Terms and conditions

GENERAL TERMS AND CONDITIONS
Vicogo GmbH, Oldenburg (Oldb.)
Status: 1.9.2024

§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us,

Vicogo GmbH (registered office: Oldenburg (Oldb.)),
 Karlstraße 19, 26123 Oldenburg (Oldb.),
 registered in the Commercial Register of the Local Court of Oldenburg (Oldb.) HRB 211910,
 represented by its managing director John-Hendrik Viertelhaus,
 Telephone: +49 441 212178-70,
 E-mail address: support[at]boddels.de (hereinafter: “Vicogo”)

and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the concluded contract result in particular from these terms and conditions and our written order confirmation.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.
(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online store, on our website, in advertising brochures, on advertising flyers or in catalogs does not constitute a binding offer to conclude a contract.
(2) By sending an order via our online store by clicking on the button “order with obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order. An order placed in writing, by telephone or by e-mail also constitutes a binding offer on your part, which we can accept within two (2) weeks of submission by sending an order confirmation or the ordered goods. Your right to revoke your order in accordance with § 3 remains unaffected by this.
(3) We will confirm receipt of your order immediately, usually by e-mail. Such confirmation does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items. As a rule, acceptance takes place by means of a declaration of acceptance on our part known as an order confirmation.
(5) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not available, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.
(6) We shall not be liable for obvious errors, typographical errors and miscalculations in the documents submitted by us or which can be viewed via the Internet. The customer is obliged to inform us of such errors so that our order confirmation or invoice can be corrected. This also applies to missing documents.
(7) If the customer is a merchant, he must immediately object to any deviations from what was previously discussed in the order confirmation. If the commercial customer fails to do so, the contract shall be deemed to have been concluded in accordance with the content of the order confirmation.

§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions for distance selling contracts.
(2) If you as a consumer make use of your right of withdrawal in accordance with paragraph 1, you must bear the direct costs of the return shipment.
(3) In all other respects, the right of withdrawal shall be governed by the provisions set out in detail in the following

W I D E R R E C O N S O L U T I O N S
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
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.
In order to exercise your right of withdrawal, you must inform us [Vicogo GmbH with registered office in Oldenburg (Oldb.), Karlstraße 19, 26123 Oldenburg (Oldb.), registered in the commercial register of the Oldenburg (Oldb.) district court, HRB 206183. ) HRB 206183, represented by the managing director John-Hendrik Viertelhaus, telephone: +49 441 212178-70, e-mail address: support[at]boddels.com] by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use 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 any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

- End of the withdrawal policy -

The right of withdrawal does not apply to distance contracts
a. for the delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature,
b. for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

§ 4 Delivery and return shipment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery time depends on the type and scope of the order. We will inform you of the approximate delivery period in the order confirmation.
(3) The delivery periods stated by us are non-binding. If we do not deliver the goods at the latest two weeks after the stated delivery time, the customer may request us to deliver within a reasonable period and, if this period expires without delivery, withdraw from the contract. The delivery time shall be extended in cases in which we are not responsible for the impediments to performance, in particular in the event of disruptions to energy supply or traffic, the imposition of an embargo, operational disruptions, labor disputes, delayed or failed self-supply and in other cases of force majeure by the duration of the respective impediment to performance. If fulfillment of the contract becomes impossible for the aforementioned reasons, we shall be released from the obligation to deliver.
(4) In the case of orders from customers with a place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.

§ 5 Prices and shipping costs
(1) All prices quoted for our products are gross prices including statutory VAT and do not include shipping costs. For customers outside the EU, gross applies to net.
(2) The shipping costs are - as far as the calculation is possible in advance - also indicated in our prices. The price including VAT and - insofar as calculation is possible in advance - any shipping costs incurred will also be displayed in the order form in our online store before you send the order.
(3) If we fulfill your order in accordance with § 4 para. 1 by means of partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery. We are also entitled to charge shipping costs for each partial delivery if a uniform delivery would not have resulted in lower costs.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see § 3 para. 3 for other consequences of revocation).

§ 6 Payment
(1) The purchase price and shipping costs are to be paid within two (2) weeks of receipt of our invoice by bank transfer to our account specified on the invoice, unless otherwise agreed.
(2) In the case of a direct debit authorization, you authorize us to collect the full invoice amount including any delivery/shipping costs from the account specified by you. In the case of payment by credit card, you authorize us to make a corresponding debit via the credit card company specified by you. The collection or debit will be initiated with the shipment of the goods. Any direct debit authorization granted shall also apply to further orders until revoked.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
(4) As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Retention of title
(1) The delivered goods shall remain our property until the purchase price has been paid in full.
(2) If the customer is an entrepreneur, the following shall apply:
a. The delivered goods (reserved goods) shall remain our property until all claims to which we are entitled against the buyer now or in the future, including all current account balance claims, have been settled. If the buyer acts in breach of contract - in particular if he is in arrears with the payment of a claim for payment - we have the right to withdraw from the contract after we have set a reasonable deadline for performance. The transportation costs incurred for taking back the goods shall be borne by the Buyer. If we take back the reserved goods, this shall already constitute a withdrawal from the contract. It shall also constitute a withdrawal from the contract if we seize the reserved goods. We may utilize reserved goods taken back by us. The proceeds of the realization shall be offset against the amounts owed to us by the buyer after we have deducted a reasonable amount for the costs of the realization.
b. The buyer must treat the reserved goods with care. He must insure them adequately at his own expense against fire, water and theft at replacement value.
c. The buyer may resell the reserved goods in the ordinary course of business as long as he is not in default of payment. However, he may not pledge the reserved goods or assign them by way of security. The buyer hereby assigns to us in full by way of security the buyer's claims for payment against his customers arising from the resale of the reserved goods as well as those claims of the buyer in respect of the reserved goods which arise for any other legal reason against his customers or third parties (in particular claims in tort and claims for insurance benefits), including all current account balance claims. We accept this assignment.
d. The buyer may collect these claims assigned to us for his account in his own name on our behalf as long as we do not revoke this authorization. This shall not affect our right to collect these claims ourselves; however, we shall not assert the claims ourselves and shall not revoke the direct debit authorization as long as the Buyer duly meets its payment obligations.
e. However, if the Buyer acts in breach of contract - in particular if it is in default of payment of a claim for payment - we may demand that the Buyer informs us of the assigned claims and the respective debtors, notifies the respective debtors of the assignment and hands over to us all documents and provides all information that we require to assert the claims.
f. In the event of seizure of the reserved goods by third parties or other interventions by third parties, the Buyer must draw attention to our ownership and must inform us immediately in writing so that we can enforce our ownership rights. If the third party is unable to reimburse us for the court or out-of-court costs incurred in this connection, the Buyer shall be liable for such costs.
g. If the buyer so requests, we are obliged to release the securities to which we are entitled to the extent that their realizable value exceeds the value of our outstanding claims against the buyer by more than 10%. However, we may select the securities to be released.

§ 8 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. In the event that the buyer is an entrepreneur (a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or independent professional activity when concluding the legal transaction), its claims and rights due to defects shall expire one year after delivery of the goods to the customer.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.
(3) In the event of a defect, if you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), if and insofar as the requirements of the statutory provisions on rights in the event of defects are met, you have a claim to subsequent performance in accordance with §§ 437 No. 1, 439 BGB. As a consumer, you have the choice in this case as to whether subsequent performance is to take the form of rectification (repair) or replacement (delivery of a new item). Vicogo is entitled to refuse the chosen type of supplementary performance if this is only possible at disproportionate cost and the other type of supplementary performance is without significant disadvantages for you.

(4) If, on the other hand, the buyer is an entrepreneur, Vicogo is entitled, at its own discretion, to provide subsequent performance by repair or replacement.
(5) The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs, shall be borne by us if a defect actually exists. Otherwise, we may demand reimbursement from the Buyer for the costs arising from the unjustified request to remedy the defect (in particular inspection and transport costs), unless the lack of defectiveness was not recognizable to the Buyer.
(6) The other warranty rights of the Buyer in the event of defects, as defined in § 437 No. 2 and 3 BGB, shall remain unaffected by the above provisions. In particular, the Buyer may withdraw from the purchase contract or reduce the purchase price if the subsequent performance has failed or if a reasonable deadline to be set by the Buyer for the subsequent performance has expired unsuccessfully or is dispensable according to the statutory provisions. In the case of an insignificant defect, however, there is no right of withdrawal.
(7) The easing of the statute of limitations associated with the periods regulated in these paragraphs does not apply if Vicogo is liable in accordance with § 9 of these GTC or if the right in rem of a third party is affected, on the basis of which the return of the delivery item can be demanded. The rights of recourse of entrepreneurs regulated in §§ 478, 479 BGB also remain unaffected.

§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability and also by any and all limitation relief in § 8.

§ 10 Copyrights
We have copyrights to all images, films and texts that are published as part of the product descriptions. Use of the images, films and texts is not permitted without our express consent.

§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, namely Oldenburg (Oldb.). Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

§ 12 Dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Vicogo GmbH,
Registered office: Oldenburg (Oldb.),
Business address: Karlstraße 19, 26123 Oldenburg (Oldb.),
Register: Local Court Oldenburg (Oldb.) HRB 206183,
Managing Director: John-Hendrik Viertelhaus,
Telephone: +49 441 212178-70/ e-mail address: support[at]boddels.de
VAT ID No.: DE280073673