General Terms and Conditions with customer information
Table of Contents
- 1. scope
- 2. conclusion
- 3. Withdrawal
- 4. Prices and terms of payment
- 5.Delivery and shipping conditions
- 6. Retention of title
- 7. liability for defects
- 8. Applicable law
1.1 These Terms and Conditions (hereinafter referred to as "Terms") by Weehoo-Anhaenger - Thomas Moll (hereinafter "Seller") apply to all contracts concluded by a consumer or an entrepreneur (hereinafter "Customer") with the Seller in respect of Shop represents goods and / or services. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Verbraucher im Sinne dieser AGB ist jede natürliche Person, die ein Rechtsgeschäft zu Zwecken abschließt, die überwiegend weder ihrer gewerblichen noch ihrer selbständigen beruflichen Tätigkeit zugerechnet werden können. Unternehmer im Sinne dieser AGB ist jede natürliche oder juristische Person oder eine rechtsfähige Personengesellschaft, die bei Abschluss eines Rechtsgeschäfts in Ausübung ihrer selbstständigen beruflichen oder gewerblichen Tätigkeit handelt.
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 into the online shop of the seller. In this case, after the customer has placed the selected goods and / or services 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 with regard to the goods and / or services contained in the shopping cart , Furthermore, the customer may submit the offer by phone, fax or e-mail 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 more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the offer of the customer 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 The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer.
2.5 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to these terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6Before a binding order is placed via the seller's online order form, the customer can correct his entries continuously using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
2.7 For the conclusion of the contract, only the German language is available.
2.8The order processing and contacting take place usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing 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 emails sent by the seller or by third parties commissioned with the order processing can be delivered.
VConsumers are in principle entitled to a right of withdrawal. Further information on the right of revocation result from the cancellation policy of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's offer, the prices quoted are final prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2The customer has various payment options available, which are indicated in the online shop of the seller.
4.3If prepayment is agreed, the payment is due immediately after conclusion of the contract.
4.4 When selecting the SEPA direct debit payment method, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the preliminary information has expired. The collection of the direct debit takes place when the ordered goods leave the warehouse of the seller, but not before the deadline for the preliminary information. Pre-notification is any notification (for example, invoice, policy, contract) of the seller to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear 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 transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up 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 steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) liability for defects
The statutory liability for defects applies.
8) Applicable law
8.1 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 protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 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 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.