These terms and conditions apply to all contracts between
wiemeer (hereinafter "provider" or "we") and our customers (hereinafter "customer" or "you") exclusively using means of distance communication (e.g. via the Internet or by telephone) in our online shop will be closed.
§ 1 Scope, Definitions
(1) The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
(2) The customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from our online shop and collect them in a so-called shopping cart using the "Add to shopping cart" button. The customer submits a binding request to purchase the goods in the shopping cart by clicking on the "Send order" button.
(2) Before sending the order, the customer can change, view and correct input errors at any time.
By clicking the "order button" the customer completes the ordering process. In doing so, the customer also concludes a legally binding contract offer with regard to the goods contained in the shopping cart.
(3) The customer then receives a confirmation of receipt by email, which lists the order again. This automatic acknowledgment of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the entrepreneur submits the declaration of acceptance, which is accompanied by a further order confirmation - e-mail (within max. 5 days) is confirmed. The contract is concluded from this point in time. If the seller does not accept the customer's offer within the specified period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
(4) The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
(5) When submitting an offer via the seller's online order form, the text of the contract (consisting of the order, terms and conditions and order confirmation) is saved by the seller and sent to the customer after sending his order together with the present terms and conditions in text form (e.g. email, fax or letter).
(6) Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 by third parties commissioned to process the order can be delivered.
(7) The subject of the delivery or service are the goods offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, versions and prices refer to the items offered in each case, but not to any accessories or custom-made products that may be shown.
(8) If we are not in a position to deliver the ordered goods through no fault of our own and despite all reasonable efforts because our supplier does not fulfill his contractual obligations towards us, we are entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the relevant supplier and are not responsible for the non-delivery in any other way. In such a case, we will inform the customer immediately that the ordered goods are not available. Payments already made by the customer will be reimbursed immediately.
(9) The contract language is German.
(10) Order processing and contact within the framework of contract processing are usually carried out by email. The customer must therefore ensure that the e-mail address provided by him for order processing is correct and that no settings or filter devices on the part of the customer prevent the receipt of contract-related e-mails.
(11) If a delivery time is specified in our offers, this delivery time and the information given for calculating the delivery time shall take precedence. If no or no deviating delivery time is specified for the respective goods in our online shop, it is 2-3 weeks. This period for delivery starts from the moment of the order confirmation and after receipt of the payment for the order. 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 takes the place of such a day.
§ 3 Retention of title
The delivered goods remain our property until all claims from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the current business relationship until all claims to which we are entitled from it have been settled.
§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory sales tax and shipping costs (excl. in the sales price).
(2) The corresponding shipping costs will be specified to the customer before the contract is concluded and are to be borne by the customer unless free shipping has been agreed.
§ 5 Payment
(1) The customer can make the payment according to the payment methods provided in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed payment method provides for a different arrangement.
(3) The customer must ensure that there are sufficient funds in the account. In the case of returned direct debits caused by underfunding, the customer is obliged to reimburse us for the damage incurred as a result.
(4) The customer's obligation to pay default interest does not exclude the assertion of further default damages.
(5) The customer only has the right to offset if his counterclaims have been recognized by us or have been legally established or if the counterclaims stem from the same contractual relationship. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Section 6 Passing of Risk
(1) In relation to consumers, the risk of accidental loss and accidental deterioration of the purchased item only passes to the customer upon delivery of the purchased item to the customer.
(2) The following applies only if the customer acts as an entrepreneur: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred when the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage and transport costs).
§ 7 Warranty for material defects, guarantee
(1) Claims for defects relating to used items delivered by us expire after one year from handover to the customer. In relation to entrepreneurs, the limitation period for claims for defects for items delivered by us is 1 year and the limitation period does not begin again if a replacement delivery is made as part of the liability for defects. We are otherwise liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) Our liability in accordance with Section 8 of these General Terms and Conditions, in particular for claims for damages by the customer resulting from injury to life, limb or health or from the breach of essential contractual obligations (see Section 8 below), for damage under the Product Liability Act and for any guarantees assumed , remains unaffected by the restrictions of paragraph 1 above. The statutory limitation periods for the right of recourse according to § 478 BGB for entrepreneurs and our liability in the event of fraudulent concealment of a defect also remain unaffected.
(3) Claims for defects by merchants presuppose that they have complied with their statutory inspection and notification obligations (§§ 377, 381 HGB).
(4) A quality or durability guarantee (§ 443 BGB) on our part for the goods delivered by us only exists if this has been expressly offered and agreed by us. Any manufacturer guarantees remain unaffected.
(5) You can submit any complaints and warranty claims to the address given in the provider identification.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents based. Significant contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, as well as those on whose compliance the customer as a contractual partner may regularly rely. In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless the customer's claims for damages from injury to life, limb or The Health.
(2) The restrictions of the above paragraph 1 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them, as well as analogously for claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act and our liability for any guarantees assumed remain unaffected.
§ 9 Right of withdrawal
(1) Consumers are generally entitled to a right of withdrawal. Here, the defect-free goods are taken back within 14 days. In the event of a return, the purchase price plus shipping costs will be refunded to the customer. For more goods or other sizes of goods, the customer must place an order again.
The period begins on the day on which the customer or a third party named by him who is not the carrier took possession of the goods.
§ 10 contract text
The text of the contract is not saved by us and can no longer be called up after the order process has been completed. The customer can print out these terms and conditions and the order data before sending his order and will receive a contract confirmation in accordance with the statutory provisions.
§ 11 Out-of-court settlement of disputes/consumer dispute arbitration
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 12 Data processing
(1) The seller collects customer data as part of the processing of contracts. In particular, he observes the provisions of the Federal Data Protection Act. Without the customer's consent, the seller will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the seller will not use the customer's data for advertising, market or opinion research purposes.
§ 13 final provisions
(1) The law of the Federal Republic of Germany applies to the contract to the exclusion of the UN Sales Convention. This choice of law applies to consumers only insofar as the consumer is not deprived of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider the seat of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.
(4) The content of our website is largely protected by copyright or other ancillary copyrights. Copying, downloading, distributing and distributing as well as saving this content, with the exception of caching (intermediate storage for the purpose of displaying it in the Internet browser) when visiting our website, is not permitted without the consent of the respective rights holder. An exception applies to content that is expressly intended for download. In this case, the right of use is limited to use for personal purposes. Any further reproduction, publication, distribution, public access or other use requires the consent of the respective authorized party. An exception applies to content that is expressly intended for download. In this case, the right of use is limited to use for personal purposes. Any further duplication, publication, distribution, public access or other use requires the consent of the respective beneficiary.