TERMS OF SERVICE.
1. General Terms and Conditions (GTC)
The following contractual terms and conditions (GTC) apply to all contracts concluded via the online shop of Global Venture s.p. z.o.o., Chłapowskiego 10, 60-965 Poznań, Poland (hereinafter referred to as Vocal Wear) under the domain vocalwear.shop with the customer (hereinafter referred to as CUSTOMER).
These GTC include specific provisions for customers who are entrepreneurs within the meaning of the Polish Civil Code (Kodeks cywilny) (hereinafter referred to as ENTREPRENEURS). These specific clauses for business transactions are identified by explicit reference to ENTREPRENEURS and do not apply to transactions with consumers.
Vocal Wear does not recognize any terms and conditions of the customer that deviate from these unless Vocal Wear has expressly agreed to them in writing.
Polish law applies. For consumers who have their habitual residence in another EU Member State, mandatory provisions of that country remain unaffected.
2. Conclusion of the Contract
The CUSTOMER can add the desired products to the shopping cart by clicking the corresponding button and then initiate the order process by clicking on the shopping cart. During the order process, the CUSTOMER must enter the necessary contact details for shipping and payment and complete the order by clicking the "Buy Now" button.
Input errors, especially products mistakenly placed in the shopping cart, can be corrected by adjusting the quantity in the cart and using the available buttons. During the order process, the CUSTOMER can correct input errors at different steps by navigating to the respective step using the "back" and "forward" buttons of the browser.
The presentation of the products in the online shop of Vocal Wear merely constitutes a non-binding invitation for the CUSTOMER to place an order. By placing an order, the CUSTOMER submits a binding offer to conclude a contract for the products contained in the shopping cart. Vocal Wear will immediately confirm the receipt of the order by automated email. However, this automated order confirmation does not constitute the formation of a contractual relationship. Vocal Wear will accept the CUSTOMER's offer after checking the availability of the goods by sending a separate confirmation email or by shipping the goods within 5 days or 3 business days after the order is placed. Only upon this separate confirmation or the receipt of the goods within the aforementioned period does the purchase contract become effective. The issuance of an invoice is equivalent to a confirmation of acceptance.
The purchase contract is concluded with Global Venture s.p. z.o.o., Chłapowskiego 10, 60-965 Poznań, Poland.
3. Storage of the Contract Text
The contract text is stored by Vocal Wear. The order details will be sent to the CUSTOMER separately in text form (via email). The GTC can also be accessed and printed from the online shop.
4. Right of Withdrawal
Consumers generally have a statutory right of withdrawal. The legal regulations concerning any existing right of withdrawal are exclusively contained in the withdrawal policy, which is available to the CUSTOMER during the order process.
5. Prices and Shipping Costs
The prices valid on the day of the order are those displayed in the online shop.
The prices displayed in the online shop are listed in euros and include the statutory VAT.
For the purchase of goods delivered in a package or by other postal means, the following applies: The prices displayed in the online shop do not include shipping costs for packaging and postage.
The shipping costs are dynamically calculated during the ordering process and are displayed in the shopping cart overview before the order is placed.
In certain cases, additional taxes (e.g., in the case of intra-community acquisitions) and/or fees (e.g., customs duties) may apply for cross-border deliveries, and these are to be paid by the Customer.
6. Payment Terms
Vocal Wear accepts only the payment methods offered during the order process in the online shop. The CUSTOMER selects their preferred payment method from the available options.
If payment is made via Sofortüberweisung (Klarna Sofort) of the Klarna Group - Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden - the CUSTOMER must have an activated online banking account with a PIN/TAN procedure. At the end of the order process, the CUSTOMER will be asked to enter their account number, bank code, PIN, and TAN in the form pre-filled by Vocal Wear (bank details, transfer amount, purpose). Immediately afterward, the CUSTOMER will receive a confirmation of the transaction. Further information can be found at https://www.klarna.com/sofort/.
For credit card payments, the CUSTOMER authorizes Vocal Wear to charge the full invoice amount, including any applicable delivery and shipping costs, to the credit card company. At the end of the order process, the CUSTOMER will be asked to enter their credit card number, expiration date, and security code in the corresponding form. Depending on the amount of the payment or the type of delivery, the CUSTOMER may be required to complete an additional authentication step, such as verifying the transaction with a password, PIN, TAN, or biometric data like fingerprint or face scan using a special app. The method of authentication depends on the payment service provider (e.g., the CUSTOMER’s credit card company). The charge will be initiated upon order confirmation. Further information can be obtained from your credit card provider.
If payment is made via PayPal of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and authenticate with their PayPal login credentials. The CUSTOMER must then go through the PayPal payment process and confirm the payment to Vocal Wear. It is also possible to pay via PayPal without a PayPal user account. The terms for PayPal's guest function apply as outlined in PayPal's payment options. If the CUSTOMER selects payment via credit card through PayPal, an additional authentication step may be required depending on the amount or type of delivery. Further information can be found at https://www.paypal.com/de/webapps/mpp/home.
Payment via Klarna Invoice
If the CUSTOMER selects the payment option "Pay by Invoice" via Klarna, the invoice amount must be paid within 14 days from the invoice date to Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: KLARNA).
An invoice fee of €3.25 will be charged for orders up to a cart value of €100. An additional invoice fee of €3.25 will be charged for each additional €100 cart value.
The CUSTOMER must provide KLARNA with their full shipping and billing address.
In the event of default, KLARNA is entitled to claim default interest in accordance with § 288 BGB. KLARNA reserves the right to claim further damages for default. The CUSTOMER may prove that lower damages were incurred.
The CUSTOMER may convert the invoice amount into an installment purchase with flexible installments. In this case, the CUSTOMER must pay a partial amount of at least 1/24 of the invoice amount, but no less than €6.95, to KLARNA.
KLARNA will indicate the minimum installment amount on the invoice.
For an amount of €200 or more, the CUSTOMER must enter into a separate installment purchase agreement with KLARNA. The necessary documents will be sent to the CUSTOMER by post upon receipt of the partial payment from KLARNA. The relevant information and terms can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account.
If the CUSTOMER does not wish to convert the invoice into an installment purchase with flexible installments, they must notify KLARNA in writing within 10 days of payment.
Vocal Wear or KLARNA is entitled – within the legally permissible framework and considering both parties' legitimate interests – to conduct a credit check. Vocal Wear or KLARNA reserves the right to exclude certain payment methods depending on the results of the credit check. Further details are regulated in Vocal Wear's privacy policy.
Set-off rights are available to CUSTOMERS who are ENTREPRENEURS within the meaning of § 14 BGB only if their counterclaims have been legally established, are undisputed, or have been acknowledged by Vocal Wear, or if the counterclaims arise from the same contractual relationship. This set-off restriction does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.
7. Delivery and Shipping Conditions
Information on the Calculation of the Delivery Date
Unless otherwise agreed with the CUSTOMER, the delivery of goods shipped via postal service (package, parcel, letter, freight forwarding, etc.) will be made to the delivery address provided by the CUSTOMER in the order.
The delivery time is specified separately on the respective product detail page.
For prepayment, the delivery time begins on the business day following the CUSTOMER's payment instruction to their bank. For all other payment methods, the delivery time begins on the business day following the conclusion of the contract.
The risk of accidental loss and accidental deterioration of the sold goods passes to ENTREPRENEURS upon handover to them or an authorized recipient, and in the case of a sale by dispatch, as soon as the goods are handed over to a suitable transport person. For consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the consumer upon delivery of the goods in accordance with § 446 BGB. With regard to the transfer of risk, it is equivalent to delivery if the CUSTOMER is in default of acceptance.
Orders can be placed by customers from the European Economic Area and, where applicable, from other countries specified in the online shop and/or shipping cost table. Deliveries are made only to Germany and, where applicable, to the countries specified in the online shop and/or the shipping cost table.
In the event of delivery delays, Vocal Wear will promptly inform the CUSTOMER.
If the carrier returns the purchased item to Vocal Wear because delivery to the CUSTOMER was not possible, the CUSTOMER bears the costs for reshipping. This does not apply if the CUSTOMER has exercised a right of withdrawal that may exist at the same time as refusing acceptance or if the CUSTOMER is not responsible for the circumstances that made delivery impossible, or if the CUSTOMER was temporarily prevented from accepting the offered service, unless Vocal Wear had announced the service to the CUSTOMER in advance within a reasonable period of time.
8. Retention of Title
Vocal Wear retains ownership of the sold goods until the full payment of the purchase price has been made.
Goods that are subject to retention of title may not be pledged to third parties or transferred as security before full payment of the secured claims. The CUSTOMER must immediately notify Vocal Wear in writing if and to the extent that third parties have access to goods belonging to Vocal Wear.
In the event of any breach of contract by the CUSTOMER, particularly in the case of non-payment of the due purchase price, Vocal Wear is entitled, under the applicable legal provisions, to withdraw from the contract and demand the return of the goods based on the retention of title and withdrawal. If the CUSTOMER does not pay the due purchase price, Vocal Wear may only assert these rights if a reasonable deadline for payment has previously been set without success or if such a deadline is not required by law.
9. Warranty/Defect Liability/Obligation to Inspect
The CUSTOMER’s rights in the event of defects in the purchased goods are governed by statutory provisions.
Warranty claims by ENTREPRENEURS who are merchants within the meaning of the Polish Commercial Code (Kodeks cywilny) require that they have duly fulfilled their inspection and notification obligations within 14 calendar days of receipt of the goods in accordance with § 377 of the Polish Commercial Code (Kodeks cywilny). This obligation does not apply to CUSTOMERS who are consumers within the meaning of the Polish Consumer Code (Kodeks cywilny).
The limitation period for defect claims by ENTREPRENEURS is 12 months from the transfer of risk to the ENTREPRENEUR. This shortening of the warranty period does not apply to CUSTOMERS who are consumers within the meaning of the Polish Consumer Code.
10. Liability
CUSTOMER's claims for damages or reimbursement of futile expenses against Vocal Wear, apart from warranty rights, regardless of the legal nature of the claim, are governed by the following provisions:
Vocal Wear's liability is excluded for any reason unless the cause of damage is due to intent and/or gross negligence by Vocal Wear, its employees, its agents, or its vicarious agents. Where Vocal Wear’s liability is excluded or limited, this also applies to the personal liability of its employees, agents, or vicarious agents. Vocal Wear’s liability under the Product Liability Act (Polish law) remains unaffected.
Vocal Wear is liable according to the statutory provisions for damages resulting from injury to life, body, or health, which are based on an intentional, grossly negligent, or negligent breach of duty by Vocal Wear, one of its legal representatives, or vicarious agents.
If Vocal Wear negligently breaches an essential contractual obligation (a fundamental obligation essential for achieving the contract’s purpose), liability is limited to foreseeable damages typical of the contract. Such a fundamental contractual obligation is one that makes the proper performance of the contract possible in the first place, and on whose compliance the CUSTOMER regularly relies and may rely.
11. Data Storage and Privacy
Only the data protection regulations specified in the privacy policy on the website apply: http://vocalwear.shop/policies/privacy-policy.
12. Notice according to Art. 14 ODR Regulation
CUSTOMERS who are consumers within the meaning of the Polish Consumer Code (Kodeks cywilny) have the option to conduct an online dispute resolution procedure with the involvement of a recognized dispute resolution body via the EU portal "Your Europe" (https://europa.eu/youreurope/citizens/index_de.htm). For this purpose, they can use the EU's Online Dispute Resolution Platform at https://ec.europa.eu/consumers/odr/.
The online dispute resolution procedure is not a mandatory requirement for bringing the matter to the competent ordinary courts but provides an alternative way to resolve disputes that may arise in the context of a contractual relationship.
Other national regulations for conducting arbitration proceedings remain unaffected by the above provisions in sections 12.1 and 12.2.
13. Notice according to § 36 VSBG (Consumer Dispute Resolution Act)
For CUSTOMERS who are consumers within the meaning of the Polish Consumer Code (Kodeks cywilny), there is, in principle, the option to seek an alternative dispute resolution procedure under § 36 VSBG.
The alternative dispute resolution procedure is not a mandatory requirement for bringing the matter to the competent ordinary courts but provides an alternative way to resolve disputes that may arise in the context of a contractual relationship.
Vocal Wear does not participate in an alternative dispute resolution procedure under § 36 VSBG.