Terms of service

GTC (General Terms and Conditions)

General Terms and Conditions (GTC) and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts concluded with us as the provider (VACHI GmbH) via the website bornpurple.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.

  2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur is any natural or legal person or a partnership with legal capacity acting in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of Contract

  1. The products displayed in the online shop do not constitute a legally binding offer by the seller, but merely a non-binding invitation for the customer to place an order.

  2. By completing the order process in the online shop, the customer submits a binding offer to conclude a purchase contract for the items contained in the shopping cart.

  3. The purchase contract is only concluded when the seller expressly accepts the order through an order confirmation in text form (e.g., by email) or dispatches the ordered goods to the customer.

  4. The seller expressly reserves the right to reject orders without stating reasons. Any payments already made will be refunded immediately in such a case.

§ 3 Special Agreements Regarding Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout”

If a payment method offered through “PayPal” / “PayPal Checkout” is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). The individual payment methods available via “PayPal” are displayed to the customer on our website and during the online ordering process.

§ 4 Right of Retention, Retention of Title

  1. The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

  2. The goods remain the property of the seller until full payment of the purchase price has been made.

§ 5 Warranty

  1. The statutory liability for defects applies.

  2. The customer is requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. This serves documentation and smooth processing purposes; failure to report defects upon delivery does not affect the customer’s statutory warranty claims for defects that already existed at the time of transfer of risk.

  3. Defects existing at the time of delivery entitle the customer to subsequent performance by replacement delivery or refund.

  4. Damage or defects arising during use or through normal wear and tear do not constitute warranty claims.

§ 6 Restriction of Ordering Possibility

The seller reserves the right to exclude customers from placing further orders if they repeatedly violate the applicable return and refund policies. This applies in particular, but not exclusively, in the following cases:

  • repeated return of intentionally damaged or manipulated goods

  • systematic or abusive exercise of the right of withdrawal

  • excessively high return rates (e.g., repeated return of nearly all ordered items)

  • other actions classified as malicious, abusive, or detrimental to the seller

§ 7 Return Shipping and Processing Costs

  1. The customer generally bears the direct costs of returning goods.

  2. This also applies:

  • in the case of withdrawal without the existence of a material defect

  • in the case of complaints where no defect can be proven

  • if a proven defect exists and the seller decides that the goods do not need to be returned

  1. The original shipping costs will not be refunded.

  2. Processing of returns: The seller strives to process returned goods promptly. However, inspection and processing may take up to 14 days from receipt of the return shipment.

§ 8 Returns and Warranty for Hygiene Products

  1. For reasons of health protection and hygiene, the right of withdrawal is excluded for underwear (e.g., boxer shorts) if the seal or original packaging has been opened or removed after delivery.

  2. Regardless of the right of withdrawal, the statutory warranty rights apply. Claims only exist for defects already present at the time the goods were handed over.

  3. If the goods are defective upon receipt (e.g., material defect, hole, defective seam), the customer may request subsequent performance. The seller decides whether this will be fulfilled through replacement delivery or refund.

  4. Damage or defects arising during use or through normal wear and tear do not constitute warranty claims.

§ 9 Preliminary Nature of the Purchase Contract

By completing the order, only a preliminary offer to conclude a purchase contract is made. The purchase contract only becomes binding once the seller expressly confirms the order or dispatches the goods.

§ 10 Choice of Law, Place of Performance, Jurisdiction

  1. German law shall apply. For consumers, this only applies insofar as the legal protection granted by the law of the customer’s habitual residence is not restricted.

  2. The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, shall be our registered office, provided the customer is not a consumer but a merchant, legal entity under public law, or special fund under public law.

  3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

II. Customer Information

1. Identity of the Seller

VACHI GmbH
Käthe-Kruse-Straße 20, 80997 Munich, Germany
Phone: +49 173 2702854
Email: engage@bornpurple.de

Alternative Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform):
https://ec.europa.eu/odr

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Contract Language, Storage of Contract Text

  • Contract language: German, English

  • Before submitting the order, contract data can be printed or electronically saved.

  • After receipt of the order, the order data, legally required information, and the GTC will be sent by email.

3. Essential Characteristics of the Goods

Described in the respective offer on the website.

4. Prices and Payment Terms

  • All prices include statutory taxes; shipping costs are displayed separately.

  • Shipping costs are borne by the customer; additional costs may apply for deliveries outside the EU.

5. Delivery Conditions

  • Delivery conditions, delivery times, and possible restrictions can be found in the respective offer.

  • The risk of accidental loss passes to the customer upon delivery.

6. Statutory Liability for Defects

    • See § 5 of the GTC.