Terms and Conditions
General Terms and Conditions (GTC) of Urban Street Vibes GmbH
Table of contents
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Scope
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Conclusion of contract
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Right of withdrawal
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Prices and payment terms
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Delivery and shipping conditions
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Contract duration and termination of subscription contracts
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Retention of title
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Liability for defects (warranty)
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Liability
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Redemption of promotional vouchers
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Redemption of gift vouchers
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Applicable law
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Place of jurisdiction
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Alternative dispute resolution
1) Scope
Note: The seller expressly states that the delivery of the goods takes place within the framework of a fulfillment-based business model. The formal addition of this area of activity to the commercial register is already in preparation and will be implemented in the coming months.
1.1 These General Terms and Conditions (hereinafter "GTC") of Urban Street Vibes GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented in the online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
1.5 Depending on the product description, the subject matter of the contract may be either the purchase of goods by way of a one-time delivery or the purchase by way of a continuous delivery (subscription contract). In a subscription contract, the seller undertakes to deliver the contractually agreed goods at the agreed intervals for the duration of the contract term.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop do not constitute binding offers, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form. By clicking the button that completes the order process, the customer submits a legally binding contractual offer.
2.3 The Seller may accept the Customer’s offer within five days:
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by order confirmation in text form (fax/e-mail),
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by delivery of the goods, or
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by requesting payment.
If several alternatives exist, the contract is concluded at the time the first alternative occurs. If no acceptance is made within the deadline, the customer is no longer bound by their offer.
2.4 If you select PayPal, the transaction will be processed in accordance with the PayPal Terms of Use.
2.5 The contract text will be saved and sent to the customer in text form after the order has been placed.
2.6 Input errors can be corrected before submitting the order using the usual correction options in the ordering process.
2.7 The contract languages are those displayed in the online shop.
2.8 Orders are generally processed via email. The customer must ensure that their email address is correct and that messages can be received.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information can be found in the seller’s cancellation policy.
4) Prices and payment terms
4.1 The prices quoted are total prices including VAT. Shipping costs are stated separately.
4.2 For deliveries outside the EU, additional costs such as customs duties or bank charges may apply.
4.3 The available payment options are specified in the shop.
4.4 In case of advance payment, payment is due immediately after conclusion of the contract.
4.5 For “Sofortüberweisung” the payment is processed via Klarna.
4.6 With “Shopify Payments” processing is carried out via Stripe.
4.7 With “SumUp” the processing is carried out via SumUp Ltd.
4.8 For SEPA direct debits, the amount will be collected after prior notification, at the earliest upon shipment of the goods. Return debit costs, to the extent they are attributable to the customer, are borne by the customer.
5) Delivery and shipping conditions
5.1 Delivery will be made to the delivery address specified by the customer.
5.2 If delivery fails for reasons for which the customer is responsible, he shall bear the costs.
5.3 Business owners bear the risk of accidental loss from the moment the goods are handed over to the freight forwarder. Consumers bear the risk only from the moment the goods are handed over to them.
5.4 The seller reserves the right to withdraw from the contract if the goods are not available.
5.5 There are no shipping costs for collection.
5.6 Vouchers are provided via download or email.
6) Contract duration and termination of subscription contracts
6.1 Subscription contracts are for an unlimited period and can be terminated by the customer with 14 days’ notice.
6.2 The right to extraordinary termination remains unaffected.
6.3 Terminations can be made in writing, by email or via the cancellation button in the shop.
7) Retention of title
The seller reserves ownership of the delivered goods until full payment has been made.
8) Liability for defects (warranty)
The statutory liability for defects applies unless otherwise provided below:
8.1 For entrepreneurs:
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Choice of subsequent performance by the seller,
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Limitation period for new goods: 1 year,
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no warranty rights for used goods,
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no restart of the limitation period in the event of replacement delivery.
8.2 Exceptions: no limitation in the case of damages, fraudulent concealment, construction or updating obligations.
8.3 Recourse claims remain unaffected.
8.4 Merchants are subject to the obligation to give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).
8.5 Consumers are encouraged to report transport damage without this affecting their rights.
9) Liability
9.1 Unlimited liability:
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in case of intent/gross negligence,
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in case of injury to life, body, health,
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under warranty,
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under the Product Liability Act.
9.2 In case of negligent breach of essential contractual obligations: liability for foreseeable, typical damage.
9.3 Otherwise no liability.
9.4 Also applies to legal representatives and vicarious agents.
10) Redemption of promotional vouchers
10.1 Valid only in the shop and during the specified period.
10.2 Individual products may be excluded.
10.3 Can only be redeemed before order completion.
10.4 Only one voucher per order.
10.5 Minimum order value = voucher value. Any remaining amount expires.
10.6 Difference can be settled with other payment methods.
10.7 No cash payment, no interest.
10.8 No refunds for returned goods.
10.9 Transferable; Seller shall pay to the owner unless aware of unauthorized transfer.
11) Redemption of gift vouchers
11.1 Redeemable only in the shop.
11.2 Valid until the end of the third year after purchase.
11.3 Can only be redeemed before order completion.
11.4 Only one voucher per order.
11.5 Not for the purchase of additional vouchers.
11.6 Difference can be settled with other payment methods.
11.7 No cash payment, no interest.
11.8 Transferable; Seller shall pay to the owner unless knowledge of unauthorized transfer.
12) Applicable law
German law applies. For consumers, this only applies to the extent that it does not deprive them of mandatory protection based on their right of residence.
13) Place of jurisdiction
For merchants and legal entities, the place of business of the seller shall be the place of jurisdiction. This also applies to foreign customers, provided the contracts are commercial.
14) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.