For the business relations between us, VERTICAL Hobby (Official name: ALD Trade Oy) Maapallonkuja B, 02210 Espoo, FINLAND, and purchasers who use our Internet offering and especially our web shop (hereinafter: customer), the following general terms and conditions shall exclusively apply in their version valid at the time of ordering, unless agreed otherwise agreed in writing. The customer's terms and conditions apply only if we agree to them in writing.
2. OFFER AND CONTRACT CONCLUSION
The presentation of products in our web shop does not constitute a legally binding offer, but rather a non-binding invitation to order. Errors excepted in the presentation. Compared to the illustrations and descriptions in our brochures, price lists and catalogues, we reserve the customary deviations and deviations that occur due to legal regulations or that constitute technical improvements, as well as the replacement of components with equivalent parts, to the extent they do not impair the usability for the contractually intended purpose.
In the shopping cart, the customer can view the selected goods and thus check the order. By clicking the "order" button, the customer makes a binding offer to conclude a purchase contract for the selected goods in the virtual shopping cart. The customer is bound to this offer during the time period specified in the product description. The order will be forwarded to us and the customer immediately receives an electronic order confirmation by e-mail. We expressly point out that this order confirmation does not constitute acceptance of the order. Contracts are rather only concluded through a separate order confirmation or by delivering the goods to our customers.
3. AVAILABILITY OF GOODS AND DELIVERY
The expected shipping is in 1-4 working days for goods in stock. For goods out of stock the stocking varies between products, but is generally from 1-4 weeks.
We are not liable for impossibility of delivery or for delivery delays if these are caused by force majeure (e.g. natural disaster, war, riots) or other events (e.g. operational disruptions of all kinds, transport delays, strikes, lawful lockouts, lack of manpower, energy or raw materials, difficulties in obtaining the necessary regulatory approvals, official measures or missing, incorrect or late delivery by suppliers) unforeseen at the time of contract conclusion for which we are not responsible. If such events make delivery considerably more difficult for us or make delivery impossible and are not of a temporary nature, we are entitled to withdraw from the contract. If there are obstacles of a temporary nature, the delivery or performance deadlines are extended or the delivery or performance deadlines are postponed by the period of the delay plus a reasonable start-up period. If the customer cannot be expected to accept the delivery or performance due to the delay, the customer may withdraw from the contract by immediately notifying us in writing.
Delivery is made to the delivery address given by the customer. The delivery address may be different from the billing address. If no delivery address is specified, delivery is made to the billing address.
We are entitled to make partial deliveries if
- the partial delivery is usable for the customer within the contractually intended purpose and
- the customer does not incur any significant additional expenditure or additional costs from this.
4. PASSING OF RISK
The risk passes to the customer upon the delivery of the goods to the carrier, upon their dispatch or upon collection the goods with the immediate handing over to the customer or his agent. In the event of a delay for which the customer is responsible, the notification of readiness for dispatch is sufficient for the passing of risk.
5. PRICES AND SHIPPING COSTS
Prices are shown in EUR and include VAT (24%) from IP addreses within EU. Outside EU the prices do not include VAT. Final tax is based on shipping address during the checkout. So, if you are making order from non EU country and shipping it to an EU country the VAT will be applied during the checkout and vice versa.
Shipping in EU:
- The VAT will be shown separately on the invoice in the statutory amount on the day of invoicing.
- All prices include VAT, including shipping.
International shipping (outside EU):
- products and shipping cost do not include EU VAT
- You might need to pay the local taxes when receiving the goods. Please consult your local customs office for rates.
The terms of payment stated in the order confirmation and agreed with the customer as part of the existing business relationship shall apply.
The offsetting with counterclaims of the customer or the withholding of payments due to such claims is permissible only if the counterclaims are undisputed or legally determined.
We are entitled to make or perform outstanding deliveries or services only against advance payment or security.
7. RETENTION OF TITLE
Goods delivered by us shall remain our property until the full settlement of all claims arising from the business relationship with the customer, in particular until the customer has settled the balance (current account exception).
If deliveries by us prove to be defective, we are obliged to remedy the shortcomings by removing the defect or replacement as we see fit. In the case of replacement, the customer must return the defective item in accordance with statutory provisions. We shall bear the expenses, in particular transport, labour and material costs, necessary for the purpose of supplementary performance. This does not apply if the costs increase, because the goods are located at a place other than the place of the intended use.
We are entitled to make the owed supplementary performance independent of this so that the customer must pay the due purchase price. However, the buyer is entitled to retain a reasonable portion relative to the defective part of the purchase price.
If the supplementary performance fails, the customer may reduce the purchase price (decrease) or withdraw from the contract. However, a right of withdrawal does not exist in the event of a minor defect. In addition, the customer may claim damages in accordance with section 9. Further warranty claims are excluded.
In accordance with statutory provisions, we are liable for a violation of contractual obligations for which we are responsible, i.e. contractual obligations whose fulfilment gives the contract its form and whose proper implementation is made possible in the first place.
If we do not determine intentional behaviour, we are only liable for the typical foreseeable damage.
Liability under the Product Liability Act remains unaffected. This also applies to the liability for culpable injury to life, limb or health. Upon acceptance of a guarantee, we are liable in accordance with statutory provisions.
Insofar as nothing is regulated to the contrary of the aforementioned, claims for damages against us from breaches of duty are excluded.
Claims for damages under this section 9 shall expire within the statutory deadlines.
10. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
We reserve the right to change these general business relationships at any time, giving reasonable notice if necessary. Such a change will be communicated on our website of the web shop http://www.verticalhobby.com