Terms of service
General Terms and Conditions
Table of contents
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Liability for defects
7. Liability
8. Applicable law, place of jurisdiction
1) Scope of application
1.1 These Terms and Conditions of Vibing Rings (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online store. After entering his personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the order process.
2.3 The seller can accept the customer's offer within ten days, by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the tenth day following the sending of the offer.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. email) after the order has been sent, together with these GTC.
2.6 Before binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact shall take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of revocation can be found in the seller's revocation instructions.
4) Prices and terms of payment
4.1 Any delivery and shipping costs incurred are indicated separately in the respective product description.
4.2 Various payment options are available to the customer, which are indicated in the seller's online store.
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out regularly by mail order and to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are dispatched or handed over to the authorized carrier.
5.4 Self-collection is not possible for logistical reasons.
5.5 Customs and import costs for international shipments must be borne by the buyer.
6) Liability for defects
Warranty claims against the seller are excluded.
7) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
7.1 The Seller shall be liable without limitation for any legal reason in the event of intent or gross negligence,
in the event of negligent or intentional injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, due to mandatory liability such as under the Product Liability Act.
7.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with Section 6.1. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
7.3 Any further liability of the Seller is excluded.
7.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
8) Applicable law, place of jurisdiction
8.1 If the customer acts as a consumer within the meaning of clause 1.2, Swiss law shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.
8.2 If the customer acts as an entrepreneur within the meaning of clause 1.2, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.