TERMS & CONDITIONS
Conditions General terms and conditions with customer information
Table of Contents
1. Scope
2. Conclusion of the contract
3. Right of withdrawal 4. Prices and terms of payment
5. Terms of delivery and dispatch
6. Retention of title
7. Liability for defects (warranty)
8. Applicable Law
9. Place of jurisdiction
10. Alternative dispute resolution 1)
Scope 1.1 These general terms and conditions (hereinafter „GTC“) of Wafama GmbH (hereinafter „seller“) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter „customer“) with the seller with regard to the seller in his Complete the goods displayed in the online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of 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 in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods 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 (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or – by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or – by asking the customer to pay after placing his order. If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If you choose one of the payment methods offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares the acceptance of the customer’s offer at the point in time at which the customer clicks the button to complete the ordering process.
2.5 If the payment method „Amazon Payments“ is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), subject to the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer’s offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.6 When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer before sending his BWhen the customer has set up a user account in the seller’s online shop, the order data is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before the binding submission of 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 for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the 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 third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise 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 arise in relation to the money transfer 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.
4.3 The payment option (s) will be communicated to the customer in the seller’s online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method „SOFORT“ is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter „SOFORT“). In order to be able to pay the invoice amount via „SOFORT“, the customer must have an online banking account activated for participation in „SOFORT“, identify himself accordingly during the payment process and confirm the payment instruction to „SOFORT“. The payment transaction is carried out immediately afterwards by „SOFORT“ and the customer’s bank account is debited. The customer can call up more information on the „SOFORT“ payment method on the Internet at https://www.klarna.com/sofort/.
4.6 If you choose one of the payment methods offered by the „Shopify Payments“ payment service, payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter „Stripe“). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. To process payments, Stripe can use other payment services, for which special terms of payment may apply, to which the customer may be referred to separately. Further information on „Shopify Payments“ is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.7 If you choose a payment method offered by the „mollie“ payment service, payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: „mollie“). The individual payment methods offered via mollie are communicated to the customer in the seller’s online shop. Mollie can use other payment services to process paymentss for which special terms of payment may apply, to which the customer may be referred to separately. Further information on „mollie“ is available on the Internet at https://www.mollie.com/de/.
4.8 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt / Main, which the seller authorizes to collect debts on his behalf. BS PAYONE GmbH collects the invoice amount from the customer’s specified credit card account. The credit card is charged immediately after the customer order has been sent in the online shop. Even if the payment method credit card payment via BS PAYONE GmbH is selected, the seller remains responsible for general customer inquiries, e.g. on goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes.
4.9 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. Secupay AG collects the invoice amount from the customer’s specified credit card account. In the event of an assignment, payments can only be made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credits.
4.10 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: „Stripe“). Stripe reserves the right to carry out a credit check and to reject this type of payment in the event of a negative credit check. 4.11 If you select the credit card payment method via Wirecard, payment is processed via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the seller assigns his payment claim. Wirecard Bank AG will collect the invoice amount from the customer’s specified credit card account. In the event of an assignment, payments can only be made to Wirecard Bank AG with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent via the seller’s online shop. The seller remains responsible for general customer inquiries, even if the credit card payment method is selected via Wirecard. B. on goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes. Reference is made to the information provided by Wirecard Bank AG in accordance with Article 13 GDPR in connection with the processing of credit card payments at https://www.wirecardbank.de/DSGVO.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route 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 is 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. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller’s instructions on revocation apply.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of title If the seller makes an advance payment, he retains ownership of the goods delivered until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable Law
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence does not apply has been withdrawn.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
9) place of jurisdiction If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under 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 in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
