General Terms and Conditions

 

§ 1 Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Waldemar Waigel, trading as “Waldemar Waigel” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 Consumer, for the purposes of these GTC, is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 Entrepreneur, for the purposes of these GTC, is a natural or legal person or a legal partnership that acts in the course of its commercial or independent professional activity when concluding a legal transaction.

§ 2 Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer using the online order form integrated into the Seller’s online shop. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the items in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can 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 email), with the receipt of the order confirmation at the Customer being decisive, or
  • delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
  • prompting the Customer for payment after the Customer has placed the order.

If several of the above alternatives are present, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiration 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 is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g. email, fax, or letter) after the Customer has submitted their order. The Seller does not provide any further accessibility of the contract text. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account, providing the corresponding login details.

2.5 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that they can receive emails sent by the Seller. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered when using spam filters.

§ 3 Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

§ 4 Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply are separately specified in the respective product description.

4.2 The payment options are communicated to the Customer in the Seller’s online shop.

§ 5 Delivery and Shipping Conditions

5.1 If the Seller offers the shipment of the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons that the Customer is responsible for, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. In the case of the exercise of the right of withdrawal by the Customer, the provisions made in the Seller’s withdrawal policy apply to the return costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has instructed the carrier, the freight forwarder, or the person or institution designated to carry out the shipment to carry out the shipment and the Seller has not previously named the carrier, the freight forwarder, or the person or institution designated to carry out the shipment to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the Seller’s fault and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and any consideration already provided will be reimbursed promptly.

5.5 Self-collection is not possible for logistical reasons.

§ 6 Retention of Title

If the Seller provides advance deliveries, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

§ 7 Defect Liability (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions regarding liability for defects apply. However, for contracts for the delivery of goods, the following deviations apply:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • the limitation period for defects in new goods is one year from the date of delivery;
  • rights and claims for defects in used goods are excluded;
  • the limitation period does not restart if a replacement delivery is made as part of the defect liability.

7.2 The liability limitations and shortening of deadlines specified above do not apply

  • to damages and reimbursement claims of the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods that have been used in accordance with their usual use for a building and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory recourse claim remain unaffected for entrepreneurs.

7.4 If the Customer is a merchant as defined by the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are considered approved.

7.5 If the Customer is a consumer, they are requested to complain about delivered goods with obvious transport damage to the carrier and to inform the Seller accordingly. If the Customer does not comply with this, it has no effect on their statutory or contractual warranty claims.

§ 8 Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

§ 9 Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution, which can be found at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

9.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

General Terms and Conditions