Terms and Conditions – Anima Vinci

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Terms and Conditions

WSQR Lifestyle UG
PO BOX 44 04 02
80753 Munich, Germany

Commercial Register of the Local Court Munich HRB 252041 
VAT DE: 326 948 634
Tax ID :143 193 610 74

Managing Director: Ernany S. Jasmin

    1. Scope

      These General Terms and Conditions ("GTC") apply to all orders placed via the online store at www.animavinci.com. The contracting party for all orders shall be WSQR Lifestyle UG Germany (hereinafter referred to as "WSQR"). The version of the GTC that is current at the time of the order shall apply to the respective order. Worldwide deliveries are possible. The contract shall be concluded exclusively in German or English language.

      The customer shall be deemed to be consumer (sec. 13 of the German Civil Code) if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur (sec. 14 of the German Civil Code) is any natural or legal person or partnership having legal capacity who, when concluding the contract, exercises his commercial or independent professional activity. In both cases, our performance and delivery shall be based exclusively on the following GTC. The GTC also apply to all future business transactions, as far as they are of the same kind and no updated version of the GTC has been sent to you. Business terms and conditions of the customer shall not apply, even if we do not expressly exclude their application. Deviating or contradictory terms and conditions of the costumer shall therefore only apply if they have been accepted by us in writing.

        2. Conclusion of Contract

          The display of articles in the online shop shall not constitute a binding offer by WSQR, but only an invitation to you to place orders. If you click on the "Buy Now" button, you place a binding order for the items in your shopping cart. However, this order can only be placed and transmitted if you accept these GTC by clicking on the button "Accept terms and conditions" and thereby make them part of your order. Immediately after receipt of your order we will send you an order confirmation and the GTC per e-mail. This does not yet constitute a contract of sale. A contract is only concluded when we expressly accept your order or carry out the delivery to the appropriate extent. We will save the text of your contract (the content of your order and these GTC) and send it to you on request.

          3. Retention of Title

          The goods shall remain the property of WSQR until the purchase price has been paid in full by the customer.

          If you are an entrepreneur, the resale of the goods delivered under retention of title may only take place in the ordinary course of business. You hereby assign to us in advance any claims against third parties from the resale of the goods subject to retention of title. We accept the assignment. The goods subject to retention of title may not be pledged or assigned to third parties as a security before the secured claims have been paid in full. You must inform us immediately in writing if an application for the opening of insolvency proceedings has been filed or if third parties have access (e.g. seizure) to the goods belonging to us. In the event of resale, you remain authorized to collect the claim alongside us. We undertake not to collect the claim as long as you meet your payment obligations to us, there is no impairment of your performance and we do not assert the reservation of title, e.g. by exercising a legal right to rescind. If this is the case, however, we can demand that you inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors concerned (third parties) of the assignment. Furthermore, in this case we shall be entitled to revoke your authorization to further sell and process the goods subject to retention of title.

          4. Prices and Shipping Costs

          The prices stated in the online shop at the time of the order shall apply to the respective order. The prices stated include the statutory value added tax. In addition, there are shipping costs and, if applicable, separate fees depending on the payment method (e.g. cash on delivery fees). The shipping costs and other fees can be found in the price table.

          If you are a business customer, you may have a different pricing policy. For this purpose, please contact us directly at the address provided (info@animavinci.com)

          5. Terms of Payment

          We reserve the right not to provide individual payment methods for individual orders. If there are any costs for the transaction of the purchase price, these are to be borne by you. As payment methods we currently offer credit card and PayPal if you order as a consumer.

          If you pay by bank transfer in advance, you will receive a request for payment from us. Please transfer the amount to be paid within 7 days (payment deadline) to the account indicated. Only after receipt of your transfer we will deliver the goods. If the amount is not transferred within the payment period, we can no longer reserve the goods for you.

          If you are a business customer, we also offer purchase on account and direct debit in addition to the above-mentioned modalities.

          By participating in the direct debit procedure you authorize us to collect all due amounts from your account. We will announce the collection of the due amounts by e-mail. If direct debits are reversed because the account indicated by you does not have sufficient funds or because you revoke the direct debit without legal reason, you are obligated to refund the resulting return debit fees.

          6. Continuing Obligation

          If you are a business customer, you can conclude a permanent supply contract with us. This contract has a duration to be agreed upon individually and is tacitly renewed for another two years, unless it is terminated six months before the end of the contract or the next planned or tacit renewal of the contract.

          7. Delivery and Delivery Time

          Delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price (except for purchase on account). If no delivery time or no deviating delivery time is indicated for the respective goods in our online store, it is usually three to five business days in Germany. Delivery times abroad or to foreign countries may vary.

          If the product you have selected is not available at the time of your order, we will inform you immediately in the order confirmation. If the product is permanently unavailable, we will not accept the order. In this case, a contract will not be concluded. If a product ordered by you is only temporarily unavailable, we will also inform you immediately in the order confirmation.

          8. International Customer Service

          We offer you the easiest, most comfortable and comprehensive customer service possible. For order processing, you can contact our international customer service at: https://animavinci.com/pages/contact-us. You can also contact WSQR Lifestyle UG Germany via e-mail:- info@animavinci.com


          9. Liability and Warranty

          WSQR shall be liable without limitation for intent or gross negligence of WSQR, its legal representatives or vicarious agents. In case you order as a business customer, liability is limited to damages typical for the contract. WSQR shall be liable for slightly negligent violations of essential contractual obligations (cardinal obligations) limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose breach endangers the achievement of the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and on whose compliance the contracting party may regularly rely. WSQR shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

          The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.

          To the extent that the liability of WSQR is excluded or limited, this shall also apply to the personal liability of representatives and vicarious agents of WSQR. Of course you are entitled to the statutory warranty rights.

          10. Right of Cancellation and Returns

          You have the statutory right of cancellation if you place your order as consumer (sec. 13 of the German Civil Code). If you place your order as an entrepreneur (sec. 14 of the German Civil Code), you have a right of cancellation in the case of a permanent delivery contract and a right of withdrawal under the statutory conditions in the case of an individual order.

          10.1 Right of Cancellation and Exceptions

          You can cancel your order according to the statutory right of cancellation without giving reasons. You can find more information in the cancellation policy. You can draft your own cancellation notice. For the return shipment we provide you with a return stamp in the returns portal. You are not obliged to use such a return label.

          Attention: The right of cancellation does not apply to contracts

          • for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs;
          • for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed (e.g. opened bottles or
          • for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

          10.2 Cancellation Policy

          Standard cancellation policy for the exercise of your right of cancellation regarding contracts of sale for goods.

          10.3 Right of Cancellation

          You have the right to cancel this contract within fourteen days without giving reasons.

          The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

          In order to exercise your right of cancellation, you must inform us (WSQR Beverage UG Germany, PO Box 44 04 22, 80753 Munich, Germany or info@animavinci.com by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to cancel this agreement.

          In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

          10.4 Consequences of Cancellation

          If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different method of delivery than the low-cost standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

          We may refuse a refund until we have got back the goods or until you have provided proof that you have returned the goods, whichever is earlier.

          You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. This period is deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.

          You bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

          If you have requested that the services shall commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you have informed us of the exercise of the right of cancellation with respect to this Agreement compared to the total scope of the services provided for in the Agreement.

          11. Gift Card / Promotion Code

          Gift Cards must be redeemed within three years from the end of the year in which they were purchased. Only one promotion code can be redeemed per order. The equivalent value of a gift card / promotion code cannot be paid out in cash or offset against other claims. Promotional codes can be tied to a minimum order value that you must reach with your purchase. If you fall below the minimum order value afterwards, e.g. by returning a part of your order, the advantage of the promotion code is not applicable.

          12. Free Articles

          The ownership of free articles is only transferred to you at the end of the cancellation period and the voluntary return period (retention of title). If the free gifts are linked to a minimum order value, the minimum order value refers to one order and must be achieved by this order even after exercising legal rights of withdrawal or contractual rights of return. If the purchase value of your order is reduced below the respective minimum order value due to the exercise of a legal right of cancellation or contractual right of return (except warranty rights), the addition must also be returned with the return of the goods for this purchase. In this case there is no claim to other additions.

            13. Provider Identification according to the German Telemedia Act (§ 5 TMG)

              Address:
              WSQR Lifestyle UG Germany
              PO Box 44 04 22
              80753 Munich
              Germany

              Email: info@animavinci.com

              VAT ID: DE 326 948 634

              Commercial register: Registered at the local court Munich, HRB 252041

              Managing Director: E. S Jasmin

              Online dispute resolution according to Art. 14 para.1 ODR-VO: The European Commission provides a platform for Online Dispute Resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/

              Settlement of disputes before a consumer dispute resolution agency (§ 36 VSBG): We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution agency.