Terms and Conditions
Table of Contents
- 1) Area of Application
- 2) Conclusion of Contract
- 3) Right of Withdrawal
- 4) Prices and Terms of Payment
- 5) Delivery and Shipping Conditions
- 6) Retention of Title
- 7) Liability for defects (Warranty)
- 8) Redemption of Action Vouchers
- 9) Applicable Law
- 10) Place of Jurisdiction
- 11) Code of Conduct
- 12) Alternative Dispute Resolution
1) Area of application
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Wannsee-Electronic GmbH (hereinafter referred to as "Seller") apply to all contracts relating to the delivery of goods by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in relation to the information provided by Seller completes his goods displayed on his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, fax, e-mail or online contact form to the seller.
2.3 The seller can accept the offer of the customer within five days,
- by sending to 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 at the customer is authoritative, or
- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
- by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If you choose the payment method "Amazon Payments", the payment will be processed by the payment service Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg ("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 in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. In this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.
2.5 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in text form (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the online shop of the seller before sending his order, the order data will be archived on the website of the seller and can be accessed by the customer via his password-protected user account, stating the corresponding login data free of charge.
2.6 Before placing the order on 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 display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 For the conclusion of the contract the German and the English language are available.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation result from the cancellation policy of the seller.
4) Prices and Terms of Payment
4.1 Unless the seller's product description indicates otherwise, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even 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 online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method "SOFORT" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount "SOFORT", the customer must have a PIN / TAN online banking account enabled to participate in "SOFORT", legitimize himself during the payment process and have the payment order vis-à-vis "SOFORT". to confirm. The payment transaction will be carried out immediately after "SOFORT" and the customer's bank account will be debited. Further information about the "SOFORT" payment method can be found on the internet at https://www.klarna.com/sofort/.
4.7 If you select the payment method Invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop on a corresponding payment restriction.
4.9 If you select the payment method "PayPal direct debit", PayPal will debit the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the deadline for prior information has expired on behalf of the seller. Preliminary information ("Pre-Notification") is every message (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the customer objects to the debit, although he is not authorized to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the provisions in the seller's cancellation policy.
5.3 In the case of pickup, the seller informs the customer by e-mail that the goods ordered by him are ready for pickup. Upon receipt of this e-mail, the customer may collect the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.
6) Retention of Title
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (Warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of Action Vouchers
8.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher action, provided that a corresponding restriction results from the content of the action voucher.
8.3 Action vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 When ordering, several action vouchers can be redeemed.
8.5 The value of the goods must at least equal the amount of the action voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
8.7 The balance of an action voucher is neither paid in cash nor interest.
8.8 The action voucher will not be refunded if the customer returns all or part of the goods paid for with the action voucher as part of his statutory right of withdrawal.
8.9 The action voucher is transferable. The seller can provide a liberating effect to the respective owner who redeems the action voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner.
9) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Place of Jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled 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 located outside the territory of the Federal Republic of Germany, the place of business of the seller 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. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
11) Code of Conduct
- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness im Handel", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedbedingungen/.
- The seller has submitted to the Trusted Shops quality criteria, which are available on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.
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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.