Terms of service

Terms and Conditions

Welcome to us.vacuvin.com ("Website"). These Terms and Conditions ("Terms") govern your use of the Website and the purchase of products, services, and digital content offered through the Website. By accessing or using the Website, you agree to these Terms. If you do not agree, please refrain from using the Website.

These Terms apply to every offer made by us (the "Trader") and to every contract concluded through the Website, whether with a consumer/business customer. Prior to concluding a contract, the applicable Terms will be made available electronically in a format that can be stored on a durable medium. If electronic delivery is not reasonably possible, we will indicate how the Terms can be inspected and provide a copy free of charge upon request. Where specific product or service-related terms apply, the consumer/business customer may invoke the terms most favorable to them in the event of inconsistencies.

Trader Information:

Vacu Vin USA Inc.
1009 Forsyth Avenue, Suite C, NC 28079 Indian Trail, United States
Phone: +1 704 882 3521 (Monday - Thursday 08:00 – 17:00 | Friday 08:00 – 15:00 CET)
Email: info.us@vacuvin.com
Chamber of Commerce number: 1071638
Tax ID number: 26-3726131

Article 1 - Definitions

The following definitions apply in these terms and conditions:

Supplementary Agreement: An agreement where a consumer/business customer obtains products, digital content, and/or services through a distance contract, and a third party, in accordance with an agreement with the Trader, delivers these items.
Withdrawal Period: The time frame within which the consumer/business customer can exercise their right to withdraw from a contract.
Consumer: A natural person purchasing products for personal use, not related to a business, trade, or profession.
Business Customer: A business entity purchasing products for commercial purposes.
User: Any individual or entity accessing or using the website.
Day: A calendar day.
Products: Items available for purchase on the website.
Digital Content: Data provided in a digital format.
Extended Duration Transaction: A distance contract for a series of products or services delivered over time.
Durable Medium: A method (including email) that allows information to be stored and accessed later in a way that preserves the original content.
Right of Withdrawal: The consumer’s/business customer’s ability to cancel a distance contract within the withdrawal period.
Trader: A natural or legal person offering products, digital content, and/or services to consumers/business customers remotely.
Distance Contract: A contract concluded between a Trader and consumer/business customer, facilitated through distance communication methods, without the need for the consumer/business customer and Trader to meet in person.
Model Form for Right of Withdrawal: The European model form (Appendix I) for withdrawing from a contract. The Trader need not provide this form if the consumer/business customer has no right of withdrawal.
Technique for Distance Communication: Any method of communication used for making offers or concluding contracts without the need for the consumer/business customer and Trader to be physically present.

Article 2 – Use of the Website

Eligibility: By using the Website, you confirm that you are at least 18 years old or have parental consent and are legally capable of entering into binding contracts.
Account Registration: To place orders, you may need to create an account. You are responsible for ensuring the accuracy of the information provided and for safeguarding your login credentials. Any activity conducted under your account is your responsibility. Notify us immediately if you suspect unauthorized access to your account.
Prohibited Activities: You agree not to:

Use the Website for unlawful purposes.
Attempt to gain unauthorized access to the Website’s systems.
Misrepresent your identity or affiliation.

Website Availability: We reserve the right to modify, suspend, or discontinue the Website or its features without prior notice.

Article 2 – The Offer

Offers with limited validity or subject to conditions will explicitly state these terms.
The offer will include a complete and accurate description of the products, digital content, and/or services, sufficient for the consumer/business customer to make an informed decision. Illustrations will accurately represent the offered products/services. The Trader is not bound by obvious errors.
The offer will clearly outline the consumer’s/business customer’s rights and obligations upon acceptance.

Article 3 - The Contract

The contract is concluded when the consumer/business customer accepts the offer and fulfills the conditions.
If accepted electronically, the Trader will confirm receipt of the offer, and the consumer/business customer can dissolve the contract until confirmation is provided.
The Trader will implement appropriate technical and organizational measures to secure electronic data transfer and ensure a safe web environment. If electronic payment is enabled, security measures will be in place.
The Trader may assess the consumer’s/business customer’s ability to meet payment obligations and, if justified, may reject or impose special conditions on the contract.
Upon delivery of products, services, or digital content, the Trader will provide the consumer/business customer with the following information in a durable medium:

The Trader’s office address for complaints.
The consumer's/business customer’s right of withdrawal, conditions, and method.
Information on guarantees and after-sales services.
Price, taxes, delivery costs, and payment method.
Contract termination requirements for contracts over one year or indefinite duration.
Model form for the right of withdrawal (if applicable).

For extended duration contracts, the above applies only to the first delivery.

Article 4 – Ordering and Payment

1. Placing an Order: Orders can be placed via the Website by selecting products, adding them to the cart, and completing the checkout process.

Acceptance of Orders: All orders are subject to acceptance by us. We reserve the right to refuse or cancel orders at our discretion, including for reasons such as stock unavailability, pricing errors, or suspected fraud.

Pricing:

1. Prices for B2C Transactions: Prices for B2C transactions are displayed in Euros and include applicable taxes, unless otherwise stated.

2. Prices for B2B Transactions: For B2B transactions, prices may exclude VAT or other applicable taxes, which will be calculated and added during checkout.

3. Price Validity: During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT tariffs.

4. Variable Pricing: Notwithstanding the previous paragraph, the Trader may offer products or services at variable prices, in cases where the prices are subject to fluctuations in the financial market over which the Trader has no influence. The offer will refer to such fluctuations and state that the prices mentioned are recommended prices.

5. Price Increases Within 3 Months: Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.

6. Price Increases After 3 Months: Price increases more than 3 months after the contract was concluded are only permitted if the Trader stipulated as much and:

a. They are the result of statutory regulations or stipulations; or

b. The consumer/business customer is authorized to terminate the contract on the day the price increase takes effect.

7. VAT Inclusion: Prices stated in offers for products or services include VAT, unless otherwise specified

8. Payment Methods: All payments must be completed before the order is shipped.

9. Payment Terms: Unless otherwise stated in the contract, all payments must be made within 14 days after the commencement of the withdrawal period or, if no withdrawal period applies, within 14 days after the contract's conclusion. For service contracts, the payment period starts the day after the consumer/business customer receives confirmation of the contract.

10. Advance Payments: For consumer purchases, any advance payment required cannot exceed 50% of the total order value. In such cases, the consumer retains no rights to delivery or service until the advance payment has been received.

11. Accuracy of Payment Information: The consumer/business customer is responsible for reporting any inaccuracies in payment details immediately.

12. Late Payments: If payment is not made within the stipulated period, we will notify the consumer/business customer and allow an additional 14 days for payment. If payment remains overdue, statutory interest will apply to the outstanding amount. Additionally, reasonable collection costs may be charged, capped at the following rates: 15% for sums up to €2,500, 10% for the next €2,500, and 5% for the following €5,000, with a minimum of €40. Any deviations from these rates that are favorable to the consumer/business customer may be applied.

Article 5 – Shipping and Delivery

Delivery Areas: Products are shipped to the address provided to Trader. Delivery times and costs are provided at checkout.
Risk of Loss: Risk of loss or damage to products passes to you upon delivery.
International Shipping: Additional taxes, customs duties, and fees may apply for international orders. The customer is responsible for these charges.

Article 6 – Contract Fulfillment and Extra Guarantee

1. The Trader guarantees that products/services will meet the contract, specifications, reliability/serviceability standards, and applicable laws at the time of contract. If agreed, the product will also be suitable for alternative purposes.

2. Any extra guarantee offered by the Trader, manufacturer, or importer does not affect the consumer’s/business customer’s statutory rights in case the Trader fails to fulfill the contract.

3. An extra guarantee is any commitment that provides the consumer/business customer with rights beyond those required by law if the Trader fails to meet their obligations.

Article 7 - Supply and Implementation

The Trader will exercise care in receiving and processing orders for products and services.
Delivery will be made to the address provided by the consumer/business customer.
Orders will be fulfilled within 30 days, unless otherwise agreed. If delivery is delayed or cannot be completed, the consumer/business customer will be informed within 30 days and has the right to cancel the contract and seek compensation.
Upon cancellation, the Trader will refund the consumer/business customer promptly.
The Trader bears the risk of damage or loss of products until delivery to the consumer/business customer or their designated representative, unless otherwise agreed.

Article 8 - Extended Duration Transactions: Termination, Prolongation, and Duration

Termination

The consumer/business customer has the right to terminate an open-ended contract for the regular supply of products or services, with a notice period not exceeding one month, subject to agreed termination rules.
The consumer/business customer can terminate a fixed-term contract for the regular supply of products or services at the end of the term, with a notice period not exceeding one month, subject to agreed termination rules.
For both contract types, the consumer/business customer may:

Terminate at any time, not limited to specific periods.
Terminate in the same manner as the contract was concluded.
Terminate with the same notice period as the Trader.

Prolongation

A fixed-term contract for the regular supply of products or services may not be automatically renewed for a fixed period.
An exception applies for fixed-term contracts for the regular supply of daily/weekly newspapers or magazines, which may be automatically renewed for up to three months, with the consumer/business customer able to terminate with a notice period not exceeding one month.
Fixed-term contracts may only be automatically prolonged for an indefinite period if the consumer/business customer can terminate at any time with a notice period not exceeding one month (three months for infrequent deliveries).
Trial or introductory subscriptions for daily/weekly newspapers or magazines will not be automatically renewed and will end after the trial period.

Duration

If the fixed-term of a contract exceeds one year, the consumer/business customer can terminate after one year with a notice period not exceeding one month, unless premature termination is deemed unreasonable.

Article 9 - Right of Withdrawal

Cooling-Off Period: Consumers/business customers have the right to cancel their purchase within 14 days of receiving the product, service, or digital content without providing a reason. The withdrawal period begins:

For products: the day after the consumer/business customer, or a third party designated by the consumer/business customer, receives the product or the last item in a multi-item order.
For services and digital content (not supplied on a material medium): the day after the contract is concluded.

Exclusions: The right of withdrawal does not apply to:

Custom or personalized orders.
Products that cannot be returned for hygiene or safety reasons once unsealed.

Extended Withdrawal Period: If the Trader fails to provide the required information about the right of withdrawal or the model withdrawal form, the withdrawal period extends for 12 months from the end of the original period. If the Trader provides this information within 12 months, the withdrawal period ends 14 days after the consumer/business customer receives the information.
Return Process: To exercise the right of withdrawal, contact us at sales@vacuvin.com with your order details. Products must be returned in their original condition and packaging at the consumer’s/business customer’s expense.
Refunds: Refunds will be processed within 14 days of receiving the returned product.

Article 10 - Consumers’/Business Customers’ Obligations During the Withdrawal Period

During the withdrawal period, the consumer/business customer must handle the product and its packaging with care, only unpacking or using the product to the extent necessary to assess its nature, characteristics, and functionality, similar to how it would be handled in a store.
The consumer/business customer is liable for any product devaluation resulting from handling beyond what is necessary to assess the product.
The consumer/business customer is not liable for devaluation if the Trader failed to provide the required information about the right of withdrawal before the contract was concluded.

Article 11 - Consumers’/Business Customers’ Rights and Costs During Withdrawal

To exercise the right of withdrawal, the consumer/business customer must notify the Trader within the withdrawal period, using the model form or another clear method.
The consumer/business customer must return the product or hand it over to the Trader or a representative within 14 days of notifying the Trader. This is not required if the Trader offers to collect the product.
The product must be returned with all relevant accessories, in the original condition and packaging, and in accordance with the Trader’s instructions.
The consumer/business customer is responsible for proving the exercise of the right of withdrawal and returning the product in time.
The consumer/business customer bears the direct costs of returning the product unless the Trader has agreed to cover these costs.
If the consumer/business customer has requested services or the delivery of gas, water, or electricity during the withdrawal period, they must pay for the portion of the contract fulfilled before withdrawal.
The consumer/business customer bears no costs for services or the supply of gas, water, electricity, or city central heating if the Trader failed to provide required information or if the consumer/business customer did not request the service.
The consumer/business customer bears no costs for digital content not supplied on a material medium if they did not agree to the contract’s early fulfillment or if the Trader failed to confirm the consumer's/business customer’s consent.
If the right of withdrawal is exercised, all supplementary agreements are dissolved.

Article 12 - Traders' Obligations in Case of Withdrawal

If withdrawal is declared electronically, the Trader must confirm receipt immediately.
The Trader must refund all payments, including delivery costs, within 14 days of receiving the withdrawal notice. Refund may be delayed until the product is returned or proof of return is provided, whichever is earlier.
The Trader will use the same payment method for reimbursement unless the consumer/business customer agrees to another method. Refunds are free of charge for the consumer/business customer.
If the consumer/business customer chose an expensive delivery method, the Trader is not required to refund the additional cost beyond standard delivery.

Article 13 - Precluding the Right of Withdrawal

The Trader can exclude the right of withdrawal for the following products and services, provided this is clearly stated at the time of the offer or before the contract is concluded:

Products or services with prices subject to financial market fluctuations outside the Trader’s control.
Contracts concluded during a public auction.
Service contracts fully completed with the consumer’s/business customer’s prior consent, where the consumer/business customer acknowledges the loss of withdrawal rights.
Package travel, holidays, or tours and passenger transport contracts.
Service contracts for accommodation, transport, car rentals, or catering if the contract specifies an implementation date.
Contracts for leisure activities with a specified date of implementation.
Custom-made products, or those clearly intended for a specific person.
Perishable products or those with a limited shelf life.
Sealed products that cannot be returned for health or hygiene reasons if the seal is broken.
Products that have been irretrievably mixed with others.
Alcoholic drinks with agreed prices subject to market fluctuations, delivered after 30 days.
Sealed audio/video recordings or computer equipment with broken seals.
Newspapers or magazines (except subscriptions).
Digital content delivered not on a material medium, if delivery started with the consumer's/business customer’s prior consent and acknowledgment of losing the right of withdrawal.

Article14 – California Specific Provisions

California Consumer Privacy Act (CCPA): If you are a California resident, you have specific rights under the CCPA, including:

The right to know what personal information we collect about you and how we use it.
The right to request the deletion of your personal information, subject to certain exceptions.
The right to opt out of the sale of your personal information.
To exercise these rights, please contact us at us.info@vacuvin.com.

Refund Policy for California Residents: California residents may return products for a refund if they are defective, damaged, or not as described within 30 days of purchase, in addition to their other legal rights.
California’s "Shine the Light" Law: California residents can request information about how we share their personal data with third parties for direct marketing purposes. To make such a request, contact us at us.info@vacuvin.com.

Article 15 – Warranties and Liability

Product Warranty:

Products are warranted against defects in material and workmanship in accordance with the warranty policy outlined on our website: https://us.vacuvin.com/policies/refund-policy
B2B sales may have different warranty terms outlined in the order confirmation.

Limitation of Liability:

For B2C transactions, our liability is limited to the purchase price of the product.
For B2B transactions, we are not liable for indirect or consequential damages, including loss of profit or business.

Disclaimer: The Website and its content are provided "as is" without warranties of any kind, express or implied.

Article 16 – Intellectual Property

All intellectual property rights in the Website, including logos, product images, and descriptions, are owned by Vacu Vin or its licensors.
Users may not reproduce, distribute, or use Website content without prior written consent.

Article 17 – Privacy and Data Protection

Your use of the Website is governed by our Privacy Policy: https://us.vacuvin.com/policies/privacy-policy, which explains how we collect, use, and protect your personal information.

Article 18 – Amendments to Terms

We reserve the right to update these Terms and any custom-product terms at any time. Any changes will take effect upon posting to the Website, and your continued use of the Website or purchase of products after such changes constitutes your acceptance of the revised Terms and Conditions.

By using the Website or purchasing products, you acknowledge that you have read, understood, and agreed to these Terms. Additionally, we may revise the Terms by posting notice of the revised terms on our website, which will constitute notice to you of the revisions. In our discretion, we may also notify you of changes via email to any address you've provided. Your continued design or purchase of any Product(s) or other use of our services following the posting of updated Terms, or the effective date of the revised terms, constitutes your acceptance of the revised terms. If you do not agree with the revised Terms, you may not design or purchase any Product.

Article 19 – Complaints Procedure

1. The Trader shall provide a complaints procedure, which has been made publicly available, and will address complaints in accordance with this procedure.

2. A consumer/business customer who identifies any shortcomings in the implementation of a contract must submit any complaints to the Trader without delay, providing complete and clear descriptions of the issue.

3. A response to any complaint submitted will be provided within 14 days of receipt. If it is anticipated that the complaint will require more time to process,

4. the Trader will acknowledge receipt within 14 days and provide an estimated time frame for a more detailed response.

5. The consumer/business customer shall allow the Trader a minimum of 4 weeks to resolve the complaint through joint consultation. After this period, if the complaint remains unresolved, it will be considered a dispute subject to the applicable dispute resolution process.

Article 20 – Governing Law

Governing Law: These Terms and the contracts entered into between a Trader and a consumer/business customer, governed by these general terms and conditions, shall be exclusively subject to American law.

Article 21 – Not for Resell or Export

You agree and represent that you are purchasing the products for your own internal use only, and not for resale, export, or distribution. Products may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses as defined by applicable laws and regulations. You are solely responsible for ensuring compliance with all applicable export laws and regulations.

Article 22 – Additional Stipulations

Any additional stipulations or provisions that differ from these general terms and conditions may not be to the detriment of the consumer/business customer and must be documented in writing or in a manner that allows the consumer/business customer to store them in an easily accessible way on a durable medium.

Appendix I: Model Form for Right of Withdrawal
(This form should only be completed and returned if you wish to withdraw from the contract)

To:
[Trader’s Name]
[Trader’s Geographic Address]
[Trader’s Fax Number, if available]
[Trader’s Email Address or Electronic Contact Information]
I/We* hereby inform you of our decision to withdraw from the contract regarding:

The sale of the following products: [Description of the Product]*
The delivery of the following digital content: [Description of the Digital Content]*
The supply of the following service: [Description of the Service]*

Ordered on*/Received on*: [Date of Ordering Services or Receiving Goods]
Consumer(s)'/Business Customer(s)’ Name(s): [Name(s) of Consumer(s)/Business Customer(s)]
Consumer(s)'/Business Customer(s)’ Address: [Address of Consumer(s)/Business Customer(s)]
Consumer(s)'/Business Customer(s)’ Signature: [Signature of Consumer(s)/Business Customer(s)] (only if this form is submitted on paper)
Date: [Date]

*Delete or provide supplementary information, as applicable.