General Terms & Conditions
1.1. General information
These Terms & Conditions apply unless they are revoked by us. Any agreement whatsoever that differs from these Terms & Conditions shall require our express written consent. Unless otherwise set out in writing, these Terms & Conditions shall apply exclusively. Upon ordering goods from VICTORIA COLLECTION GmbH, both parties to the sale agree to be bound to the agreements set out below. The General Terms & Conditions valid at the time of ordering shall apply.
2.1. Formation of the Contract
The presentations of products in printed media and in the online shop constitute an invitation to place an order, not a legally binding offer. Unless expressly stated otherwise, all offers apply as long as stocks last. Errors cannot be excluded. By clicking â€śCommit to buyâ€ť in the final step of the ordering process, you are submitting a binding order for the goods in your basket. Receipt of the order will be confirmed immediately after the order is sent. The purchase agreement takes effect with our separate order confirmation or on delivery of the goods. The same rules apply to orders placed by phone or in writing.
3.1. General information
We exclusively supply commercial retailers. We supply our goods exclusively in the pack sizes stated in the printed media and online shop. We reserve the right to make changes to the ordered goods, in that we are not under obligation to guarantee the continuous availability of items with precisely the design and function ordered. Furthermore, we reserve the right to make minor changes, such as design modifications, to the items we sell, insofar as these changes have no or a minimal adverse effect on the functionality, usage characteristics or retail value of the ordered goods. If the ordering party is unable to accept the goods due to the aforementioned changes, it is free to withdraw from the agreement. Claims for damages on this basis, and claims for damages of a different nature, are expressly excluded.
3.2. Delivery dates and times
Unless otherwise expressly agreed in writing, the delivery times stated by us are not binding. The delivery times stated by us are based on information provided by our suppliers. We are permitted minor deviations from the stated delivery dates. Claims for damages and contractual penalties for deliveries made after the stated date are excluded in all cases.
3.3. Part delivery
We are entitled at all times to make part deliveries.
3.4. Force majeure
Delays in delivery that are not our fault or could not be foreseen by us entitle us to postpone delivery of the ordered goods for the duration of the circumstances affecting our deliveries, plus a reasonable resumption period after these circumstances have ended. If the delivery of ordered goods has become impossible or extremely difficult due to such circumstances, we are entitled to withdraw in whole or in part from the agreement.
3.5. Right to withhold delivery
We expressly reserve the right to discontinue deliveries to an ordering party that defaults on payment.
4.1. Validity of prices
Unless otherwise agreed in writing, the valid catalogue prices apply to orders. The publication of a new catalogue renders all current prices invalid. We reserve the right to modify prices due to currency fluctuations. Time-limited discounts can be claimed only if we receive the order for the discounted goods on the last day of the offer, at the latest. Subject to deliverability, price changes, and typographical and other errors. The agreement concluded with the ordering party shall always take precedence.
4.2. Trading currency
All goods offered by us are priced in euros. Exceptions to the above must be set out in writing.
4.3. Taxes and duties
The prices stated by us shall be understood exclusively as net plus any statutory value-added tax. The rates of value-added tax applicable at the time the agreement is concluded shall be added to these prices. Value-added tax shall not be charged if deliveries to the importing country are not subject to value-added tax.
5.1. Acceptable methods of payment
We accept SEPA bank transfers, SEPA direct debits, advance payments, cash on delivery, and cash. We do not accept any other methods of payment.
5.2. Payment deadlines
Unless otherwise agreed in writing, payment for the goods invoiced by us shall be due within 30 days of the invoice date. For payments made within 10 days of the invoice date, a discount of 2 % shall be deducted from the gross value of the order. For SEPA Core Direct Debit mandates, we shall deduct 3 % from the gross value of the order. The notification on the invoice of the debiting of the direct debit shall be considered as legally required pre-notification for SEPA direct debits. The period between invoicing and debiting of the account shall be at least five days.
5.3. Overdue payment
In the event that the ordering party is in default with a legitimate invoice, we shall be entitled to charge late payment interest as defined in section 288 German Commercial Code. The basis for declaring that a payment obligation is overdue shall always be the final date of the value date on our account. The assertion of a demand for late payment interest shall not restrict any of our rights; in particular it shall not affect our right to entrust collection of the claimed payment to a third-party agent.
Set-off is only possible in the event of undisputed or legally established claims against us. Offsetting on the basis of unlawful claims shall be regarded as a payment default, as set out in clause 5.3.
5.5. Advance payment
We reserve the right to deliver ordered goods only against advance payment or cash on delivery.
6. Retention of Title
6.1. Retention of title
The goods shall remain our property until full payment in all cases. This retention of title shall also remain effective if the goods have been resold in the interim. In the event of resale, the claim arising from the resale of the goods will be assigned to us if the party that ordered the goods from us defaults on payment for the resold goods. The assertion of our right to retention of title does not necessarily entail our withdrawal from the concluded purchase agreement.
6.2. Retention on modification of the goods
If the goods ordered from us are further processed, or mixed or combined with third-party goods, we shall be the joint owner of the new item in the proportion in which the goods ordered from us are part of this new item. Consequently, the retention of title stipulated in these General Terms & Conditions shall henceforth apply to the new merchandise.
6.3. Duty to notify in the event of impairment of our rights
If our right to ownership of the retained goods is impaired, in particular due to foreclosure or other judicial action, we must be notified to this effect immediately.
7.1. Shipping charges
Shipment of the goods shall be invoiced separately. We reserve the right to make exceptions at our discretion. The invoiced shipping costs shall be â‚¬ 6.90 plus VAT within Germany, â‚¬ 9.90 to Austria and â‚¬ 14.90 to Switzerland. Orders with a net order value in excess of â‚¬ 250 are excepted. In the above case, we will ship to an address at our own expense. For deliveries to countries other than those named above, you will be informed of the shipping charges and required net order value for free shipping when you request a quote or place an order.
7.2. Goods in transit insurance
Goods shipped by us shall be insured against damage, such as breakage, while in transit. Orders that exceed the net order value named in clause 7.1 are excepted. In these cases, we will bear the cost of insuring the shipment. The risk of accidental loss or deterioration of the goods shall pass to the ordering party upon acceptance of the goods. If the ordering party declares that it will not accept the goods without being entitled to do so, the risk shall pass to the ordering party from the time of refusal of acceptance.
8. Warranty and Claims for Defects
8.1. Warranty period
Victoria Collection GmbH guarantees the freedom from defects of its products for the period of one year after delivery. Damages due to natural wear and tear, improper use and/or incorrect or lack of care shall be excepted from the warranty. The warranty shall expire in the event of improper handling of the supplied goods by the ordering party. Furthermore, it shall expire if the ready-made reading glasses supplied by us have been fitted with different lenses, contrary to the express objection stipulated herewith, and have therefore been converted into prescription glasses.
8.2. Claims for defects
If the delivered goods are defective, we are entitled within the period of time stated in clause 8.1. to decide at our discretion whether to repair the defective goods or deliver new goods free of charge. This provision shall not apply to goods that deviate only insignificantly from the agreed quality and the retail value of which is not or is only marginally adversely affected as a result. Printed goods and items custom-made in accordance with customersâ€™ wishes cannot be exchanged.
9. Place of Performance and Legal Venue
9.1. Place of Performance and Legal Venue
The place of performance for deliveries and the legal venue is Stuttgart.
9.2. Legal basis
The laws and regulations of the Federal Republic of Germany apply, as well as the United Nations Convention on Contracts for the International Sale of Goods.