Terms and conditions
§1 Introductory Provisions
- Definition of terms:
- VSG - Vegan Shops Gallery E-Commerce Platform UG (limited liability) - Administrator of the platform;
- VSG - Vegan Shops Gallery E-Commerce Platform UG (limited liability) - platform operator:
Vegan Shops Gallery E-Commerce trading platform UG (limited liability)
HHRB : 741127
E-mail: [email protected]
tel. +49 (0) 721 5099 8925
WhatsApp: 0172 8520 420
- VSG - Vegan Shops Gallery E-Commerce Platform UG (limited liability) - platform operator:
- Reseller - Company offering/selling its products on the Platform;
- Consumer, Buyer, User/User - any person who purchases Products offered on the Platform; a consumer is also an entrepreneur making a purchase on the platform;
- Platform - an ICT system consisting of software, databases, virtual space (own or VPS servers), electronic data transfer system and domain names, constituting a system of virtual (online) shops focused on a specific project and available at https://www.vegan-sg.de is available on servers with VSG access rights, equipped with mechanisms to support online sales and has its own databases;
- Product - all available goods and services offered on the Platform;
- Terms and Conditions - these Terms and Conditions; Their acceptance constitutes the conclusion of the contract;
- Individual Reseller Terms and Conditions - each Reseller's terms and conditions placed in their profile on the Platform;
- EU area - all countries belonging to the European Union;
- EU Distributor - a distributor based in the EU area;
- EU Buyer - a Buyer residing in the EU Territory;
- Foreign company – a distributor based outside the EU area;
- Foreign buyer – a buyer residing outside the EU area;
- VSG - Vegan Shops Gallery E-Commerce Platform UG (limited liability) - Administrator of the platform;
§2. conclusion of contract
- By confirming the registration, the consumer enters into a contract with VSG in accordance with the content of these terms and conditions and appendices.
- The contract is concluded for an indefinite period.
- The contract expires when the consumer's account on the platform is deleted, subject to the condition that the contract continues to be fulfilled to the extent of the orders already placed.
- As part of the concluded contract, VSG enables purchases from sales partners via the platform using the ICT system offered by VSG.
- The consumer does not make any purchases from VSG within the framework of this contract and the use of the platform. VSG is neither the seller nor the supplier of the products.
- The consumer does not bear any costs or fees in favor of VSG in connection with the conclusion of the contract. The consumer only bears the costs of the products purchased and the additional costs of the purchase in favor of the distributor.
- The contract ends automatically if the user account is blocked or deleted.
- VSG has the right to block or delete a user account if after the first 10 purchases 100% of returns have been made or if the number of returns for subsequent purchases exceeds 80%.
- VSG is entitled to suspend or delete a user's account and block their IP address if there is reasonable suspicion that their information is incorrect or that the account is operated by a computer system or program (robot).
- The consumer acknowledges that VSG accepts no financial or legal responsibility for the execution of orders placed on the platform.
§3. Sign up
- The consumer registers on the platform using the registration form. You can find the form at https://vegan-sg.de/customer/account/create/
- The consumer confirms the registration by clicking on the link sent to the e-mail address provided during registration.
- After registration, the consumer can enter and edit their data, which are available in their panel.
- Registration does not oblige you to purchase products on the platform. Registration is free and without obligation.
§4. Log in
- The consumer can log into the platform by providing their credentials.
- After logging in, the consumer can view and edit their data and view their orders.
§5. Orders (Orders)
- The user places an order for a product (or several) by selecting the product(s) and placing them in the shopping cart.
- With the order, the user enters into a civil law contract with the sales partner. The contract is concluded according to the rules listed in §9 of these general terms and conditions.
- If the consumer orders 2 or more products from different distributors, he concludes 2 or more contracts with several contractual partners at the same time.
- After selecting the products and adding them to the shopping cart, the user has an insight into the entire order. The order can be edited or cancelled. No action is required to cancel an order.
- Adding the products to the shopping cart does not involve any civil action and does not create any obligation for the consumer.
- Until approval and payment, the order does not oblige the distributor to fulfill it.
- The order will be handed over for execution after full payment
- The content of the shopping cart can be edited by the consumer. The consumer can add more products or remove products from the shopping cart.
- The final value of the products in the shopping cart may differ from the price displayed next to the products. In particular, other or additional delivery costs, VAT and customs duties may be charged.
- The final value of the purchases and the additional costs are visible in the shopping cart before the purchase is confirmed. These are the final and binding prices. By confirming an order, the consumer undertakes to pay the amount stated therein.
- The availability of the products is updated by the sales partner and VSG is not responsible for the availability of the products. If the ordered product is not available, the buyer has the right to withdraw from the purchase. In this case, he will receive a refund of all payments made immediately, but no later than 7 days after the date of withdrawal from the order.
- In the case mentioned under point 11, the buyer must submit a written cancellation notice and send it to [email protected] and to the appropriate address of the seller.
- The buyer pays for the ordered products using the payment systems available on the platform.
- Third parties who process the payment method selected by the buyer are responsible for payment processing.
- Depending on the type of payment, the payment service provider processes and checks the electronically transmitted data and accepts or rejects the payment. Processing a payment may require:
- making additional acceptances,
- approving the payment using additional applications,
- going to the bank/financial institution's website ,
- or provide additional data.
- VSG ensures that all data transmitted during payment processing is encrypted and that VSG's ICT systems do not store any data . All payment release data is secured.
- Payments are settled and processed via PayPal and Stripe .
- Once the payment is approved by the operator, the order/order is approved and sent for execution.
- VSG and the sales partner are not responsible for any delays or hindrances in processing by payment service providers.
- The payment service provider can refuse to process the payment
- If payment is not approved, declined, or circumstances arise that prevent payment from being finally approved, the order will remain in the cart as *to be paid* and the order will not be processed.
- The circumstances described in Section 9 have no legal effect. The products in the shopping cart are also not reserved for the buyer and their availability may change at a later date.
- If the buyer makes use of the payment service provider's options to block or revoke the payment, VSG will inform the sales partner about the cancellation of the order. In such a situation, VSG will not become involved in disputes between the buyer and the distributor, unless the withdrawal of payment was unjustified.
§7. Deliveries, returns and cancellation
- The delivery of the products is the responsibility of the distributors.
- The sales partner is generally obliged to send the ordered products immediately. Unless otherwise stated in the product description, the processing time is 2 business days. This period defines the recommended sending time, which is extended by the shipping time. The detailed delivery times and conditions are defined by each sales partner in their individual sales conditions.
- The delivery time may be longer due to the fault of the courier service. In this case, VSG and the sales partner are not liable.
- Deliveries are made by courier services as standard.
- In the case of bulky products, the distributor may choose a different form of delivery.
- For bulky products, delivery includes delivery to the specified address and unloading. The product does not have to be worn.
- The shipping partner is not responsible for delivering the product to an incorrect address if delivery is made to the address specified in the order.
- The consumer has the right to return the purchased products on the general terms, subject to the conditions set out in these general terms and conditions and the individual terms and conditions of the relevant distributor.
- The buyer has the right to return the products and withdraw from the contract within 30 days from the delivery date. The seller can set a longer period. A shorter period is not permitted, even if it results from the seller's internal terms and conditions.
- In order to make a return, the buyer is obliged to declare the desire to return in his user panel, to pack the product(s) and to send it back to the supplier's address.
- In the case of returning bulky products, the distributor is obliged to collect them from the place of the previous delivery. The detailed conditions are specified in the individual terms and conditions of the distributor.
- The following products cannot be returned:
- Products with a short shelf life,
- Products made to individual customer order,
- Products showing signs of use
- Products without original markings, labels, etc.
- Delivery is chargeable. The amount of the delivery costs is specified separately when ordering.
- bulky items,
- Orders with a gross value of less than 50 euros from one seller,
- Orders over 30 kg from one seller,
- Deliveries from foreign companies and deliveries outside the EU area, regardless of the weight or value of the ordered products.
- The return shipping costs are borne by the buyer.
- The value of the delivery is added to the order value.
- The delivery conditions and costs are specified and calculated separately for each supplier.
- If products are ordered from several sales partners at the same time, the delivery date (the start of the return period) is the day of posting for each individual sales partner. In the case of partial deliveries of ordered products by a sales partner, the delivery date for the sales partner is the date of the last delivery for an order.
- The return does not require a separate declaration of withdrawal from the contract if this does not result directly from the individual terms and conditions of the sales partner.
- The amount due for the paid order will be refunded to the buyer within 14 days from the date of the return notification. VSG is entitled to withhold reimbursement of the order value until the products are received by the supplier. In this case, the refund will be made within up to 7 days from the date of receipt of the products. The date of receipt of the products is the date specified by the distributor. VSG is not responsible for the deviation of the date given by the sales partner from the actual date, which does not exclude the buyer's claims against the sales partner.
- The sales partner informs VSG about the receipt of the returned products. The date of receipt of the Products is deemed to be the date of notification from the Distributor.
- The VSG is not liable for a delay in reimbursement if this is due to a breach of the obligations under Section 19 or Section 20 by the sales partner. This does not exclude the liability of sales partners towards the buyer for delays.
- In the case referred to in clause 21, the buyer has the right to assert claims against the sales partner.
- If the Distributor fails to comply with the obligation under Section 19, the Buyer will be reimbursed in accordance with the provisions of Section 19 if it provides evidence to VSG that the Products have been returned. In this regard, the buyer must follow the complaints procedure described in clause 24.
- A complaint regarding a refund should be submitted in text form by email to [email protected] and contain the following information and documents:
- customer number,
- Order date and number,
- Reseller name,
- Description, quantity and value of the product,
- Delivery date,
- Date of return with return confirmation.
- In any case, VSG will not intervene and will not be liable if the sales transaction has not been processed through the platform.
- Funds will be refunded using the same method of payment where possible.
- The VSG is entitled to withhold a refund if the distributor proves that he has not received the products back or that the products received are damaged or cannot be returned for any other valid reason or the return cannot be accepted.< /li>
- For deliveries outside the EU area and for deliveries from a foreign supplier, the delivery and return periods may be longer. The supplier and VSG are not responsible for additional delays resulting from the need for customs clearance.
- For deliveries outside the EU area and for deliveries from a foreign supplier, additional fees for taxes and customs duties may apply. If these charges are not added to the order value and are payable to the distributor, the buyer must pay the amount due within 7 days of receipt of the distributor's request. Additional charges may only concern VAT and customs duties, which by law are to be paid by the buyer. The obligation to pay taxes and duties can concern payment directly to the tax office or the customs office.
- The buyer is obliged to observe the additional conditions from the RIGHT OF WITHDRAWAL as well as the individual terms and conditions of the sales partner. Right of withdrawal is published on vegan-sg.de.
§8. Complaints and Dispute Resolution
- All complaints and disputes are primarily to be clarified by the buyer directly with the sales partner.
- Complaints must be submitted in text form. It is recommended to use the e-mail address provided by the distributor under the "Imprint" tab of his shop, unless his terms and conditions provide for other forms of complaint.
- The distributor may set individual conditions for filing and handling of complaints that deviate from those mentioned here if this is justified by the specific nature of the products sold or other relevant circumstances. Especially if this results directly from the legal provisions of the distributor's country.
- A general period of 14 days is set for considering a complaint from the date of its submission. The complaint must contain detailed information, e.g. E.g.: and specify the scope of the complaint and attach documents confirming the buyer's claims. It does not apply to complaints about non-delivery of products.
- If the parties have not reached an agreement on the complaint, the buyer has the right to forward the complaint to VSG for help in solving the problem.
- The VSG is not the ultimate dispute resolution body and is not responsible for settling the dispute.
- If the dispute between the parties is not resolved within 30 days of the first complaint, VSG is entitled to suspend settlements for the distributor and withhold reimbursement to the buyer until the dispute is resolved. In this case, the funds will be secured and will be transferred to the party who can prove their claim and eventually render a judgement.
- If the financial resources are not secured, mutual financial claims are asserted without the participation and support of the VSG.
§9. Individual terms and conditions of the sales partner
- The sales partner determines the individual sales conditions, which are published on https://www.vegan-sg.de under the tab sales partner shop / terms and conditions.
- The Individual Conditions of Sale cannot modify these Conditions, subject to clause 3. In the event of a conflict between a provision in the Individual Conditions of Sale and the content of these Conditions, these Conditions shall apply.
- The conditions of sale must not conflict with applicable law.
- In the event of a conflict between the laws of the country of the distributor, the platform and the buyer, German law or the law of the country of the distributor will always apply if this is stated in its individual terms of sale, provided that this does not conflict with the content of these general terms and conditions .
- The buyer is required to read the individual terms and conditions of each distributor before making a purchase. By accepting the order, the buyer accepts these terms and enters into a contract with the distributor.
§10. Supplementary conditions for sales outside the EU area
- These provisions only apply if the buyer or sales partner is not resident in the EU area.
- The conditions of sale may vary from country to country. This applies to product availability, delivery times, prices, additional charges and return policies.
- The sales partner has the right to determine different delivery costs.
- The gross price may differ from the price stated in the sales offer due to different VAT rates. Additional customs fees may be added to the product price.
- If this results directly from the legal provisions, the obligation to pay customs duties and VAT and to register the transaction can be transferred to the buyer.
§11. Guarantee for vegan products
- VSG assures that all products offered on the platform are vegan and meet the following criteria:
- the products do not contain any ingredients of animal origin, with the exception that food products may contain a small amount of milk (such a declaration is made for some plant-based products , derived from plants that may have contact with cattle),
- the products have not been tested on animals,
- no animals have been used in the manufacturing process,
- Fish, bees and seafood are also defined as animals.
- If misuse by a sales partner is determined within the scope of clause 1, the buyer can submit a complaint directly to VSG and return the product to the sales partner.
- In the case referred to in paragraph 2, the buyer will be refunded the amount due plus the additional costs of the purchase within 7 days from the date of notification and the account of the distributor will be blocked or deleted.
- Buyers can add Meiningen to the products they purchase. Adding a review is only possible if the product has been purchased on the platform.
- The assessment must be objective and detailed
- The use of vulgar language and any form of hate speech is not allowed in the reviews.
- A review can only relate to one product. It must not concern the seller and contain no personal data.
- The VSG is entitled to remove opinions that violate these rules, as well as negative opinions, if it is clear from their content that the opinion is subjective (arising from taste or taste preferences, e.g. the product is too sweet; the color I don't like it; - does not apply if the product does not match the description or photos).
- The VSG removes ratings added by robots or other ICT systems.
- In the event of a negative review, the Distributor may file a complaint with VSG and on this basis the review will be removed if it is recognized that it is intended to mislead other customers. Before removing a review, VSG may ask the buyer for additional clarification.
- User reviews that are notoriously negative will be deleted unless their content leaves no doubt as to the accuracy of the review and is not intended to discredit vegan product distributors.
- Each user accepts the terms of storage and use of personal data provided during registration and purchase.
- The administrator of personal data is Vegan Shops Gallery E-Commerce Platform UG.
- All user data is stored and processed exclusively in electronic form.
- VSG assures that the user data is secured electronically with suitable software and access to the data is secured both during electronic transmission and in the databases.
- In addition to the data provided by the user, VSG also stores digital data from the devices from which the connection is established, in particular the IP address.
- The user has the right to view, edit and delete his data. At the request of the user, his data will be deleted by VSG.
- The user's personal data will only be processed for the purpose of proper contract processing and the execution of purchases.
- The user's data will not be disclosed to third parties, with the exception of:
- distributors and other companies that deliver the products related to the orders,
- state authorities authorized to control this data, in particular the tax authorities and the police
- other authorities only after separate approval.
- PThe sales partner is not entitled to use the user's data for advertising and marketing purposes, unless the user has given his separate consent directly to the sales partner.
- In the event of the deletion of the user's data, VSG has the right to store them for as long as is necessary for the proper performance of all the provisions of the concluded contracts and for tax and accounting documentation in accordance with VSG's legal obligations.
- VSG is entitled to use the user's data for advertising and marketing purposes only with his separate consent.
- The current full data protection regulations are published at https://vegan-sg.de/media/regulations/de_DE/datenschutzerklarung.pdf
§14. Promotion, advertising and gift cards
- The advertising and sales promotion actions are carried out on the basis of separate provisions for each of these actions.
- The user is not obliged to redeem received vouchers and discount codes.
- Discounts cannot be exchanged for other discounts or cash.
- The user may not refer to the content of any advertisement that is solely advertising and promotional material. The terms and conditions of the promotion are set out solely in its terms and conditions. The VSG is responsible for the final interpretation of the conditions of the funding campaign.
- Each distributor has the right to include additional advertising and promotional materials with the ordered products if they are from VSG. This does not constitute a breach of data protection regulations.
- The user can use gift cards at any time up to the amount for which the card was issued and for the period up to which the card is valid.
- Gift cards can be returned according to the general conditions of German law. If the gift card was purchased from a brick-and-mortar retailer, the conditions of return are determined by the seller. In the case of a gift card purchased online directly from de VSG, the user can return it within 30 days of purchase. Gift cards made out to a specific person, including those associated with a specific email address, are considered custom-made and are non-refundable.
- The gift card can only be used once. Partial use of the card is excluded. If the value of the card is lower than the value of the purchases, the buyer is obliged to pay the difference. If the value of the card is higher than the value of the purchases, the difference between the value of the card and the value of the purchases will be forfeited to VSG.
- Participation in advertising and sales promotions can be limited to certain consumers and made dependent on certain actions by the user.
- Promotions and promotions can be global, local, specific to specific products, or specific to a specific distributor's products.
- The Platform will not redeem external discount coupons granted by a Reseller outside of the Platform or gift cards issued by a Reseller. Discount Codes made available by a Distributor on condition that they can be used on the Platform will be redeemed.
- The VSG can send the user advertising, promotional or general information via electronic channels for the transmission of digital data to the e-mail address provided by the user if the user has consented to this and registered for the system for sending such information - newsletter Has.
- The user registers for the newsletter via a script installed on the VSG website.
- The user can unsubscribe at any time by clicking on the link provided in the email. The user is deleted automatically and immediately.
- A user will be removed from the list of subscribers if he submits a corresponding request to VSG via his e-mail address registered in the computer system. The application should be sent to the e-mail address [email protected] In the event of a manual deletion of a user, VSG will do so immediately, reserving the right to do so within 14 days.
- If the registration for the newsletter is associated with additional advantages for the user, such as an additional discount, etc., the user loses this right when he unsubscribes from the newsletter.
§16. Technical conditions
- VSG provides the user with an ICT system that offers the possibility of purchasing products available on the platform, which are offered by registered sales partners equipped with systems for digital data transmission.
- The VSG uses external servers within the EU area.
- VSG has the unrestricted right to use all mechanisms installed on the platform for commercial purposes, as well as all images and other components protected by copyright (copyright). In addition, VSG ensures that neither the platform nor its parts are encumbered with the rights of third parties.
- VSG takes over the administration and IT maintenance of the platform.
- The VSG provides server space, database support, backup copies and data transfer to ensure the proper functioning of the platform.
- The online payment services are provided by external companies authorized to provide such services ( Stripe and PayPal) and guarantee all major payment methods.
- The platform is integrated with Google Marchant and the Facebook Store. VSG and the sales partners assume no responsibility for the correct functioning of these applications.
- The VSG ensures that electronically transmitted data is encrypted with a suitable key for encrypting the digital data transmission. The SSL key has a valid (current) certificate.
- VSG guarantees the security of the data on the servers and the security of data transmission using the appropriate software.
- The sales partner is solely responsible for the content of the product descriptions and photos with regard to their correctness as well as the copyright and publication rights.
- The sales partner is obliged to provide an electronic postal address (e-mail) for the delivery of correspondence. The VSG does not have access to the content of messages sent directly between the consumer and a sales partner via e-mail.
- In the event of a system failure, VSG undertakes to take immediate measures to restore system operation.
- VSG is not responsible for interruptions in access to the services caused by natural disasters or other acts of God, global IT network failures, service interruptions due to failures of external global providers (Google, Facebook, PayPal, Stripe ).
- The disruption caused by the failure must not last longer than 24 hours from the time of reporting.
- VSG reserves the right to technical interruptions. Each technical interruption may last a maximum of 6 hours and will be scheduled during the night hours (10 p.m. to 6 a.m.) if possible.
- The VSG undertakes to archive and store the digital data of all transactions in order to ensure the security of the data against loss.
- The user is not entitled to intervene in the information and communication system, to make changes to the software and the databases or the connections between the system and the databases.
- The integration of third-party systems and software into the platform for the buyer is not permitted.
- The use of ROBOTER software for sales management is prohibited.
- In the event of a failure of the ICT system, as a result of which part of the data entered into the system immediately before the failure was not registered in the system, VSG is not liable.
§17. Technical Support and Customer Service
- In order to receive technical support for the functioning of the platform, the FAQ https://vegan-sg.de/faq-und-hilfe and Help areas are available to the user. If the materials and information available on the VSG website are not sufficient, the user can request support by sending an email to [email protected]
- For further information about the products offered on the platform and about the processing of an order, the user can contact the sales partner directly. The contact details of the distributor are available on the platform.
- If it is not possible to reach the distributor, the questions remain unanswered, the delivery does not take place or if other serious difficulties arise, the user must inform VSG immediately, otherwise he loses his right to any financial claims against VSG.
- VSG provides limited support and customer service related to the products offered on the platform. VSG is not obliged to have any knowledge of the products other than that made available to it by the sales partner.
- As part of customer service, VSG provides information to the best of its knowledge and belief based on the current data records registered in the ICT system.
§18. security of the buyer
- All transactions between the buyer and the distributor are carried out on the basis of the contract concluded between the parties electronically.
- The transaction in accordance with these terms and conditions.
- VSG can only be financially liable to the buyer up to the amount of the payment made for the purchase/order. Under no circumstances is the VSG liable financially and legally for further claims such as damages, compensation, etc.
- VSG is financially responsible to the buyer for the refund of the amounts paid for the ordered products if returned in accordance with these General Terms and Conditions, subject to the rules set out by the distributor in his individual terms and conditions and the German statutory provisions on withdrawal from the contract. This also applies to orders that have not been processed by the sales partner.
- OVSG's liability shall lapse if the buyer has not complied with the deadlines set out in the terms and conditions and/or statutory provisions or has not followed the procedures set out in the general terms and conditions.
- The buyer is obliged to report the claims to which he is entitled in text form by email to [email protected] within 30 days of the claim arising or after becoming aware of the claim.
§19. Final Provisions
- General terms and conditions, contracts, correspondence are in German. All translations are of an auxiliary nature only and the VSG cannot be held liable for translation errors or translation-related misunderstandings.
- The provisions of German law apply to all matters not regulated in these General Terms and Conditions.
- Changes to the contractual terms (the General Terms and Conditions / GTC) require the publication of the new GTC on the website www.vegan-sg.de. The content of the changes will be sent to the Reseller's email address at least 30 days in advance, indicating the effective date of the new terms. The new terms will be deemed accepted if the distributor does not terminate the contract within 30 days from the date of their delivery by e-mail.
- The relevant provisions of German law apply to these General Terms and Conditions.
- All disputes between the parties that cannot be resolved through negotiation shall be settled by the local court for VSG and all disputes between the Buyer and the distributor shall be settled by the court provided for by law, subject to the individual terms and conditions of the distributor.