General Terms and Conditions and Client Information
§ 1 Scope of Application
(1) These Terms and Conditions of the company Wickey GmbH & Co. KG (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
(2) A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
§ 2 Conclusion of the Contract
(1) The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
(2) The Client may submit the offer by the online order form integrated into the Seller's online shop. By clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
(3) The Seller may accept the Client's offer within five days by transferring a written order confirmation, by delivering ordered goods to the Client, or by requesting the Client to pay after the order was placed. The contract shall be concluded when one of these alternatives occurs.
(4) The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on the expiry of the fifth day.
(5) The contract’s content will be stored by the Seller and sent to the Client together with these Terms and Conditions. It cannot be retrieved afterwards from the Seller’s website.
(6) The Client may correct entered data at any time prior to submitting a binding order using standard keyboard and mouse functions.
(7) The contractual language is English.
(8) Order processing usually takes place via e-mail. It is the Client’s responsibility to ensure that the provided e-mail address is correct and reachable.
§ 3 Right to Cancel
The right of withdrawal is available exclusively to consumers.
For the purposes of this withdrawal policy, a 'consumer' is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
Traders are natural or legal persons, or partnerships with legal capacity, with whom a business relationship is entered into and who, when concluding a legal transaction, are acting in the course of their commercial or self-employed professional activities.
I. Cancellation Policy
I. Right of cancellation for the purchase of goods suitable for parcel delivery (Standard goods)
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods. To exercise your right of withdrawal, you must inform us
WICKEY GmbH & Co. KG
Franz-Savels-Straße 69
52538 Gangelt / Deutschland
Tel. +49 (0) 24 54-988 313 0
E-Mail: [email protected]
by means of a clear statement (e.g. a letter sent by post or an email) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
You may also exercise your right of withdrawal online using the 'Odpoved pogodbe' function. If you use this online function, we will immediately send you, on a durable medium (by email), a confirmation of receipt containing details of the content of your notice of withdrawal, as well as the date and time of its receipt.
Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you post the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to check their condition, properties and functionality.
II. Right of withdrawal for the purchase of goods that cannot be posted (Goods requiring a courier service)
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods. To exercise your right of withdrawal, you must inform us
WICKEY GmbH & Co. KG
Franz-Savels-Straße 69
52538 Gangelt / Deutschland
Tel. +49 (0) 24 54-988 313 0
E-Mail: [email protected]
notify us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
You may also exercise your right of withdrawal online using the 'Odpoved pogodbe' function. If you use this online function, we will immediately send you, on a durable medium (by email), a confirmation of receipt containing details of the content of your notice of withdrawal, as well as the date and time of its receipt.
Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We will collect the goods at our own expense. You will only be liable for any loss in value of the goods if this loss is attributable to handling of the goods that goes beyond what is necessary to check their nature, characteristics and functioning.
End of the cancellation policy
Special note:
Linked/financed contracts
If you finance this contract through a loan and subsequently cancel it, you will no longer be bound by the loan agreement either, provided that both contracts form an economic unit. This is particularly likely to be the case if we are also your lender or if your lender relies on our involvement for the purposes of financing. If we have already received the loan by the time the withdrawal takes effect, your lender shall, in relation to you, assume our rights and obligations under the financed contract with regard to the legal consequences of the withdrawal or the return of goods. The latter does not apply if the present contract relates to the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you wish to avoid a contractual obligation as far as possible, exercise your right of withdrawal and also withdraw from the loan agreement if you are entitled to a right of withdrawal in respect of that agreement as well.
Withdrawal form
If you wish to cancel this contract, please complete and submit this form.
To
Wickey GmbH & Co. KG
Franz-Savels-Straße 69
52538 Gangelt
Germany
E-Mail: [email protected]
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)
Ordered on (*)
Received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s)
Date
(*) Delete as appropriate
§ 4 Price and Delivery Costs
(1) Unless otherwise stated, prices indicated are end prices including statutory VAT. Any additional delivery costs are specified separately.
(2) For deliveries to countries outside the European Union, additional costs may arise which shall be borne by the Client.
(3) Payment can be made using the methods indicated in the Seller’s online shop.
(4) If payment in advance has been agreed upon, payment shall be due immediately upon contract conclusion.
(5) Payment via PayPal is processed through PayPal (Europe) S.a. r.l. et Cie, S.C.A.
§ 5 Shipment and Delivery Conditions
(1) Goods are delivered to the delivery address indicated by the Client.
(2) If delivery is not possible due to reasons attributable to the Client, the Client bears the costs of the unsuccessful dispatch.
(3) The Seller reserves the right of partial delivery.
(4) The risk of accidental destruction and deterioration passes to the Client upon receipt of the goods. For traders, it passes upon dispatch.
(5) The Seller may withdraw from the contract in case of improper self-supply. Payments will be refunded immediately.
(6) Collection by the Client is not possible.
§ 6 Liability for Defects
(1) The statutory consumer rights will apply.
(2) If the Client is a consumer and uses the short-term right to reject, the goods must be returned at the Client’s cost.
§ 7 Law and Jurisdiction
(1) For consumers, the law of the country of habitual residence applies. The UN Convention on Contracts for the International Sale of Goods does not apply.
(2) For traders, the law of the Seller’s place of business applies with exclusive jurisdiction at the Seller’s place of business.
§ 8 Alternative Dispute Resolution
(1) The Seller is neither willing nor obliged to participate in out-of-court consumer dispute resolution.
(2) The Seller is not obliged to take part in dispute settlement before an alternative dispute resolution entity.