Terms and condition

TERMS OF SERVICE

Terms and Conditions | Version: 1.01 | Valid from: 25.09.2020

The following general terms and conditions (GTC) apply to the contracts concluded between the customer and 2VIBE via the online shop of the company 2vibe GmbH (hereinafter: 2VIBE) under the domain www.2vibes.me.

1. General provisions

1.1

Customers can be both consumers and entrepreneurs.

1.1.1

A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.

1.1.2

An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.

1.2

The contract language is German.

2. Conclusion of the contract

2.1

The products listed on the 2VIBE website represent an invitation to the customer to submit an offer by the customer.

2.2

By sending the order from the virtual “shopping cart” by clicking the “order with obligation to pay” button, the customer submits a binding order for the item (s) contained in this shopping cart.

2.3

2VIBE will immediately confirm receipt of the order to the customer by email (so-called confirmation of receipt).

2.4

2VIBE is entitled to accept the customer's contract offer within two working days of receipt of the order.

The contract is concluded when the customer receives the order confirmation from 2VIBE.

3. Contract text storage

The contract text is saved; However, it is no longer available on the website after the order has been sent. However, 2VIBE notifies the customer of the content of the contract with the order confirmation in text form.

4. Prices / terms of payment

4.1

All stated (purchase) prices represent total prices - i.e. they contain all price components including applicable sales tax.

4.2

Unless otherwise agreed in individual cases, the purchase prices plus delivery and shipping costs apply; the amount is EUR 4.90, unless and unless otherwise agreed in individual cases.

4.3

2VIBE accepts the payment methods detailed in the online shop. The customer chooses his preferred payment method from the available payment methods. 2VIBE occasionally uses external service providers to process payments (payment service provider: PayPal). In the case of payment via PayPal or bank transfer, the customer undertakes to pay the purchase price plus delivery and shipping costs at the latest five working days after receipt of the payment request without deduction. The account information will be communicated together with the request for payment.

5. Terms of delivery and dispatch / assumption of risk

5.1

The items purchased by the customer are delivered - unless otherwise agreed in individual cases - by shipping to the delivery address provided by the customer. The customer must provide the delivery address correctly and completely.

5.2

In the case of payment via PayPal or bank transfer, the items purchased by the customer are shipped within one working day after receipt of payment by 2VIBE. The delivery period within which the transport company delivers the goods is two to four days after receipt of payment, unless a shorter or longer period is expressly indicated in connection with the item offer.

5.3

If the customer so requests, 2VIBE sends the sold item to a

place other than the place of performance, the risk passes to the customer as soon as 2VIBE has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. In the case of customers who are consumers, this applies with the proviso that the risk of accidental loss and accidental deterioration is only transferred to the consumer if the consumer also includes the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment has commissioned the execution and 2VIBE has not previously named this person or institution to the consumer. In other cases the risk of accidental loss and accidental deterioration does not pass to the customer until the goods are handed over to the customer. The handover is the same if the customer is in default of acceptance.

6. Right of withdrawal and consequences

Consumers have a right of withdrawal for distance contracts in accordance with Section 355 of the German Civil Code (BGB). As a consumer, you therefore have the right to revoke your contract declaration in accordance with the following cancellation policy:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not a carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must send a clear declaration to us (2vibe GmbH, Albert-Schweitzer-Str. 8 in D-78120 Furtwangen / Telephone: +49 (0) 7723–9149716 / E-Mail: info@2vibes.me) (e.g. a letter sent by post or email) of your decision to withdraw from this contract.

You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day deadline. You 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 to check the nature, properties and functionality of the goods.

Non-existence or premature expiry of the right of withdrawal

According to Section 312 g (2) No. 3 BGB, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

The right of withdrawal expires prematurely in accordance with Section 312 g (2) No. 6 BGB for contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

The right of withdrawal does not apply to contracts for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts, in accordance with Section 312 g (2) No. 7 BGB.

7. Rights of the customer in the event of defects in the purchased item (warranty)

When purchasing goods, customers are entitled to statutory warranty rights for the goods. In the event of defects in a (purchased) item, customers have the right to assert warranty rights - according to the statutory warranty provisions. There is no guarantee in the event of damage caused by improper use or treatment of the item by the customer.

8. Retention of title

Deliveries of goods are subject to retention of title. Delivered goods remain the property of 2VIBE until the purchase price has been paid in full.

9. Liability provisions

9.1

According to the statutory provisions, 2VIBE is fully liable for damage to life, limb or health that is based on an intentional or negligent breach of duty as well as for other damage that is based on an intentional or grossly negligent breach of duty or malice. In addition, 2VIBE is fully liable for damages that are covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act, as well as in the event of assumption of guarantees.

9.2

2VIBE is liable for damage that is not covered by Section 9.1 and that is caused by simple or slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the customer regularly may trust (so-called cardinal obligations).

9.3

In the event of slightly negligent breaches of contractual obligations that are neither covered by Sections 9.1 nor 9.2 (so-called insignificant contractual obligations), 2VIBE is liable to consumers - however, this is limited to the foreseeable damage typical for the contract.

9.4

Any further liability is excluded.

10. Online Dispute Resolution / Alternative Dispute Resolution

10.1

According to Regulation (EU) No. 524/2013, the European Commission provides a European platform for the settlement of disputes between consumers and resident in the European Union via an interactive website that can be accessed electronically in all official languages of the institutions of the European Union available to entrepreneurs established in the European Union who result from the online sale of goods or the online provision of services (so-called OS platform / URL: http://ec.europa.eu/consumers/odr/) . In order to submit a complaint on this so-called OS platform, consumers have to fill out an electronic complaint form. The individual information that must be provided when filing a complaint is listed in the annex to Regulation (EU) No. 524/2013.

10.2

2VIBE is neither obliged nor willing to participate in dispute settlement procedures before a consumer arbitration board in accordance with the Consumer Dispute Settlement Act (VSBG).

11. Final provisions

11.1

The law of the Federal Republic of Germany.

11.1.1

For consumers who do not conclude the contract for professional or commercial purposes, the choice of law according to Section 11.1 only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11.1.2

The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) do not apply.

11.2

If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is 2VIBE's registered office. The same applies if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought. The right of 2VIBE to also appeal to the court at another legal place of jurisdiction remains unaffected.

2vibe GmbH

Management: Christof Winker
Albert-Schweitzer-Strasse 8
78120 Furtwangen / Germany

Phone: +49 7723 9149716
Email: info@2vibes.me

VAT identification number: DE 326802819
Commercial register: District court Freiburg im Breisgau (HRB 721209)