Terms of Service:

§ 1 Validity of these terms and conditions

(1) The deliveries and services as well as offers from vinyl-rack.com, Hüttenstrasse 32, 40215 Düsseldorf (hereinafter referred to as"contractor"or"we") are made exclusively on the basis of these terms and conditions if the customer (hereinafter also"client"Or"you") is a consumer within the meaning of § 13 BGBA consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

(2) Deviating terms and conditions of the client do not applyThey do not apply even if we do not expressly contradict them.

(3) All contracts with the customer are concluded exclusively in GermanThe translation into English is only a customer service and is not relevant.

§ 2 Conclusion of a contract for orders via our website

(1) The presentation of our products on our website is for information purposes and represents the conclusion of a contract when a production order is placed.

(2) Your order via our website, however, represents a binding offer to conclude a contractBy initiating an order process, you bindingly declare that you want to order the goods (s) you have selected and pay the specified price under the conditions stated on the website and in these GTCSince we make our products by hand, an objection is not possible (https://www.gesetze-im-internet.de/bgb/__312g.html; §2 paragraph 1).

(3) The website is made available through Shopify.comYou can order via our website as a guest or with a password-protected user account created by youIt is your responsibility to ensure that your personal master, shipping and, if applicable,Payment details are complete and correct and, if applicable,to keep them up to date in their own customer accountThe customer account gives you an overview of your ordersTo delete your customer account, please contact order@vinyl-rack.comYou are responsible for keeping the password secret and you must inform us immediately of any unauthorized use that you become aware of.

(4) A binding contract is concluded when you have received an order confirmation from us by email after placing your orderWith this email orYou will receive your order information as an attachment to this e-mail.

§ 3 prices, order changes, return costs

(1) All prices quoted by us are final prices in euros without the statutory sales tax, as vinyl-rack.com is not obliged to raise this ( § 19 UStG)Costs for third-party services (e.g.Shipping is always 1:1 inclSales tax passed on to the customerThe amount of the individually applicable shipping costs can be found on our website within the order processThis depends on weight and size, respectivelythe quantity of products orderedFor deliveries of goods outside the European Union and Switzerland, import duties (customs duties) and other costs may also apply; these are to be borne by you.

(2) If the client subsequently requests changes to the data provided by the client for the execution of the order or if similar additional work is initiated, the contractor will only carry out this work after separate agreement with the client against reimbursement of the additional effort caused by this.

(3) If you want to legitimately complain about a product, you have to bear the direct costs of returning the goodsPlease note that our products are handcrafted commissioned work, which may differ slightly from the template provided in the online shopSuch a deviation is no basis for a complaint (https://www.gesetze-im-internet.de/bgb/__312g.html; §2 paragraph 1).

§ 4 cancellation policy/exclusion of the right of cancellation.

- Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by you is decisive;

- Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.

Important NOTE:

Since the products of vinyl-rack.com are by nature made to order, which are produced by hand after the order has been placed by the customer, a fundamental withdrawal from the contract is not possible for this offer (https:// www .gesetze-im-internet.de/bgb/__ 312g.html; §2 paragraph 1)

§ 5 Delivery and time of performance, reservation of self-delivery

(1) Agreed performance times are measured in working daysWorking days are Monday to Friday with the exception of public holidaysAgreed delivery periods begin according to the latest arrival time for the respective working day and require timely and proper provision of the necessary cooperation by the customer.

(2) Delivery delays are possible due to the nature of the productsThe client is entitled at any time to request the status of his order.

 (4) Depending on the scope of the order by the client, a partial delivery may be usefulThe contractor will inform the client to the best of its knowledge and belief about the course of the shipment in accordance withthe information of the shipping service provider.

(6) If the contractor due to the unavailability of goods or materials, respIf there is a lack of production resources, the ordered goods cannot be delivered on time or not at all, the client will be informed of this as soon as possiblecommunicated the expected new delivery timeIf delivery by the contractor is not possible, the contractor can withdraw from the contractIn such a case, the client will be reimbursed the full purchase price.

§ 6 shipping

(1) Delivery is made to the delivery address specified by the clientA subsequent change at the customer's request (also with regard to the delivery option selected at the beginning) must, if still possible, be agreed as a change to the contract, subject to a different regulation in individual cases, a flat-rate processing fee of EUR 12.00 plusany further costs from a change in the delivery option.

(2) The shipping of the vinyl racks is insured. In order for the insurance to be valid, the recipient must absolutely open the package with the courier and check that the contents are 100% in order. If something is wrong, the recipient should refuse to accept it. If the recipient accepts the package and only then is damage to the product discovered, according to applicable law, the product is its owner and the only person who can assert claims against the transport company. Only the shipping service provider is the issuer of the shipping insurance.

§ 7 Rights of the client in the event of defects/warranty

You are entitled to the statutory warranty rights, unless otherwise regulated below.

(1) If the delivered object/the delivered service/goods do not correspond to the quality agreed between the client and the contractor in accordance withthe product presentation on the website vinyl-rack.com, the contractor is obliged to supplementary performance

(2) Due to the individual production of the vinyl racks, deviations are commonA complaint must make the intended use impossible or visually differ significantly from the product information provided on vinyl-rack.com.

 This applies in particular to:

- Slight color variations per vinyl rack

- Minor cutting and folding tolerances and misalignment

(3) The contractor assumes no liability for changes to the delivered goods/services or the delivered item by the client or third parties, unless he is responsible for thisThe contractor is also not liable for normal wear and tear, as well as breakage damage caused during assembly, as well as during use due to non-decisive treatment of the product

§ 8 Limitation of Liability

(1) All liability except for negligence that can be proven to be attributable to the contractor in the production of the vinyl rack is excluded.

(2) Claims for damages against the contractor - regardless of the legal reason, in particular due to breach of obligations arising from the contractual relationship by the contractor, its legal representatives, employees or vicarious agents, from § 311 a BGB or from tort - are excluded.

(3) As far as the liability of the contractor is limited or excluded according to the above regulations, this also applies to the personal liability of the legal representatives, employees and vicarious agents of the contractor.

(4) A change in the burden of proof to your disadvantage is not associated with the above regulations.

(5) Your claims for damages and reimbursement of expenses expire within the statutory limitation periods from the start of the statutory period.

§ 9 retention of title; On Bill; Right of retention

(1) We reserve title to the purchased item until the invoice amount has been paid in fullThe corresponding security rights are transferable to third parties.

(2) The customer is only entitled to offset if his counterclaims have been legally established or are undisputed or recognized by us or are in a close mutual relationship to our claim, such as in the case of warranty claimsIn addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

(3) If the customer is in default of any payment obligations towards the contractor, all existing claims are due immediately.

§ 10 payment

(1) You can choose from the payment methods offered in the ordering processWe provide further information on our website.

(2) Payment is made idR.even before production begins.

(4) If the customer culpably and unjustifiably refuses to accept the goods, the customer is not entitled to a refund of the purchase amount (https://www.gesetze-im-internet.de/bgb/__312g.html; §2 paragraph 1).

§ 15 Third party rights and unauthorized content

(1) The unauthorized production of the vinyl rack with all its properties is strictly prohibited by companies other than vinyl-rack.com.

(2) The contractor will pursue such an offense under criminal law. Potential legal violations can be reported.

§ 11 Commercial property rights and copyrights of the contractor

(1) The contractor reserves the right to all services provided by the contractor - in particular graphic drafts, text and image designs, layouts, product templates, development blueprints, etc.- the industrial property rights and copyrights.

(2) With his fee, the client only pays for the goods produced, but does not acquire any further rights to the commercial property rights, copyrights or other ancillary copyrights of the contractorIn particular, the client has no right to duplicate or otherwise reproduce the performance results of the contractorThe simple, non-transferable and non-sublicensable right of reproduction can, however, be granted to the client against payment of a fee as part of a separate agreement to be concluded in text formOnly with the payment of the fee agreed there does the contractor grant the client the simple, non-transferable and non-sublicensable right of reproductionThere is no entitlement to such a separate agreement.

§ 12 Confidentiality

The information and materials made available to the contractor by the client for the performance of the services under this contract are not considered confidential and do not have to be treated confidentially by the contractor, unless the parties expressly agree otherwise in writing in individual cases.

§ 13 data and order documents

(1) Data that the contractor receives from the client in order to fulfill the order placed will be stored and used by the contractor exclusively for the execution of the order received.

(2) The contractor may process personal data as part of the business relationship (e.g.Salutation, name, address, telephone number, bank details, etc.) of the client or third parties that the client transmitsSuch processing is necessary for the contractor to fulfill a contract or to carry out pre-contractual measures and is only carried out for this purposeThe client is responsible for the legality of the transmission and processing to fulfill the order or the request and for the fact that - if necessary - the corresponding consent of the data subjects is available.

§ 14 final provisions

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG)This choice of law does not affect the applicability of those provisions from which, according to the law of the state in which the client has his habitual residence, may not be deviated from by agreement, provided that the contractor, a) carries out his professional or commercial activity in the state in in which the client has his habitual residence, or b) directs such activity in any way towards this state or towards several states, including this state.

(2) If general terms and conditions or other contractual agreements have not become part of the contract in whole or in part or are ineffective, the rest of the contract remains effective.

(3) The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

vinyl-rack.com, 2020