General Terms and Conditions (GTC)
1. scope of application
These General Terms and Conditions (GTC) of SV-M GmbH, Durstenstrasse 5, CH-8264 Eschenz (hereinafter "SV-M") govern the rights and obligations in connection with the use of the online shop shop.sebastianvettel.de. shop.sebastianvettel.de is an online shop for clothing articles.
The following General Terms and Conditions (GTC) apply between SV-M and its customers in the version that is currently available and valid at the time the contract is concluded.
A customer is defined as any natural or legal person who has a business relationship with SV-M. The general terms and conditions, the delivery and payment conditions and the terms and conditions of sale are valid at the time of conclusion of the contract. The GTC, the terms of delivery and payment and the data protection provisions may be amended from time to time.
These GTC apply exclusively. Any terms and conditions that conflict with, supplement or deviate from these GTC must be expressly confirmed in writing by SV-M in order to be valid. When using shop.sebastianvettel.de or when ordering an item or concluding a contract, the customer confirms that he or she fully accepts these GTC, including the terms of delivery and payment.
For reasons of better readability, the masculine form is used in these GTC when referring to persons and special nouns. Corresponding terms apply in principle to all genders for the purposes of equal treatment. The abbreviated form of language is for editorial reasons only and does not imply any value judgement.
2. information on shop.sebastianvettel.de
shop.sebastianvettel.de contains information about articles. Prices and product range are subject to change without notice. All information on shop.sebastianvettel.co.uk (article descriptions, illustrations, films, dimensions and other information, excluding prices) is to be understood as approximate values only and in particular does not represent any assurance of properties or guarantees, unless explicitly stated otherwise. SV-M makes every effort to ensure that all details and information on shop.sebastianvettel.de are correct, complete, up to date and clearly laid out, but SV-M cannot give any express or implied warranty in this respect.
SV-M cannot guarantee that the items listed will be available at the time the order is placed. Therefore, all information on availability and delivery times is without guarantee and may change at any time and without notice.
All prices are in Euro including VAT.
Shipping costs are shown separately with the order, are charged additionally and are to be paid by the customer, as are any customs costs.
SV-M reserves the right to make technical changes, errors and misprints. In particular, SV-M may make price changes at any time and without prior notice.
4. conclusion of contract
The offers on shop.sebastianvettel.co.uk constitute an invitation to the customer to order articles. By placing an order via shop.sebastianvettel.co.uk, including acceptance of these general terms and conditions, the Customer makes a legally binding acceptance to conclude a contract. SV-M will then send an automatic "order confirmation" by e-mail. Orders placed are binding for the Customer.
Orders will be delivered if the items are available. If it transpires after the contract has been concluded that the items ordered cannot be delivered or cannot be delivered in full, SV-M is entitled to withdraw from the whole or part of the contract. Any payment already made by the Customer shall be refunded accordingly. If no payment has yet been made, the Client shall be released from the obligation to pay in full or in part. In the event of termination of the contract, SV-M shall not be obliged to make any replacement delivery or to pay any compensation.
5. payment options
When purchasing articles, the Customer has the payment options indicated in the order process at his disposal.
6 Delivery, duty to inspect and notice of defects
The articles shall be sent by post to the address specified by the customer in the order. The benefits and risks shall pass to the Customer upon dispatch. SV-M shall not be liable for any damage caused by late arrival of the articles at the Customer's premises or at the premises of third parties.
If the articles are available in stock, a delivery time of 3 to 8 days is to be expected. In exceptional cases, this delivery time may be exceeded.
If the delivery cannot be delivered or if the Customer refuses to accept the delivery, SV-M may dissolve the contract after notifying the Customer and setting a reasonable deadline, as well as charging the Customer for the costs of the inconvenience.
The Customer is obliged to inspect the delivered items immediately after receipt of the delivery and to notify SV-M immediately in writing by letter or e-mail of any defects for which SV-M provides a warranty.
If the inspection by SV-M reveals that the articles have no identifiable defects or that they are not covered by the manufacturer's guarantee, SV-M may charge the Customer for the trouble, return or possible disposal.
7. right of return and return (revocation)
SV-M grants a contractual right of return on all articles (with the exception of gift vouchers) within 14 calendar days of receipt of the articles.
Exercising the right of return will result in the contract being cancelled. The customer must return the items to SV-M within 14 calendar days of receipt in their original packaging, unworn and unwashed. The customer can use the cancellation form enclosed with the delivery for this purpose. Returns to SV-M are at the expense and risk of the Customer. Any payment already made will be refunded to the Customer immediately using the same means of payment as was used in the order process, provided SV-M has already received the items back or the Customer can provide proof of dispatch.
SV-M reserves the right not to accept the return of worn, washed clothes that are not odourless or damaged due to improper handling. The purchase price already paid for the items in question will not be refunded.
8 Warranty for the purchase of articles
SV-M endeavours to deliver articles of impeccable quality. In the event of defects notified in good time, SV-M will guarantee that the articles purchased by the Customer are free of defects and in good working order during the statutory warranty period of two years from the date of delivery. It is at SV-M's discretion to provide the warranty by means of a replacement of equal value or by refunding the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the Customer or third parties (in particular if SV-M's washing instructions are disregarded) or defects attributable to external circumstances.
The colour values are displayed in the SV-M online shop as true to the original as possible. However, the original items may deviate slightly from this, for which any warranty is excluded.
Textiles may slowly wash out after many washes, but this does not constitute a defect in the item.
SV-M excludes all liability, irrespective of its legal basis, as well as claims for damages against SV-M and any auxiliary persons and vicarious agents. In particular, SV-M is not liable for indirect damage or consequential damage, loss of profit or other personal injury, damage to property or pure financial loss suffered by the Client or third parties. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
SV-M is not able to give assurances or guarantees for the up-to-dateness, completeness and correctness of the data as well as for the constant or undisturbed availability of shop.sebastianvettel.de, its functionalities, integrated hyperlinks and further contents. In particular, no representation or warranty is made that the use of shop.sebastianvettel.co.uk will not infringe the rights of third parties not owned by SV-M.
SV-M uses hyperlinks on shop.sebastianvettel.co.uk solely to facilitate the Client's access to other websites. SV-M can neither know the content of these web offers in detail nor assume liability or any other responsibility for the content of these websites.
10. data protection
The protection of the personal data of our customers is important to us. SV-M takes the issue of data protection seriously and pays attention to appropriate security. SV-M processes and maintains personal data in accordance with the provisions of the Federal Data Protection Act (DPA), the Ordinance to the Federal Data Protection Act (DDPA), the Telecommunications Act (TCA) and, where applicable, other data protection regulations, in particular the European Union's General Data Protection Regulation (GDPR).
By accepting these GTC, the Client agrees that SV-M may use his/her data to carry out advertising measures (online or print), in particular to send him/her information about offers.
The Client has the option of objecting to these advertising purposes at any time by notifying SV-M by e-mail to firstname.lastname@example.org.
For the rest, reference is made to SV-M's data protection declaration, which can be viewed at shop.sebastianvettel.de.
11 Further provisions
Should individual provisions of these GTC be wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
Exclusive places of jurisdiction are the customer's place of residence and Kreuzlingen.
Eschenz, November 14th 2023