Terms & Conditions

1. Scope

THESE TERMS AND CONDITIONS (T&C) APPLY FOR ALL DELIVERIES BY VIAL GMBH TO CONSUMERS (ARTICLE 13 GERMAN CIVIL CODE).

 

2. CONTRACTUAL PARTNER

THE PURCHASE AGREEMENT IS MADE WITH: VIAL GMBH, SCHUMANSTR. 16, D-52146 WÜRSELEN, GERMANY, COMMERCIAL REGISTER: DISTRICT COURT AACHEN, HRB 15702.

IF YOU HAVE ANY QUESTIONS, COMPLAINTS OR OTHER ISSUES, YOU CAN TELEPHONE US ON WEEKDAYS FROM 09:30 HRS TO 18:00 HRS, +49 (0) 2405 4996 2750, OR EMAIL US AT This email address is being protected from spambots. You need JavaScript enabled to view it.

 

3. OFFER AND CONCLUSION OF CONTRACT

3.1 THE PRESENTATION OF PRODUCTS IN THE ONLINE SHOP DOES NOT CONSTITUTE A LEGALLY BINDING OFFER, BUT IS A REQUEST TO ORDER. ERRORS EXCEPTED.

 

3.2 BY CLICKING ON THE “BUY NOW” BUTTON, YOU ARE MAKING A BINDING ORDER FOR THE GOODS LISTED ON THE ORDER PAGE. THE PURCHASE AGREEMENT BECOMES VALID WHEN WE ACCEPT YOUR ORDER BY EMAILING AN ORDER CONFIRMATION DIRECTLY AFTER RECEIVING IT.

 

4. RIGHT TO CANCEL

4.1 YOU HAVE A TWO-WEEK CANCELLATION PERIOD. YOU CAN CANCEL YOUR ORDER DECLARATION WITHIN 14 DAYS WITHOUT GIVING A REASON IN TEXT FORM (E.G. BY LETTER, FAX OR EMAIL) OR – IF YOU RECEIVE THE GOODS BEFORE THIS DEADLINE – BY RETURNING THE GOODS. THE DEADLINE COMMENCES ON RECEIPT OF THIS INFORMATION IN TEXT FORM, AND NOT BEFORE RECEIPT OF THE GOODS BY THE RECIPIENT (IN THE EVENT OF RECURRING DELIVERY OF THE SAME GOODS NOT BEFORE RECEIPT OF THE FIRST PART DELIVERY) AND NOT BEFORE FULFILMENT OF OUR DUTIES TO PROVIDE INFORMATION AS PER ARTICLE 246 (2) IN CONJUNCTION WITH PARA 1 (1) AND (2) EGBGB [INTRODUCTORY ACT TO THE GERMAN CIVIL CODE]  AND OUR OBLIGATIONS AS PER PARA 312 G (1) SENTENCE 1 OF THE GERMAN CIVIL CODE IN CONJUNCTION WITH ARTICLE 246 (3) OF THE EGBGB. THE DEADLINE FOR CANCELLATION IS DEEMED MET IF THE CANCELLATION OR ITEM IS SENT IN GOOD TIME.

THE CANCELLATION IS TO BE SENT TO:

VIAL GMBH

SCHUMANSTR. 16

D-52146 WÜRSELEN

T +49 (0) 2405 4996 2750

F +49 (0) 2405 4996 2770

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

CONSEQUENCES OF CANCELLATION:

IN THE EVENT OF VALID CANCELLATION, THE PERFORMANCES RECEIVED ON BOTH PARTS ARE TO BE RETURNED AND ANY BENEFITS (E.G. INTEREST) HANDED OVER. IF YOU ARE UNABLE TO RETURN THE PERFORMANCE AND BENEFITS (E.G. BENEFITS OF USE) TO US, OR CAN ONLY RETURN THEM PARTLY OR ONLY IN A DETERIORATED CONDITION, THEN YOU SHALL BE OBLIGED TO PROVIDE US WITH COMPENSATION. YOU NEED ONLY PROVIDE COMPENSATION FOR THE DETERIORATION OF THE ITEM AND FOR ANY BENEFITS DRAWN IF THE USE OR DETERIORATION IS THE RESULT OF HAVING HANDLED THE ITEM IN A WAY THAT GOES BEYOND CHECKING THE PROPERTIES AND THE TYPE OF FUNCTION. "TESTING THE PROPERTIES AND THE TYPE OF FUNCTION" MEANS THE TESTING AND TRYING OF THE GOODS SUCH AS IS POSSIBLE AND NORMAL IN A STORE. GOODS THAT CAN BE SENT BY PARCEL POST ARE TO BE RETURNED AT OUR RISK. YOU SHALL BEAR THE REGULAR COSTS FOR RETURNING THE GOODS IF THE DELIVERED GOODS ARE AS ORDERED AND PROVIDED THE VALUE OF THE GOODS TO BE RETURNED DOES NOT EXCEED THE AMOUNT OF € 40 OR, IN THE EVENT OF THE PRICE OF THE ITEM BEING HIGHER, YOU HAVE NOT YET RENDERED THE CONSIDERATION OR A CONTRACTUALLY AGREED PART PAYMENT AT THE TIME OF CANCELLATION. IN ALL OTHER RESPECTS THE RETURN SHALL BE FREE FOR YOU. ITEMS THAT CANNOT BE SENT AS PARCELS WILL BE COLLECTED FROM YOU. OBLIGATIONS TO REFUND PAYMENTS MUST BE MADE WITHIN 30 DAYS. FOR YOU, THIS PERIOD COMMENCES WITH THE SENDING OF YOUR DECLARATION OF CANCELLATION OR ITEM, AND FOR US WITH RECEIPT OF THE SAME.

 

END OF THE CANCELLATION

 

4.2 I IS NOT POSSIBLE TO CANCEL THE DELIVERY OF GOODS THAT ARE MADE TO CUSTOMER SPECIFICATIONS OR ARE CLEARLY TAILORED TO PERSONAL REQUIREMENTS OR THE DELIVERY OF AUDIO OR VIDEO RECORDINGS OR OF SOFTWARE IF YOU HAVE BROKEN THE SEALS OF SAID DATA CARRIERS.

 

4.3 PLEASE AVOID DAMAGE AND SOILING. IF AT ALL POSSIBLE, PLEASE RETURN THE GOODS IN THEIR ORIGINAL PACKAGING WITH ALL ACCESSORIES AND ALL PACKAGING MATERIALS. IF NECESSARY, USE APPROPRIATE OUTER PACKAGING. IF YOU NO LONGER HAVE THE ORIGINAL PACKAGING, PLEASE USE ANOTHER SUITABLE FORM OF PACKAGING THAT WILL PROVIDE ADEQUATE PROTECTION AGAINST TRANSPORTATION DAMAGE IN ORDER TO AVOID CLAIMS FOR DAMAGES RESULTING FROM POOR PACKAGING.

 

4.4 BEFORE RETURNING GOODS, PLEASE TELEPHONE US ON +49 (0) 2405 4996 2750 OR WRITE TO This email address is being protected from spambots. You need JavaScript enabled to view it. IN ORDER TO INFORM US THAT YOU ARE RETURNING A DELIVERY. THIS WILL HELP US TO ASSIGN YOUR PRODUCTS QUICKLY.

 

4.6 PLEASE NOTE THAT THE MODALITIES GIVEN IN ITEMS 4.3 AND 4.4 ARE NOT CONDITIONS FOR THE SUCCESSFUL EXECUTION OF THE RIGHT TO CANCEL.

4A. COSTS FOR RETURN WHEN EXECUTING THE RIGHT TO CANCEL
IF YOU ELECT TO USE YOUR STATUTORY RIGHT TO CANCEL (SEE CANCELLATION), YOU SHALL BEAR THE REGULAR COSTS FOR RETURNING THE GOODS IF THE DELIVERED GOODS ARE AS ORDERED AND PROVIDED THE VALUE OF THE GOODS TO BE RETURNED DOES NOT EXCEED THE AMOUNT OF € 40 OR, IN THE EVENT OF THE PRICE OF THE ITEM BEING HIGHER, YOU HAVE NOT YET RENDERED THE CONSIDERATION OR A CONTRACTUALLY AGREED PART PAYMENT AT THE TIME OF CANCELLATION. IN ALL OTHER RESPECTS THE RETURN SHALL BE FREE FOR YOU.

 

5. PRICES AND POSTAGE COSTS

5.1 THE PRICES GIVEN ON THE PRODUCT PAGES CONTAIN THE LEGAL RATE OF VAT AND ALL OTHER PRICE COMPONENTS.

 

5.2 IN ADDITION TO THE QUOTED PRICES, WE CHARGE THE STANDARD AMOUNT OF € 3.90 FOR DELIVERIES WITHIN GERMANY. YOU WILL BE CLEARLY INFORMED OF THE POSTAGE COSTS AGAIN ON THE PRODUCT PAGES, IN THE BASKET SYSTEM AND ON THE ORDER PAGE.

 

6. DELIVERY

6.1 DELIVERIES WITHIN GERMANY ARE MADE WITH DHL.

 

6.2 DELIVERY TIMES ARE USUALLY 2-5 DAYS. DETAILS OF OTHER DELIVERY TIMES ARE INDICATED ON THE PRODUCT PAGES.

 

7. PAYMENT

 

7.1 THE PAYMENT METHODS ARE EITHER IN ADVANCE, BY PAYPAL OR BY CREDIT CARD.

 

7.2 IF YOUR CHOSEN PAYMENT METHOD IS PREPAYMENT, WE WILL PROVIDE YOU WITH OUR BANK DETAILS IN THE ORDER CONFIRMATION AND WILL DELIVER THE GOODS AFTER RECEIPT OF YOUR PAYMENT.

 

7.3 YOU SHALL ONLY BE ENTITLED TO OFFSET IF YOUR COUNTERCLAIMS HAVE BEEN DECLARED FINAL AND ABSOLUTE IN A COURT OF LAW OR ARE UNCONTESTED OR HAVE BEEN ACCEPTED BY US IN WRITING.

 

7.4 YOU MAY ONLY EXERCISE A RIGHT OF RETENTION IF THE CLAIMS ARISE FROM THE SAME CONTRACTUAL RELATIONSHIP.

 

8. RETENTION OF OWNERSHIP

THE GOODS SHALL REMAIN OUR PROPERTY UNTIL PAID FOR IN FULL.

 

FURTHER INFORMATION

ORDER PROCESS

ONCE YOU HAVE FOUND THE PRODUCT YOU ARE LOOKING FOR, YOU CAN PLACE IT IN THE BASKET BY CLICKING ON THE “IN BASKET” BUTTON; THIS IS WITHOUT OBLIGATION. YOU CAN CHECK THE CONTENTS OF YOUR BASKET AT ANY TIME BY CLICKING ON THE “BASKET” BUTTON; THIS IS WITHOUT OBLIGATION. YOU CAN REMOVE ANY ITEMS FROM YOUR BASKET AT ANY TIME BY CLICKING ON THE “X” BUTTON OR BY CHANGING THE “QUANTITY”. IF YOU WANT TO PURCHASE THE ITEMS THAT ARE IN YOUR BASKET, CLICK ON THE “BUY NOW” BUTTON. THEN PLEASE ENTER YOUR DETAILS. INFORMATION THAT IS REQUIRED IS MARKED WITH AN *. THERE IS NO NEED TO REGISTER. HOWEVER, REGISTRATION IS POSSIBLE IF YOU WISH TO PROCESS FUTURE ORDERS MORE QUICKLY. YOUR DETAILS WILL BE ENCODED BEFORE TRANSFERRING. ONCE YOU HAVE ENTERED YOUR DETAILS AND CHOSEN YOUR PAYMENT METHOD, THE [CHECK ENTRIES] BUTTON WILL TAKE YOU TO THE ORDER PAGE WHERE YOU CAN CHECK YOUR ENTRIES ONCE AGAIN. CLICK ON “BUY NOW” TO COMPLETE THE ORDER PROCESS. YOU WILL FIND FURTHER INFORMATION E.G. ON MAKING CORRECTIONS ON THE INDIVIDUAL PAGES.

 

CONTRACT TEXT

THE CONTRACT TEXT IS SAVED ON OUR INTERNAL SYSTEMS. YOU CAN READ THE GENERAL TERMS AND CONDITIONS HERE AT ANY TIME. THE ORDER INFORMATION AND T&C WILL BE SENT TO YOU BY EMAIL.

ONCE YOU HAVE COMPLETED YOUR ORDER, YOUR ORDER DETAILS WILL NO LONGER BE ACCESSIBLE VIA THE INTERNET FOR SAFETY REASONS. IF YOU ARE A REGISTERED CUSTOMER, YOU CAN LOG IN AND CHECK YOUR ORDERS.