General terms and conditions of business
These Terms and Conditions (“Terms”) are between you and VINN Card, Ferhat Yavuz, Dornheckenweg 5, 63517 Rodenbach, Germany (“VINN Card”, “we”, “us”, or “our”). Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Services.
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INTELLECTUAL PROPERTY
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All content included on the Site, unless uploaded by users, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, is the property of VINN Card, our affiliates or other relevant third parties. By continuing to use the Site, you acknowledge that such material is protected by applicable German and international intellectual property laws and other relevant laws.
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You are not permitted to reproduce, copy, distribute, store or in any other way re-use material from the Website unless otherwise indicated on the Website or unless you have the express written permission of VINN Card.
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BASIS OF THE ORDER AND RECOGNITION
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The Contract is governed by these Terms to the exclusion of all other terms (including any terms you pretend to apply in a Contract).
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Minimum order quantities and/or values may apply at our discretion.
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You represent that you are at least 18 years old and, if you live in another state or country, that you are of legal age to enter into contracts under the laws of your home state or country.
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A contract will not be effective until we have issued written confirmation and acceptance of that contract (notwithstanding any earlier confirmation of receipt).
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We may, at our sole discretion, refuse any order placed by you. No change or modification of the contract will be permitted after acceptance by us unless accepted by us in writing. In the event of a discrepancy between the prices quoted online and our confirmation of the contract, the latter will prevail.
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PRODUCT DESCRIPTIONS AND PRICES
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We do our best to ensure that the information about the products is correct and up to date. However, we cannot guarantee that the description and/or pricing of the products is error-free or that the products will always be available when you wish to place an order to purchase them. In addition, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will display these colors correctly.
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We reserve the right to change the information about the products displayed on our website, including prices, description and availability. However, such changes will not affect orders for which you have already received an order confirmation by email.
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PAYMENTS
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ACCEPTED PAYMENT METHODS
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We offer a range of safe and convenient payment options to make shopping with us hassle-free and stress-free. We accept the following payment methods:
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Credit/Debit Cards: We accept all major credit and debit cards, including Visa, MasterCard via Mollie BV,
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PayPal: You can use your PayPal account to pay for your purchases seamlessly.
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CHECKOUT PROCESS AND SSL
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Payment processing:
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When you place an order with us, your payment is processed instantly. We ensure that your financial information is kept secure through industry-standard encryption protocols.
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Currency:
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All transactions on our website are processed in EURO and all international payments are automatically converted into EURO at the current exchange rate.
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Confirmation of the order:
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After successful payment, you will receive an order confirmation email with the details of your purchase. Please keep this email for your records.
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Billing information:
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Please make sure your billing information is correct and up to date to avoid any problems during the payment process. Incorrect information may cause delays or complications with your order.
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Contact us:
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If you have any questions or concerns about our payment policy, please feel free to contact us at info@vinncard.com. We are happy to assist you and provide you with the information you need to ensure a smooth shopping experience.
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IF ORDERS ARE NOT ACCEPTED
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Although we will do our best to always accept orders, we may refuse an order in certain cases, for example if: you provide us with incomplete, false or fraudulent information about your identity, age, payment details, billing details or delivery address; we notice that there has been an error on our website in relation to the products you have ordered, for example in relation to the price or the description displayed; the products you have ordered are unfortunately no longer in stock or no longer available; we have reasonable grounds to believe that you intend to resell the products. If we are unable to accept your order, we will contact you by email as soon as possible, but no later than 30 days after the date of your order.
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If we are unable to accept your order because the products are no longer available or because the price and/or other information on our website is incorrect, we will refund any money you have already been charged for those products.
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CANCELLATION OF ORDERS
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VINN Card reserves the right to cancel any order it has previously accepted at any time prior to delivery and for any reason whatsoever. VINN Card may do so, for example, but without limitation, if:
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VINN Card's suppliers are unable to deliver products they previously promised to deliver;
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an event beyond VINN Card's control, such as storm, fire, flood or computer system failure, results in VINN Card being unable to deliver the Products within a reasonable time;
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the products ordered were subject to an error on the website, e.g. relating to a description, price or image, which was not discovered before the order was accepted;
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You ask VINN Card to cancel your order;
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You can cancel your order if VINN Card:
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has breached any material term of this Agreement;
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is unable to deliver your order within a reasonable time after the estimated delivery time, except for delays: (i) for which you are wholly or partly responsible, such as failure to provide the correct delivery address or to pay for the Products; or (ii) that are beyond VINN Card's control.
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If VINN Card cancels your order after acceptance, you will receive an email notifying you of the cancellation.
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If VINN Card or you cancel your order after payment has been processed, VINN Card will refund you all amounts paid for that order.
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Except as required by law (including without limitation the Consumer Protection Act) or expressly set out in these Terms, VINN Card will not be liable to you or any other person for any loss, damage, cost or expense arising as a direct or indirect result of the cancellation of your order, whether in contract, negligence or other tort, equity, restitution, strict liability, statute or any other form of liability.
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RIGHT OF CANCELLATION
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According to § 355 BGB and the EU Directive on Consumer Rights, you have a cooling-off period of 14 days within which you are entitled to cancel your purchase if for any reason you decide that you no longer want the item from the date of conclusion of the contract (ie the date on which we send our order confirmation by email).
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Individualized or personalized products are excluded from the cancellation. This includes in particular, but not exclusively, products that were designed via the website.
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You can return your items within 14 days. The items must be new and in their original packaging in a re-saleable condition, complete and as purchased, accompanied by a valid proof of purchase and returned to us within 14 days of purchase. You must repack the goods in their original packaging and send them back to us. To initiate a return, please simply contact us.
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If you cancel this contract, we will refund all payments that we have received from you promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
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If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
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Cancellation form
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Sample cancellation form
(If you want to cancel the contract, please fill out this form and send
you it back.)
To VINN Card, Ferhat Yavuz, Dornheckenweg 5, 63517 Rodenbach, Germany, Email: info@vinncard.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
Ordered on (*)/received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notification is on paper)
Date
____________
(*) Please delete if not applicable.
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AVAILABILITY OF PRODUCTS
Because VINN Card is dependent on its suppliers to provide stock, VINN Card cannot guarantee constant availability. You acknowledge and agree that certain products may be out of stock or unavailable from time to time. VINN Card reserves the right to temporarily or permanently withdraw or suspend any products displayed on the Site from sale at any time without notice. Except to the extent required by law (including without limitation the Consumer Protection Act), VINN Card shall not be liable to you or any other person for any loss, damage, cost or expense arising directly or indirectly from the unavailability of any products at any time, whether in contract, negligence or other tort, equity, restitution, strict liability, statutory or otherwise.
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PASSING OF RISK AND TITLE
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Risk in the Product will pass to you upon delivery as described herein. Full legal and beneficial ownership of the Product will remain with us (even after it has been delivered and risk has passed to you) until we notify you in writing that legal and beneficial ownership of the Product has passed to you, or, if earlier:
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full payment in cash or cleared funds for the entire product has been received by us; and
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all other monies payable by you to us or under the Contract or any other contract or order have been received by us.
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Our rights and remedies set out herein are in addition to, and shall not affect, restrict or limit in any way, our other rights and remedies under the contract or at law or in equity. We will be entitled to bring an action against you for payment of the price of the Product even if legal, equitable and beneficial ownership of the Product has not passed to you.
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DELIVERY
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We will endeavour to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation, unless there is an event outside our control.
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In any case, we will deliver the products within 1 week, depending on the availability of stocks from our suppliers.
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Delivery is completed when we deliver the products to the address you have provided to us.
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If we incur additional delivery or storage costs because no one is available to receive the products at your address, you will be responsible for these costs.
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The Products will become your responsibility from the time of delivery. For the avoidance of doubt, you will own the Products once we have received full payment, including all applicable delivery costs.
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DELAY IN AVAILABILITY OR DELIVERY OF GOODS
You agree and acknowledge that:
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VINN Card does not guarantee the shipment or delivery or availability of any goods within the specified time periods, the estimated delivery times specified for your order or any other time periods specified by VINN Card;
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Stock availability and events beyond VINN Card's control may cause delays or, in certain circumstances, prevent the delivery of your goods;
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Delays are particularly likely during peak sales periods such as Christmas, Easter and public holidays; and
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except to the extent expressly set out in these Terms or otherwise required by law (including without limitation consumer protection law), neither VINN Card nor any of its agents will be liable to you or any other person for any loss, damage, cost or expense suffered or incurred as a direct or indirect result of any delay in delivery of the Goods to you or any delay in availability of the Goods, whether in contract, negligence or other tort, equity, restitution, strict liability, statute or any other form of liability.
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REFUND YOUR MONEY
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If VINN Card is obligated to refund your payment under these Terms, VINN Card will endeavor to issue your refund within 14 business days. The additional time it may take for you to actually receive your refund will depend on how quickly your financial institution processes the refund.
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Except to the extent required by law (including but not limited to consumer protection law), VINN Card will not be liable to you or any other person for any loss, damage, cost or expense arising directly or indirectly from any delay in providing you with a refund, whether in contract, negligence or other tort, equity, restitution, strict liability, statutory provision or otherwise.
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RETURNS/FAULTY OR DAMAGED GOODS
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You should inspect your goods as soon as they are delivered to you to ensure that
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it is the goods you ordered; and
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they are not damaged or faulty. If this is not the case, you should contact us as soon as possible, but no later than 24 hours after delivery.
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If you have a problem with an item or otherwise wish to return it, please contact us.
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When returning goods, please provide VINN Card with your proof of purchase;
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Refunds, exchanges and warranties are subject to your best efforts to return all products in the same condition in which they were delivered.
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We also recommend that our customers use the original packaging wherever possible to avoid damage during transport.
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You are not entitled to a refund or exchange just because the packaging was damaged during transit. The packaging is there to protect the goods themselves.
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You must bear the costs of returning the goods to us.
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DAMAGED OR DEFECTIVE ITEMS
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In the unlikely event that you have received a damaged item, please email us with as much information as possible about the fault you have identified so that we can thoroughly investigate the issue for you. As part of this process, we may ask you to provide a photograph of the fault or damage so that we can determine the best course of action. We may offer you an exchange for the faulty item(s), refunds for faulty items are at our discretion.
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Please note that we are not responsible for any damage or faults caused by neglect, misuse or normal wear and tear. However, if you do damage one of your items, we may be able to suggest a solution, so please do not hesitate to contact us.
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CHARGEBACK
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You agree to contact VINN Card before requesting a chargeback or dispute with your bank or card issuer regarding a transaction. If you make a card payment through VINN Card and later dispute a legitimate charge by making a chargeback without reason or legitimate cause (as determined by us in our sole discretion), whether fraudulent or otherwise, we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and, if appropriate, take legal action.
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GUARANTEE
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We warrant that the product supplied under this agreement will be free from defects in materials and workmanship at the time of delivery. You must provide us with reasonable written details evidencing any breach of the above warranty. Unless we have agreed otherwise in writing, our liability for failure to comply with the foregoing shall be limited to the replacement or repair of the product in question. We will bear all reasonable costs of returning packaging and transport in the event of a justified claim. At our request, you are obliged to return the replaced products to us promptly.
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We will not be liable for any breach of warranty if any of the following circumstances apply:
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the product has been modified, altered, misused, abused or neglected;
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the product has not been used in accordance with our instructions;
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normal wear and tear, deliberate or accidental damage;
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the price for the Product or other products or services supplied by us or our affiliates has not been paid in full.
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Minor deviations from the specifications that do not affect the performance of the product are not considered defects in materials or workmanship or failure to conform to the mentioned specifications.
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EXCLUSION AND LIMITATION OF LIABILITY
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These Conditions govern our entire liability (including any liability for the acts or omissions of our subcontractors) in relation to the product supplied by us and any representations, statements or tortious acts or omissions, including negligence, arising under or in connection with the Contract.
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Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation, or for any liability that cannot legally be excluded or limited.
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In no event will we be liable for: (i) loss of anticipated profits; (ii) loss of actual profits (direct or indirect); (iii) loss of anticipated savings; (iv) loss of business or revenue; (v) economic loss of any kind; (vi) indirect, special, consequential or punitive damages, however caused; (vii) any loss arising from the assertion of claims of any kind by third parties; and/or (viii) any loss arising out of the use, application or results of any software incorporated into the Product.
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We will not be liable for any such loss, whether such loss or damage is foreseeable, direct, foreseeable, known or otherwise. Our total liability arising out of or in connection with the performance or scheduled performance of the contract, whether for negligence or breach of contract or otherwise, shall in no event exceed the price you paid for the product giving rise to your claim.
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To the extent permitted by law, the time limit for bringing any claim arising out of or in connection with the Contract is limited to one year from the date on which such claim or cause of action is discovered or, with the exercise of due diligence, should have been discovered, and no claim may be brought after the expiration of such agreed limitation period.
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ACCURACY OF BILLING AND ACCOUNT INFORMATION
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We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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You agree to provide current, complete and accurate purchase and ordering information for all purchases made at our store.
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You agree to promptly update your order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
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DATA PROTECTION
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In accordance with applicable data protection laws, VINN Card will process any personal information you have provided to us in accordance with our Privacy Policy.
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You agree that if you have provided VINN Card with personal information of a third party, (i) you have all appropriate consents and notices necessary to enable lawful transfer of such personal information to VINN Card and (ii) you have made such third party aware of our Privacy Policy.
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You agree to indemnify VINN Card against any liability, penalties, fines, judgments or costs arising from your failure to comply with these requirements.
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DISCLAIMERS
VINN Card makes no warranty or representation that the products will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be safe, and that all information provided is accurate. We do not guarantee any specific results from the use of our products.
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NO WAIVER
The failure of a party to exercise any right or remedy under these Terms will not operate as a waiver of such right or remedy.
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PREVIOUS TERMS
In the event of any conflict between these Terms and Conditions and any prior versions, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise.
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ANNOUNCEMENTS
All notices must be given to us by email to info@vinncard.com. Such notice will be deemed received on the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or holiday.
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LAW AND JURISDICTION
These Terms and the relationship between you and VINN Card shall be governed by German law and VINN Card and you agree to submit to the exclusive jurisdiction of the German courts.