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Terms and conditions

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and dispatch
6. retention of title
7. liability for defects
8. applicable law
9. place of jurisdiction
10. information on online settlement of disputes

 

1. scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Wecomatic GerÀtebau und Handel GmbH" (hereinafter referred to as "Seller") apply to all contracts which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.

1.3 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise 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 represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, fax, 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), 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 requesting payment from the customer after placing his order. 

 If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of 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 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with the present General Terms and Conditions after dispatch of the order. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller's online shop before sending his order.

2.5 Prior to binding submission of 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 the better recognition of input errors can be the enlargement function of the browser, with whose help the representation on the screen is enlarged. The customer can correct his entries continuously via the usual keyboard and mouse functions prior to binding submission of the order within the framework of the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the order is bindingly placed and can also be corrected there using the usual keyboard and mouse functions.

2.6 Only the German language is available for the conclusion of the contract.

2.7 The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct 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 revocation

3.1 In principle, consumers are entitled to a right of revocation. 

3.2 Further information on the right of revocation can be found in the seller's revocation instructions.

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 statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional 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 money 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 There are various payment options available to the Customer, which are indicated in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.

4.5 If the payment method "PayPal" is selected, the payment shall be processed by the payment service provider PayPal (Europe) S.Ă  r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.

4.6 If the payment method "IMMEDIATELY Bank Transfer" is selected, payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as "IMMEDIATELY"). In order to be able to pay the invoice amount by instant bank transfer, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in instant bank transfer, legitimise himself accordingly during the payment process and confirm the payment order to IMMEDIATELY. The payment transaction is carried out immediately afterwards by SOFORT and the customer's bank account is debited. The customer can call up more detailed information on the payment method IMMEDIATELY Bank Transfer on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/

5. terms of delivery and dispatch

5.1 The delivery of goods takes place regularly on the dispatch way and to the delivery address indicated by the customer. When processing the transaction, the delivery address stated in the purchase transaction of the seller is decisive. Notwithstanding the foregoing, when selecting the PayPal method of payment, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.

5.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if he is not responsible for the circumstance which led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service in advance.

5.3 Self-collection is not possible for logistical reasons.

 6 Retention of title

If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

 7. liability for defects

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply. 

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this will have no effect on his statutory or contractual claims for defects.

 8. applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

 9. place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office 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. In the aforementioned cases, however, the seller is entitled in any case to appeal to the court at the customer's place of business.

 

10. information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr

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

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation body.

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