General Terms and Conditions and Consumer Information
Terms of contract within the scope of purchase contracts concluded via this online store between Waphi GmbH, Wiesenweg 59, 52072 Aachen, Germany - hereinafter referred to as "Seller" - and the respective Buyer - hereinafter referred to as "Customer".
§ 1 Scope, definitions
(1) For the business relationship between the webshop seller (hereinafter referred to as the "seller") and the buyer (hereinafter referred to as the "customer"), the following General Terms and Conditions shall apply in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity..
(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, § 13 of the German Civil Code (BGB). On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity, § 14 BGB.
§ 2 Completion of the contract
Whenever goods are mentioned in the paragraphs below, this also includes digital products (digital content or digital services) and goods with digital elements, if offered.
1. The presentation of the goods in the online store does not constitute a legally binding offer, but only an invitation to submit an offer by the customer. The customer can select goods from the seller's assortment and collect them in a so-called shopping cart via the button - pertaining to the shopping cart. By clicking the button required for the conclusion of the purchase contract, the customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can at any time before placing a binding order, by pressing the "back button" in the browser, return to the page on which his data was recorded. Input errors can be corrected here. By closing the Internet browser, the ordering process can be canceled. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions and thereby included them in his application.
2. The confirmation of receipt of the customer's order takes place together with the acceptance of the order immediately after sending it, through an automated e-mail. With this e-mail confirmation, the purchase contract is concluded. If the customer has chosen a payment method with immediate payment (such as PayPal / Paypal Plus / PayPal Express, Amazon Payments, Sofort├╝berweisung), the contract is concluded at the time of confirmation of the payment instruction by the customer. If the customer has chosen the payment method prepayment, the contract is already concluded when the customer receives a payment request with the corresponding bank details before the declaration of acceptance by the seller. With this payment request, we accept your offer.
3. With the e-mail (confirmation of receipt and acceptance of the order) or in a separate e-mail, but no later than upon delivery of the goods, the customer will be sent the text of the contract and any warranty conditions on a durable medium (e-mail or paper printout). The contract text will be stored in compliance with data protection. The current terms and conditions of the seller can also be viewed by the customer at any time at http://www.spacecamper-shop.de/de/agb/. VPast orders can be viewed in the customer area at https://www.spacecamper-shop.de/de/customer/account/.
§ 3 Production of goods according to customer specifications
§ 3 omitted.
§ 4 Start of the delivery period, delivery, provision of digital content
1. The delivery period shall begin on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after the contract is concluded in the case of other payment methods and shall end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday, or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of any such day.
2. The delivery shall be made to the delivery address specified by the customer.
For consumers the following applies:
2a. If delivery to the customer was not possible and the carrier returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service unless the seller had given him a reasonable amount of notice.
For entrepreneurs the following applies:
If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service unless the seller had given him a reasonable time in advance notice.
§ 5 Retention of ownership
Until full payment, the delivered goods remain the property of the seller.
§ 6 Prices and shipping costs
1. The prices indicated on the web page of the seller are final prices plus forwarding expenses.
2. All prices, which are indicated on the web page of the seller, are inclusive of the valid value-added tax in each case.
3. The appropriate shipping costs are specified to the customer in the order form and are to be borne by the customer.
4. The shipment of the goods is carried out by DHL, Nellen&Quack. The shipping risk is borne by the seller if the customer is a consumer.
§ 6 Payment terms
1. The prices stated on the website of the seller are plus or including the respective valid legal sales tax.
2. Incurred shipping and delivery costs are shown during the ordering process and are - unless otherwise stated - to be borne by the customer. For consumers, the following applies:
2a. The shipment of the goods is carried out by a transport company commissioned by the seller. The shipping risk is borne by the seller if the customer is a consumer.
For entrepreneurs the following applies:
2b. The goods are shipped by a transport company commissioned by the seller. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer as soon as the seller has handed over the item to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment.
3. Value vouchers can only be redeemed in our online store. There is no cash payment. Only one value voucher can be redeemed per order. If there is a remaining credit balance after the voucher has been redeemed, this will automatically be credited to the customer's account. The voucher as well as the remaining credit are redeemable until the end of the third year after the date of issue. If the remaining credit is not redeemed by then, it expires. The voucher code must be entered in the appropriate fields before completing the order. Subsequent use of the voucher is not possible. The voucher is not personal and therefore transferable.
4. Promotion vouchers are issued free of charge and have only a limited period of validity. The customer can find this in the respective voucher. The voucher can only be redeemed in our online store during this period and only for the products included in the promotion. There will be no cash payment. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the appropriate fields before completing the order. Subsequent use of the voucher is not possible. The voucher is not personal and therefore transferable. In the event of a return by the customer, there will be no refund of the promotional voucher.
§ 8 Warranty for material defects, guarantee
1. All goods in the Seller's store are subject to statutory warranty rights. The seller is liable for material defects in accordance with the applicable statutory provisions, in particular, § 434 ff. BGB.
2. The warranty period for newly manufactured goods delivered by the seller to entrepreneurs is 12 months from the transfer of risk. The limitation periods for seller recourse according to § 445a BGB remain unaffected. 3. If there is a warranty for individual items, this will be expressly stated in the item description. The details can be found in the respective warranty conditions.
§ 9 Liability
1. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Essential contractual obligations
2. In the event of a breach of essential contractual obligations, the seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence unless the damage claims of the customer are based on injury to life, body, or health.
3. The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
4. The regulations of the product liability law remain unaffected.
§ 10 Right of withdrawal
If the customer is a consumer, he has a statutory right of withdrawal. Further information on the right of withdrawal can be found under Revocation.
§ 11 Information on data processing
§ 12 Code of conduct
The seller has submitted to the test criteria of Gepr├╝fter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfkriterien_Stand_05.2018.pdf
§ 13 Dispute resolution procedure (if the customer is a consumer).
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link http://ec.europa.eu/consumers/odr
ZThe seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 14 Final provisions
1. Contracts between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of orders placed by consumers from abroad, mandatory regulations or the protection granted by judicial law of the respective country of residence shall remain in force and shall apply accordingly.
2. If the customer is an entrepreneur, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier is the registered office of the supplier.
3. The contractual language is German.
These Terms and Conditions were created by www.gepruefter-webshop.de and are regularly checked for legal security. In the event of a legal warning, Gepr├╝fter Webshop assumes full liability for the legal texts created.
This translation is for information purposes only and has no legal status. In the case of dispute, German Law will apply, unless superseded by European Law.