our products is intended exclusively for private use in domestic quantities.

The general terms and conditions of Vizio apply exclusively. These General Terms and Conditions shall also apply exclusively if www.viziotechnik.com performs a delivery and service without reservation in the knowledge of terms and conditions that conflict with and/or deviate from these General Terms and Conditions.

Vizio may update or change the Terms and Conditions from time to time. You can view the current version of the Terms and Conditions at any time on our web page www.viziotechnik.com.

For the subsequent change of the Terms and Conditions  within the framework of an existing contractual relationship, the following applies: Vizio will inform the customers about the planned change in due time. If the customer does not object to the amendment within 4 weeks, this shall be deemed to be consent to the amended Terms and Conditions. VIZIO shall specifically point out this consequence of silence for the Customer when notifying the planned changes. If the customer objects to the change of the Terms and Conditions, www.viziotechnik.com is entitled to extraordinary termination.

§3 CONCLUSION OF CONTRACT

You can add an item to the virtual shopping cart using the “Add to cart” button on the product detail page. You can view the contents of the shopping cart at any time by clicking on the “Shopping Cart” button with the shopping cart icon at the top right of the browser window. There you can change the desired quantity or delete the item from the shopping cart again. With the button “Checkout” you initiate the ordering process. You can log in with an existing customer account or create a customer account. Then you can choose the shipping method and payment method and check your order again. You can always go back and correct your entries or cancel the order process by closing the browser window. By clicking the button “Order with obligation to pay” you submit a binding purchase offer and agree to our terms and conditions.

Your order constitutes an offer to Vizio to conclude a purchase contract within the meaning of § 145 ff. BGB (German Civil Code).

You will receive an email confirmation that your order has been received at the email address you provided. This is not yet an acceptance of the order, but is only to inform you that your order has been received and is being processed. Your contract with Vizio is concluded by our explicit acceptance of your offer, for example by sending a separate order confirmation by e-mail, or tacitly by delivery of the goods. By submitting your offer, you agree to electronic invoice transmission.

We reserve the right to cancel your order if we do not receive your payment within four days after sending your binding order.

§4 PRICES

The prices stated on the product pages include the statutory value added tax and other price components. In the case of reduced prices, we indicate the previous reference price to which the reduction relates.

§5 SHIPPING COSTS

Our products can be delivered to Germany, Austria, France, Holland, Belgium, Luxembourg, Italy, Spain, Switzerland, Bulgaria, Norway, Sweden, Denmark, Finland, Lithuania, Lithuania, Slovenia, Croatia, Serbia, Czech Republic, Slovakia and Poland.

Delivery cost may vary depending on your location. Usually we have a unique fix cost for all Europe. All other countries have separate cost which will be indicated separately at the end of your order process.

§6 DELIVERY CONDITIONS AND RESERVATION OF SELF-DELIVERY

Please note that in case of delivery refusal by the customer because he has changed his mind or for a futile reason and if not expressly agreed with VIZIO the cost of shipping, return and repackaging will be deducted from the refund.

  1. Delivery of our articles can be made in paragraph 5 mentioned countries.
  2. Delivery times are indicated with the respective products. Goods offered in the online store are usually in stock and will be delivered within the period specified on the product detail page.
  3. Should the delivery of the goods fail despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you less the costs incurred.
  4. If the ordered product is permanently not available, VIZIO refrains from a declaration of acceptance. A contract is not concluded in this case. If we determine the permanent unavailability only later, for example because this product can no longer be produced by us, we can withdraw from the contract. In this case, we will inform you immediately and, if applicable, reimburse you for any payments already made without delay.
  5. If there are any unexpected delivery delays in the course of your order, we will notify you immediately. In the event of a delay in delivery of more than two weeks, you have the right to withdraw from the contract. In this case VIZIO is also entitled to withdraw from the contract. In this case, any payments already made by you will be refunded immediately.
  6. Vizio assumes no liability for delays in the mail or in transit.

§7 TERMS OF PAYMENT

  1. Payment can be made by:  bank transfer, instant bank transfer, credit card or Paypal

§8 RESERVATION OF OWNERSHIP

The goods remain our property until full payment. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.

§9 RIGHT OF WITHDRAWAL

APPLIES TO A CONTRACT FOR A GOOD OR GOODS DELIVERED AS PART OF A SINGLE SHIPMENT:

CANCELLATION POLICY – RIGHT OF WITHDRAWAL

ATTENTION: Please note that we CANNOT take back products that have been used or connected to the water line. They are products in HYGIENIC SANITARY category, so a used product is strictly excluded from the right of withdrawal! Before you return the product, we would like to suggest that you explain the problem to us in a few words. We may have a simple solution for you and instead of a return, you can fix the problem yourself or make a simple replacement. This may save time, resources and is in for sustainability! 

You have the right to cancel the purchase contract within fourteen days.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform VIZIO GmbH, by means of the withdrawal form attached here, by e-mail to the following addresses: admin@viziotechnik.de and a copy to info@viziotechnik.de, of your decision to withdraw from this contract.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

The seals attached to the water inlets specifically for this purpose serve as a safeguard. If the seal is broken or tampered with, the right of withdrawal expires.

Consequences of revocation:

If you revoke this contract, we request that you return the product you purchased to us unused (!), in its original packaging, complete and undamaged. Make sure that the package is protected in such a way that it cannot be damaged or soiled during transport. Damaged or soiled boxes will be replaced at a flat rate of 25 euros.

Send the product to the following address:

Haas Logistics for VIZIO GmbH
Härdtnerstrasse 2
78655 Dunningen
Tel.: +49 (0)7403 – 9211 – 11

or 

DELLEDONNE LOGISTICA per VIZIO GmbH

Via Aldo Moro 10

13876 Sandigliano (BI)

Italy

Once the product has been checked by us for completeness and any damage, we will return to you all payments received from you, excluding delivery costs, without delay and no later than within fourteen days from the day on which the product is proven to have been received by us.

The repayment will be made via the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

In any case, you bear the costs of delivery / shipment.

You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for testing the condition, properties and functioning of the goods.

SAMPLE CANCELLATION FORM

PDF – RETURN VOUCHER-VIZIO

(If you want to cancel a contract, please fill in all the data that are absolutely necessary)

______ I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
______ Ordered on (*)/received on (*) ______ Invoice number ______Date
______ Name of the consumer(s)
______ Address of the consumer(s)
______ Signature of the consumer(s) (only in case of notification on paper)
______ Date

(*) Delete as applicable.

(2) The right of withdrawal does not apply to delivery,

– of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which have been clearly produced to the personal needs of the consumer,

– of goods which have been used or the original packaging is missing.

(3) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging to provide adequate protection against damage in transit in order to avoid claims for compensation due to damage caused by inadequate packaging.

PLEASE SEND ONLY TO THE ABOVE RETURN ADDRESS OTHERWISE THE PACKAGE MAY BE LOST AND WE DO NOT TAKE RESPONSIBILITY FOR LOST GOODS!

NEVER SEND TO OUR COMPANY ADDRESS AS THERE IS NO GOODS ACCEPTANCE THERE!

PACKAGES SENT TO OUR OFFICE-COMPANY ADDRESS WILL NOT BE PROCESSED!

(4) Please note that the conditions set out in §8 para. (3)-(4) are not a prerequisite for the effective exercise of the right of withdrawal.

§10 TRANSPORT DAMAGE

  1. If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery person and contact us as soon as possible (e.g. by e-mail to customercare@viziotechnik.de or via the contact form in your personal customer area). Thus, we can assert claims against the carrier or the transport insurance.
  2. Failure to file a claim or contact us will result in transport damages not being covered. We ask you to contact us anyway to find a solution.

§11 WARRANTY

For the articles offered in our store the legal warranty rights exist.

§12 LIABILITY

Claims of the customer for damages are excluded. Excluded from this are claims for damages of the Customer from culpable injury to life, body, health or from culpable breach of cardinal obligations (essential contractual obligations, which enable the achievement of the contractual purpose in the first place and on which the contractual partner may rely) as well as liability for other damages, which are based on an intentional or grossly negligent breach of duty by VIZIO, its legal representatives or vicarious agents.
In case of violation of essential contractual obligations VIZIO is liable only for the contract-typical, foreseeable damage and limited to the value of the ordered goods, if this was caused by simple negligence, unless it concerns claims for damages of the Customer from an injury of life, body or health.
The limitations of liability set forth in this § 12 shall also apply in favor of the legal representatives and vicarious agents of www.viziotechnik.com if claims are asserted directly against them. The provisions of the Product Liability Act shall remain unaffected.

§13 DATA PROTECTION

You will find information on data protection when visiting the website in the designated section

§14 FINAL PROVISIONS

  1. Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
  2. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  3. The European Commission provides a platform for online dispute resolution in consumer matters, which you can find under the link to the European Commission’s platform. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.