Terms and Conditions

1. Scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery and availability of goods
6. Payment modalities
7. Reservation of proprietary rights
8. Revocation Policy
9. Returns
10. Warranty for material defects and guarantee
11. Liability
12. Storage of the contract text
13. Data protection
14. Final provisions

1. Scope of application

(1) For the business relationship between Anja Schäfer, Deutwanger Str. 21, 78355 Hohenfels (hereinafter referred to as seller) and the Customer (hereinafter referred to as customer), the following general Terms and Conditions shall apply exclusively in the version valid at the time of the order.

(2) A consumer in the sense of these general Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).

(3) Deviating terms and conditions of the consumer shall not be recognized unless the Seller expressly agrees to their validity.

(4) For questions, complaints and objections, we can be reached by phone at +49 (0) 7775 9394407 and by e-mail at contact@venus-spirit.com.

2. Offers and service descriptions

(1) The presentation of the goods in our online store does not constitute a legally binding contract offer on our part, but a non-binding invitation to place an order. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract. Performance descriptions in our printed materials and on our websites or social media pages do not have the character of an assurance or guarantee.

(2) All offers are valid “while stocks last”, unless otherwise noted with the products. In all other respects, errors are excepted.

3. Order process and conclusion of contract

(1) The following regulations regarding the conclusion of the contract apply to orders placed via our online store venus-spirit.com/en/shop.

(2) In case of contract conclusion, the contract is concluded with

Anja Schäfer, Deutwanger Str. 21, 78355 Hohenfels, Germany.

comes into effect.

(3) The online offers represent a non-binding invitation to buy goods.

(4) The order is placed in the following steps:

The customer can select goods from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the “Add to Cart” button. There he can check, edit and delete his selection. Via the button “Continue to checkout” he is forwarded to the checkout.

In the checkout he enters his customer data or logs in to his existing customer account. Required information is marked with an asterisk (*).
By clicking the button “Confirm order” the customer makes a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data and selected goods at any time and go back to the shopping cart using the browser function “Back”. By closing the browser, the ordering process can be canceled.

We will then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is not concluded until we have shipped or handed over the ordered goods to the customer within 5 days or have confirmed the shipment to the customer within 5 days with a second e-mail, explicit order confirmation or sending of the invoice. Download products will be made available for download immediately after receipt of payment.

(5) In the case of prepayment the contract is concluded with the provision of the bank details and request for payment. If, despite the due date, the payment is not received by us within 10 calendar days after sending the order confirmation, the seller shall withdraw from the contract with the consequence that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of prepayment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs

(1) All prices stated on the seller’s website are inclusive of the applicable statutory sales tax.

(2) In addition to the stated prices, the seller shall charge shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery and availability of goods

(1) If the customer has chosen payment in advance, we will ship the goods after receipt of the invoice amount.

(2) If not all ordered products are in stock, we are entitled to partial deliveries at our expense, as far as this is reasonable for the customer.

(3) Should the delivery of the goods fail due to the fault of the customer despite three delivery attempts, we may withdraw from the contract. Any payments made for goods will be refunded to the customer.

(4) If an ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.

(5) Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

(6) We reserve the right not to provide the promised service if it becomes apparent after conclusion of the contract that the goods are not available, although a corresponding commitment transaction has been concluded. In such a case, we will inform the customer immediately and refund any payments already made without delay. Further claims against us are excluded.

6. Payment

(1) The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers will be informed about the available payment methods on a separate information page.

(2) For all payment methods, payment must be made in advance without deduction.

(3) If third-party providers are commissioned with the payment processing, e.g. Paypal, their general Terms and Conditions shall apply.

(4) If the customer chooses the payment method PayPal, he must be registered there in order to be able to pay the invoice amount or must first register and legitimize himself with his access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. He will receive further instructions during the ordering process.

If the customer has chosen the payment method credit card, he must not be registered with PayPal to pay the invoice amount. The payment transaction is carried out immediately after confirmation of the payment instruction and after the legitimation as a legitimate cardholder by the credit card company at the request of PayPal and the card is charged. He will receive further instructions during the ordering process.

If he has chosen the direct debit payment method, he does not have to be registered with PayPal to pay the invoice amount. With confirmation of the payment instruction he gives PayPal a direct debit mandate. The customer will be informed by PayPal about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and the customer’s account is debited. He will receive further instructions during the order process.

If the customer has chosen the payment method invoice, he does not have to be registered with PayPal to pay the invoice amount. After successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, the customer can only pay to PayPal with debt-discharging effect. For payment processing via PayPal – in addition to our terms and conditions – the terms and conditions and privacy policy of PayPal apply. Further information and the complete terms and conditions of PayPal for the purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=en_EN.

(4) If the consumer has chosen prepayment he undertakes to pay the purchase price immediately after conclusion of the contract. It should be noted that the duration of the transaction between the various financial institutions vary from bank to bank and thus the processing time may be extended by 2-3 business days.

(5) The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

(1) We retain title to the goods until the purchase price has been paid in full.

8. Revocation Policy

Revocation Policy for consumers

Consumers are entitled to the following right of revocation, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Revocation Policy for mail order goods

Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of revocation, you must contact us at

Anja Schäfer, Deutwanger Str. 21, D-78355 Hohenfels, Germany
Phone: +49 (0) 7775 9394407
e-mail: contact@venus-spirit.com

by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the following model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 because of 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 without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You will 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 testing the condition, properties and functioning of the goods.

Sample cancellation form
If you wish to revoke the contract, please copy the following text, fill in the required information and return the form.

To:
Anja Schäfer, Deutwanger Str. 21, D-78355 Hohenfels, Germany
E-mail: contact@venus-spirit.com

I/we(*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
– Date(s)
(*) Delete where not applicable

Premature expiry of the right of withdrawal
The right of withdrawal expires prematurely in case of contracts

– for the 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 are clearly tailored to the personal needs of the consumer,
– for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
– for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
– for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
– for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence,
– for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
– for the delivery of newspapers, journals or magazines with the exception of subscription contracts.

Revocation Policy for digital content that is not delivered on a physical data carrier (e.g. e-book, software download)

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of revocation, you must send us

Anja Schäfer, Deutwanger Str. 21, D-78355 Hohenfels, Germany
phone: +49 (0) 7775 9394407
e-mail: contact@venus-spirit.com

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. 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.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment.

Sample cancellation form
If you wish to revoke the contract, please copy the following text, fill in the required information and return the form.

To:
Anja Schäfer, Deutwanger Str. 21, D-78355 Hohenfels, Germany
E-mail: contact@venus-spirit.com

I/we(*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
– Date(s)
(*) Delete where not applicable

Exclusion or premature expiration of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.
The right of cancellation shall expire prematurely if we have only begun to perform the contract after you have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of cancellation upon commencement of the performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

Revocation Policy for services

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of revocation, you must send me

Anja Schäfer, Deutwanger Str. 21, 78355 Hohenfels, Germany
Phone: +49 (0) 7775 9394407
E-Mail: contact@venus-spirit.com

by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached revocation form template for this purpose, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notice of exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 because of this repayment.

If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of revocation with respect to this contract, compared to the total scope of the services provided for in the contract.

Revocation form template
If you wish to revoke the contract, please copy the following text, fill in the required information and return the form.

To:
Anja Schäfer, Deutwanger Str. 21, D-78355 Hohenfels, Germany.
E-Mail: contact@venus-spirit.com

I/we(*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
– Date(s)
(*) Delete where not applicable

Exclusion or premature expiry of the right of revocation
The right of revocation expires prematurely if we have provided the service in full and we have only started to provide the service after you have given your express consent to this and at the same time confirmed your knowledge that you will lose your right of revocation upon complete fulfillment of the contract by us.

9. Returns

(1) The customer bears the direct costs of returning the goods, as stated in 8. cancellation policy. We ask for sufficient franking of the return and shipping to the following address:

Anja Schäfer, Deutwanger Str. 21, D-78355 Hohenfels.

If available, we recommend to keep the consignment number and/or proof of dispatch of the return shipment.

(2) In case of a return of the goods due to a justified defect, we will refund the shipping costs. We ask for contacting us (Tel: +49 (0) 7775 9394407 or e-mail: contact@venus-spirit.com).

10. Warranty for material defects and guarantee

(1) The legal warranty applies.

(2) A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the warranty conditions before initiating the order process.

11. Liability

(1) The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to the other legal requirements for claims.

(2) The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

(3) Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.

(4) The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.

(5) Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

12. Storage of the contract text

(1) The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

(2) We will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. The terms and conditions can be viewed at any time at https://venus-spirit.com/en/shop/terms. The consumer’s past orders can be viewed in his customer account (“My Account”), provided that he has registered an account. In addition, we store the text of the contract, but do not make it available on the Internet.

13. Data protection

(1) Information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.

14. Final provisions

(1) The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.

(2) Contract language is German.

(3) Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Date of terms: December 2021

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