Terms and Conditions
General terms of sale for www.valtrashop.com as of June 2011
1. Scope of Application: The following General Terms and Conditions apply accordingly to the exclusion of any other General Terms and Conditions for the business relationship between you and us. Decisive here is the version valid at the time of your order. Any rights that we are entitled to according to statutory provisions beyond these General Terms and Conditions remain unaffected here of.
2. Conclusion of the contract
(1) With your order, you are submitting an offer to enter into a purchase contract. The purchase contract begins when we have sent you an order confirmation or the ordered goods have been shipped to you. Confirmation of the receipt of your order does not constitute acceptance of your offer. It solely serves to inform you that your order has been received.
(2) We sell the goods available within the scope of our internet offering only in regular consumer quantities.
3. Revocation information for consumers: German Civil Code § 13 BGB
(1) Right of revocation: You may revoke your declaration to conclude a purchase contract without indicating reasons within a period of two weeks in writing (e.g. letter, fax, e-mail) or, if you receive the goods before the end of this period, by sending back the goods. The grace period for revocation begins earliest upon receipt of the goods and this notification by the recipient (in case of rearing deliveries of the same type of goods not before receiving the first partial delivery) and not before we have met our information duties and other duties as defined by Civil Code (§ 312c sec 2 BGB in conjunction with § 1 sec. 1, 2 and 4 BGB-InfoV as well as § 312e sec 1 clause 1 BGB in conjunction with § 3 BGB-InfoV) The revocation grace period is met by sending the claims and returns form and returned item(s) in due time. Send the revocation/cancellation using the UPS returns label provided.
(2) Revocation consequences: In the event of an effective/valid revocation, each party returns the benefits received to the other party including such benefits as interest, etc. If you are unable to return the received benefits in their entirety or partially or only in worse or diminished condition, you may have to reimburse us for the value of the benefit.. You can avoid the duty for reimbursing the value of an object for a diminishment of the object due to the intended use of the object by not using the object as if it were your property and foregoing any actions that would diminish its value. Delivery costs of returns from within the EU are paid by AGCO. Obligations to reimburse payments must be met within 30 days. The revocation grace period starts for you as soon as your revocation declaration or the goods or object is sent, for us upon receipt there of.
(3) Special instructions: A right for revocation according to § 312d sec. 4 no 1 BGB does not exist if the delivered goods were customized according to customer specifications or are clearly tailor-made for the personal needs or requirements of the customer or if the goods or objects are unsuitable for return due to their nature or characteristics.
4. Delivery, prices, shipping costs and retention of title
(1) Orders and deliveries are only possible within the European Union and Switzerland. Unless explicitly agreed otherwise, the goods will be delivered from our warehouse, or the warehouse of one of our suppliers, to the address you have specified.
(2) Our prices include the value added tax and are only valid for orders within the scope of our internet service. The prices in effect at the time of your order are valid, unless, the prices at the time of our order confirmation or dispatch of the goods are more favourable for you.
(3) For shipping costs for delivery of goods see Delivery Conditions
(4) If goods are delivered COD, we charge you, in addition to the costs in sec. 3, a COD charge. Please see Delivery Conditions for these charges.
(5) We guarantee you fast processing of your order. Unless explicitly agreed otherwise, information about the delivery date are non-binding.
(6) We have the right to change the products offered or remove them from the range of goods before conclusion of the contract. If we are not able to deliver the ordered items due to unavailability, we will inform you about the unavailability before accepting the order. We can also cancel a purchase contract. Your legal claims remain unaffected.
(7) The purchased goods remain our property until full payment has been received. You are only entitled to set-off if your counterclaims have been legally recognised, undisputed or recognised by us. You are only entitled to exercise right of retention, if your counterclaim is based on the same contractual relationship.
(1) Payments shall be made per credit card, COD or direct debit authorisation. Depending on the credit rating of the customer, we reserve the right to deliver goods only against immediate payment upon delivery or cash on delivery. In individual cases, we reserve the right to require advance payment, especially for the delivery of addresses outside of Germany or for customers with a billing address outside of Germany. In these cases, we will inform you accordingly before the goods are delivered.
(2) The totals invoiced are due for payment without deduction after receiving the particular invoice.
(3) In case of a delay of payment on your part, we can demand that you pay default interest of 5% above the base rate of the European Central Bank. In case of a delay in payment on your part, we have the right to levy a fixed charge of € 5.00 per payment reminder in addition to the above-mentioned interest. You are entitled to prove that the costs for the payment reminder did not accrue or have not accrued in the amount demanded. The proof of higher default damages remain unaffected here of.
(4) The Customer may only make a set -off against our purchase price claim with counter claims that are either determined by final judgement or not disputed by us. Exercising a right of retention is only possible with such counter claims based on the same contractual relationship.
6. Claims for defects and liability
(1) Legal provision (§§434 ff.BGB Civil Code) take effect if there are defects in the purchased goods. Thereafter, for any defects that occur on the purchased goods before the expiration of the legal warranty, you may choose any of the actions to which you are entitled: supplementary performance in the form of repair/product replacement, as well as, assuming all legal requirements have been fulfilled, further entitlement to a reduction in the price, withdrawal from the purchase contract, and/or compensation for damages including related futile expenditure.
(2) In so far as we have offered you a sellers warranty, the details there of will be stated in the warranty conditions that were endorsed in the delivery of the purchased goods. With respect to the customers warranty claims, the statutory provisions shall apply.
(3) Any assignment of claims for defects or warranty claims is not possible.