General Terms and Conditions for Consumers (GTC)

§1 SCOPE

(1) The following terms and conditions are part of each contract between
VERWAY World S.L.U., represented by its Managing Director Mr Ilhan Dogan, Gran Via Puig de Castellet no. 1, Bl. 1, 1 B, 07180 Santa Ponsa, Spain, Email address: service@verway.ch (hereinafter: the seller) and customers who are consumers.

(2) The seller offers products for sale in its online shop. The seller provides its goods and services exclusively on the basis of these terms and conditions, which can be viewed at any time on this website and which are sent to customers by email when their order is accepted.

(3) If you have cause for complaint, you may contact the seller using the information provided in the first paragraph.

§2 CONTRACT, LANGUAGE

(1) The presentation of the goods online does not constitute a binding offer by the seller.

(2) Customers, however, can choose any of the products displayed and place them in their basket by clicking on the shopping basket icon. Customers can empty their basket at any time by changing the number of goods it contains or by ending the ordering process by closing the browser window. Such changes can be made using the mouse and keyboard. By clicking on the checkout button, customers are redirected to a page where they can sign up if they are a new customer or log in if they are an existing customer. For this purpose, a user name together with a password and contact information are entered. After registering and confirming the delivery address, customers can select the shipping method and will then receive information about payment methods. By clicking next, customers will then be redirected to a page which shows a summary of the order and a link to the general terms and conditions and information on the right of withdrawal which must be confirmed before continuing. Customers may still make changes to their order at this point by pressing the back button in their button to return to the shopping basket. Once no further changes are necessary, customers can click on submit order to complete the ordering process and place a binding order. They will be then be informed in the same window that the order has been received. We will store the order and the order data entered in accordance with our privacy policy. In addition, we will send you a copy of your order via email.

(3) A binding contract, however, only comes into effect if we send you an email accepting the order.

(4) All contracts with the seller are in German.

§3 PRIVACY

The seller’s privacy policy can be foundhere.

§4 DELIVERY

(1) Dispatch of the goods takes place against advance payment. The delivery deadline is 7 working days, or 14 days for international shipments, whereby a working day is Monday to Friday with the exception of public holidays. The delivery deadline starts on the day after you have submitted payment via PayPal, credit card, advance payment, or transfer order with your bank.

(2) If the seller incurs any additional shipping costs due to a wrongly specified delivery address, failure to accept delivery, or to collect the package, these costs must be reimbursed by the customer unless they are not responsible for this incident.

§5 SHIPPING COSTS

The individual countries supplied as well as the respective shipping costs are found in our shipping information.

§6 PAYMENT TERMS

(1) The purchase price is due immediately upon acceptance of your order. Orders are capped at €250.00 net each. All prices are retail including VAT. All shipping costs are at the customer’s expense, unless otherwise agreed. The current shipping costs are posted in our online shop.

(2) Payment options include advance payment, Sofortüberweisung, credit card, or PayPal.

(a) If you choose Sofortüberweisung, you will be redirected to its secure page as part of the ordering process. Here you will log into your online banking account with your PIN. Each transaction will incur transaction fees of €0.30 plus 2%.

(b) To pay via PayPal, you will need a PayPal account. Transaction fees amount to 3.8% of each transaction. Information about PayPal and how to set up a PayPal account can be found at www.paypal.de. If you choose to pay using PayPal, this constitutes an assignment of the purchase price due to PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg („PayPal“). The data required for payment processing will be sent to PayPal. For the purpose of its own identity and credit checks, PayPal will transmit data to credit reporting agencies and receive information including your address information and, if necessary, credit information based on mathematical-statistical processes such as credit scores. By selecting this payment method, users agree to the transmission of the data to PayPal and the performance of such credit checks. Detailed information on this and the credit bureaus used can be found in the PayPal Privacy Policy, which you can access here.

§7 RETENTION OF TITLE

The good remains the seller’s property until full payment is received.

§8 LIABILITY FOR DEFECTS

(1) Customers have statutory rights to make liability claims for defects. The statutory provisions apply unless otherwise stipulated below.

(2) With the exception of injury to life, limb, or health or for damages arising from the breach of essential contractual obligations (delivery and transfer of title to the ordered goods), the seller is only liable for damages caused with intent or out of gross negligence. This also applies to indirect consequential damages such as lost profits.

(3) With the exception of injury to life, limb, or health or for damages arising from the breach of essential contractual obligations (delivery and transfer of title to the ordered goods), the damages are limited to those that are typical for such contracts and which were foreseeable. This also applies to indirect consequential damages such as lost profits.

(4) These limitations of liability also apply to those acting on behalf of the seller.

(5) Liability under the Product Liability Act remains unaffected.

§9 RESCISSION

Right to rescind an order

You have the right to revoke this contract within fourteen days without specifying any reasons. The period ends fourteen days from the day that you, or any third party authorised by you other than the carrier, have accepted delivery of the every item in your order.

To exercise your right of withdrawal, you must inform us at
VERWAY World S.L.U.
Gran Via Puig de Castellet no. 1, Bl. 1, 1 B
07180 Santa Ponsa, Spain
Email: service@verway.ch

Send us written notice (e.g. by post, fax or email) that clearly expresses your intention to rescind the agreement. The deadline is considered met if you send your notice before the expiry of the revocation period.

Consequences of revocation

If you choose to withdraw from this Contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this Contract. The refund shall be issued to the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund. We can refuse the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever takes place first.

You must send back or hand over the goods to us without delay, but no later than within fourteen days from the day on which you given notice that you were rescinding this contract. The deadline is met if you send the goods back before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You will only need to compensate us for any loss of value of the goods if this loss of value is due to handling which is unnecessary for the examination of the nature, characteristics, and functioning of the goods.

There are legal exceptions to this right of withdrawal (cf. §312g of the German Civil Code [BGB]), whereby we reserve the right to rely on the following provisions:

A right of withdrawal may expire at an earlier date for contracts for the delivery supply of sealed goods which are not suitable to be returned for reasons of health or hygiene if their seal was removed after delivery (such as cosmetics).

Sample revocation form

(If you want to withdraw from the contract, please fill out this form and send it to us.)

To:
VERWAY World S.L.U.,
Gran Via Puig de Castellet no. 1, Bl. 1, 1 B, 07180 Santa Ponsa, Spain
Email: service@verway.ch

I hereby cancel the contract for the following goods/services:

• ordered/received on
• Customer name
• Customer address
• Customer signature (only when notice is sent via post)
• Date

§10 INFORMATION ON DISPUTE RESOLUTION

(1) The European Commission provides a platform for out-of-court online dispute resolution, available at http://ec.europa.eu/odr.

(2) The seller always strives to resolve any differences of opinion from the contractual relationship in a mutually agreeable manner. The seller will not participate in any process involving a state-based consumer arbitration body. The right to pursue legal remedy remains reserved at all times.

§11 FINAL PROVISIONS

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. Mandatory provisions of the country in which the customer has their habitual residence, remain unaffected.

Last updated: 17 December 2018