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Terms and Conditions Germany

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The General Terms and Conditions have been translated from German.
In case of doubt, the German General Terms and Conditions will apply.

General Terms and Conditions

§ 1 Scope of application and provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Shipping costs
§ 5 Terms of delivery
§ 6 Terms of payment
§ 7 Retention of title
§ 8 Cancellation policy
§ 9 Transport damage
§ 10 Warranty
§ 11 Final provisions

General Terms and Conditions (with legal information)

§ 1 Scope of application and provider

These General Terms and Conditions apply to all contracts concluded with

WAKÜ-Geräte GmbH
Carl-Benz-Strasse 21
71634 Ludwigsburg

Telephone 07141 / 38 57 00 - 0
Fax 07141 / 38 57 00 - 10
E-Mail info@wakue.de

Managing Director: Ralph Kümmerlin

Local court Stuttgart, HRB 202503

VAT ID No. DE 146129875

Responsible for content: Ralph Kümmerlin (address as above)

can be concluded.

You can reach our customer service for questions, complaints and objections Monday to Thursday from 08:00 to 17:00 and Friday from 08:00 to 15:00 on the telephone number 07141 / 38 57 00 - 0 and by e-mail at info@wakue.de.

Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: http://ec.europa.eu/consumers/odr. Consumers have the option of using this platform to resolve their disputes.

We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG.

§ 2 Conclusion of contract

2.1 The product presentations in our online store, our catalogs, etc. serve to submit a purchase offer. With your order you submit a binding purchase offer.

2.2 We can accept your order by sending a separate order confirmation or by delivering the goods.

§ 3 Prices

Unless otherwise stated, our prices include statutory VAT and other price components and do not include shipping costs.

§ 4 Shipping costs

For delivery within Germany, we charge a flat rate of EUR 6.90 per order up to a value of EUR 50.00. From a value of goods of EUR 50.00, delivery is free of shipping costs.

§ 5 Terms of delivery and reservation of self-delivery

5.1 Delivery is only made within Germany with GLS or a forwarding agent.

5.2 Unless otherwise stated, the delivery time is 4 - 5 working days.

5.3 If not all products ordered are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.

5.4 Should the delivery of the goods fail through your fault despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded to you immediately.

5.5 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will reimburse you immediately for any payments already made.

§ 6 Terms of payment

6.1 Payment shall be made in advance or by invoice.

6.2 If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.

6.3 If you are in default of payment, interest of 5% above the base interest rate shall be charged on the purchase price during the period of default. We reserve the right to prove and claim higher damages caused by default.

§ 7 Retention of title

The goods shall remain our property until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.

§ 8 Right of withdrawal

If the contract concluded is an off-premises contract or a distance contract, the following shall apply:

Consumers have a fourteen-day right of withdrawal.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

8.1 Widerrufsbelehrung für Ware, die per Post versandt wird:

Die nachfolgende Widerrufsbelehrung gilt nur für Ware, die per Post versandt wird.

 

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us

WAKÜ-Geräte GmbH
Carl-Benz-Strasse 21
71634 Ludwigsburg
Telephone 07141 / 38 57 00 - 0
Fax 07141 / 38 57 00 - 10
E-mail info@wakue.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

» Download sample withdrawal form (PDF document)

 

8.2 Widerrufsbelehrung für Ware, die per Spedition versandt wird:

Die nachfolgende Widerrufsbelehrung gilt nur für Ware, die per Spedition versandt wird.

 

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us

WAKÜ-Geräte GmbH
Carl-Benz-Strasse 21
71634 Ludwigsburg
Telephone 07141 / 38 57 00 - 0
Fax 07141 / 38 57 00 - 10
E-mail info@wakue.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We will collect the goods. You shall bear the direct costs of returning the goods in the amount of EUR 23.00.

You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

» Download sample withdrawal form (PDF document)

 

§ 9 Damage in transit

9.1 If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible (telephone 07141 / 38 57 00 - 0).

9.2 Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

9.3 If the purchase is a commercial transaction for both parties within the meaning of the German Commercial Code (HGB), § 377 HGB shall apply.

§ 10 Warranty

The articles offered in our store are subject to the statutory warranty for defects.

§ 11 Newsletter

We use your e-mail address to send you our newsletter up to 4 times a year.
You can object to the use of your e-mail address for sending our newsletter at any time.
at any time without incurring any costs other than the transmission costs according to the basic rates.

§ 12 Final provisions

Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

If you are a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the place of jurisdiction. However, we are also entitled to assert claims against you at other legal places of jurisdiction.

Frequently asked questions

How does the shopping cart system work?

You can reserve products without obligation by clicking on the [Add to shopping cart] button. You can view your shopping cart at any time by clicking on the [Shopping cart] button and, if necessary, remove products from the shopping cart by clicking on the [X] button. If you want to buy the products in your shopping cart, click the [Continue to checkout] button.

Do I have to register?

After selecting the products, you will be asked to enter your details. The mandatory fields are marked with an “*”. You can optionally open a customer account and place future orders after entering your user name and password without having to enter your address details again.

When does my order become binding?

You can check your entries again on the order page. By clicking on the button [order with costs] you complete the order process. The process can be canceled at any time by closing the browser window. You will receive further information on the individual pages, e.g. on correction options.

Is the contract text saved?

The text of the contract is stored on our internal systems. You can view the General Terms and Conditions on our website at any time. The order data will be sent to you by e-mail. The General Terms and Conditions will be sent to you in writing together with the goods. For security reasons, your order data will no longer be accessible via the Internet once the order has been completed.