General terms and conditions
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Term and termination of subscription contracts
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable law
- Alternative dispute resolution
1.1TheseGeneral Terms and Conditions (hereinafter “GTC”) of Wegard GmbH (hereinafter “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 These terms and conditions shall apply mutatis mutandis to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that cannot be attributed to a predominantly commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, e-mail or post.
2.3 The Seller may accept the Customer’s offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or by requesting payment from the Customer after the Customer has placed the order.
2.4 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer’s order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the order has been sent. Beyond that, the seller does not make the contract text accessible. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be stored on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant access data.
2.6 Before bindingly placing the order via the Seller’s online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen.
An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged.
The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 Payment can be made by one of the methods mentioned in the Seller’s online store.
4.3 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method SEPA direct debit is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this.
4.6 If the payment method “PayPal Direct Debit” is selected, PayPal shall collect the invoice amount from the Customer’s bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for pre-notification on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the charges incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
4.7 If the payment method SEPA direct debit is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the expiry of the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event that the customer effectively exercises its right of revocation, the provision made in the seller’s revocation instructions shall apply to the costs of returning the goods.
5.3Ifthe customer is a reseller, the risk of damage to the sold goods shall pass to the customer upon delivery to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is a consumer, the risk of damage to the sold goods shall generally pass to the customer upon delivery of the goods to the customer or to a third party authorized to receive the goods. Apart from this, the risk of damage to the sold goods shall also pass to the Customer, if the Customer is a consumer, upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to deliver the goods and the choice of this person or institution was not previously offered by the Seller.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.1 If the Customer is a reseller, the Seller shall retain title to the delivered goods until all claims arising from the current business relationship have been satisfied.
6.2 If the customer is a trader, he shall be entitled to resell the reserved goods in the ordinary course of business. All claims against a third party arising from such business operations are hereby assigned to the Seller in advance in the amount of the respective invoice value (including VAT). This assignment of claims shall apply regardless of whether or not the reserved goods are processed before or after resale. The customer shall remain authorized to collect the claims even after the assignment. However, the seller will not collect the claims as long as the customer meets his payment obligations, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this, the following shall apply:
7.1 For traders,
- A minor defect does not constitute a warranty case,
- The seller has the choice of the type of supplementary performance,
- For new goods, the limitation period for defects is one year from the transfer of risk,
- In the case of used goods, rights and claims due to defects are generally excluded,
- The limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following restriction shall apply to used goods: Claims for defects shall be excluded if the defect only occurs one year after delivery of the goods. Defects occurring within one year after delivery of the goods may be claimed within the statutory limitation period.
7.3 The aforementioned limitations of liability and statute of limitations shall not apply to
- to a product which has not been used in accordance with its customary use for a building and has caused its defectiveness,
- to claims for damages and reimbursement of expenses by the customer.
- If the seller has fraudulently concealed the defect.
7.4 In all other respects, the statutory limitation periods for recourse claims pursuant to § 445b BGB shall remain unaffected for merchants.
7.5 If the Customer is a trader within the meaning of § 1 of the German Commercial Code (HGB), it shall have the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB) vis-à-vis the Seller. If the Customer neglects the duties of notification mentioned there, the goods shall be deemed approved.
7.6 If the Customer is a consumer, obvious transport damage must be reported immediately to the carrier and the Seller must be informed. If the Customer does not comply with this, its statutory or contractual claims for defects shall remain unaffected.
7.7 The Seller shall not be liable for any defects in the performance of the telecommunication contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual terms and conditions of the respective service provider shall apply.
For contractual and quasi-contractual claims as well as for claims arising from tortious liability for damages and reimbursement of expenses, the Seller shall be liable to the Customer as follows:
8.1 The Seller shall be liable without limitation, irrespective of the legal ground
– in the event of intent or gross negligence,
– in the event of injury to life, limb or health caused intentionally or by negligence,
– in the case of a promise of guarantee, unless otherwise provided,
– in the event of liability based on mandatory statutory provisions such as the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, the liability for damages shall be limited to the foreseeable, typically occurring damage, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract and the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The aforementioned liability provisions shall also apply to the Seller’s liability towards its legal representatives and vicarious agents.
9) Redemption of promotional vouchers
9.1Vouchersissued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed in the Seller’s online store and only during the specified period.
9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
9.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Several promotional vouchers can also be redeemed for one order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The credit balance of a promotional voucher shall neither be paid out in cash nor shall it bear interest.
9.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.9 The promotional voucher is intended only for use by the person named on it. Transfer of the Promotion Voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective Voucher Holder.
10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer’s place of business.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.