General terms and conditions of the company Wakeparx Technologies AG for companies
Terms of Service for Companies
In case of any discrepancies between the German version of the GTC, the „AGB“, and this English version at hand, the German version is the one to be referred to.
For the business relationship between http://wakeparx.com/store owner: Wakeparx Technologies AG, Ödenpullach 3a, 82041 Ödenpullach (in the following referred to as “seller”) and the customer (in the following referred to as “customer”), the following terms and conditions apply exclusively (“GTC”) in the version valid at the time of the order. The present GTC apply if the customer is a company in the sense of § 14 Abs. 1 BGB.
Deviating general terms and conditions of the customer are not valid.
- Conclusion of the contract:
The presentation of our goods in the online shop is not a legally binding offer, but a non-binding online catalog with the invitation to place an order.
The customer makes a binding contract offer by successfully completing the order procedure in our online shop.
We confirm the receipt of the order immediately by sending an automatically generated email (“confirmation of receipt”). After checking the order, the customer immediately receives an “order confirmation” via email. By means of this “order confirmation” we accept the offer.
For orders in our online shop, the prices listed at the time of ordering, apply.
The prices quoted are net prices in euros plus the value added tax valid on delivery. They prices do not include possible additional charges of delivery.
- Charges of delivery
In addition to the prices quoted, the seller charges for delivery. The delivery charges are clearly communicated to the customer on a separate information page as well as during the order procedure.
The delivery is carried out by our carrier or UPS and at our discretion.
The customer has the option of paying in advance, via PayPal and set-off. 5.3. stays untouched. We also reserve the right not to offer certain payment methods for every order and to suggest other common payment methods.
5.1 Due date
Payments are according to § 271 Abs. 1 BGB due immediately.
5.3 Set-off / right of retention
A customer only has the right of set-off and retention if their claim has been legally established or is undisputed. The payment of the sales price by means of set-off is to be made without deductions and is due with the conclusion of the contract, at the latest within 30 days after invoicing plus VAT without any deductions.
You may exercise a right of retention insofar as the claims result from the same contractual relationship.
Payments must be made to the following account:
IBAN: DE33 4004 0028 0400 9775 00
5.4 Default costs
In case of late payment by the customer, the seller is entitled to demand a lump sum of EUR 5.00 from the customer for any collection expenses (in particular reminder fees). In addition, in the event of delay of payment by the customer, the seller may, in addition to default interest, also claim compensation for other damages caused by the customer and suffered by the seller, in particular the costs of extrajudicial collection expenses or contribution measures.
Unless stated otherwise in the product description, all items offered by us and confirmed by order confirmation are ready for delivery. The delivery takes place at latest within 10 working days. The deadline for delivery, in the case of payment in advance, starts the day after the payment order begins to run to the bank commissioned with the transfer and for all other payment methods the day after conclusion of the contract. If the deadline ends on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day. We are entitled to partial deliveries if there is a factual reason.
If the ordered product is not available on time, we will inform you immediately. In such a case, you are free to wait for the desired product or to cancel your order. In the event of cancellation, any consideration already paid will be reimbursed immediately.
- Retention of title
We reserve the ownership of the goods until full payment of the purchase price.
The delivered items (goods subject to retention of title) remain the property of the seller until all claims against the customer arising from the business relationship are fulfilled. Insofar as the value of all security interests to which the seller is entitled exceeds the amount of all secured claims by more than 20%, the seller shall release a corresponding part of the security interests at the request of the customer; when releasing, the customer can choose between different security interests.
During the existence of the retention of title, the customer is prohibited from pledging or assigning ownership, and reselling is only allowed for resellers in the ordinary course of business and only on the condition that the reseller receives payment of his customer or with the reservation that the ownership of the customer is only transferred when they have fulfilled their payment obligations.
The customer is allowed to process the goods subject to retention of title or to mix or connect them with other items. The processing is done for the seller. The customer stores the resulting new item safely for the seller with the care of a prudent businessman. The new item is regarded as goods subject to retention of title.
The seller and the customer have already agreed that if their goods are combined or mixed with other items not belonging to the seller, the seller will in any case have co-ownership of the new item to the extent of the value resulting from the value of the connected or mixed goods sucject to retention of title in proportion to the remaining goods at the time of connecting or mixing them. The new item is considered as goods subject to retention of title.
- liability for defects, warranty, guarantee, customer satisfaction
The content of the contract concluded between you and us and thus also the essential characteristics of the goods are determined by the description of goods placed in our online shop.
Claims for damages of the customer are, as far as nothing else follows, excluded regardless of their legal basis.
In order to be able to cancel the contract, the customer must express a refusal threat.
The right to decrease of value is excluded.
In the case of failure of supplementary performance, the customer reserves the right to reduce or, at his option, cancel the contract.
If the seller is liable for negligent breach of an essential contractual obligation, the liability for property damage is limited to the foreseeable damage typical for the contract.
As far as the liability of the seller is excluded or limited, this also applies to the liability of the legal representatives or agents of the seller.
The limitation period for newly manufactured goods is one year. For used things warranty is excluded.
The customer’s claims for damages due to injury to life, limb or health as well as claims for damages due to a breach of essential contractual obligations remain permanently unaffected. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the seller has to hand over the goods to the customer free of material defects and defects of title and to give ownership of them. Claims for damages that are based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents also remain unaffected. Likewise, the right of recourse according to § 478 BGB remains unaffected.
A guarantee exists with the goods offered and delivered by us only, if this was expressly delivered in the order confirmation to the respective commodity. Our offers in the online shop contain no guarantee.
In the event of a defect, you will assist us in determining, limiting and documenting the defect, if you describe it as accurately as possible, as far as you can reasonably expect from the contractual relationship in good faith.
We attach great importance to your customer satisfaction. You can always contact us via one of the given contact ways. We endeavor to examine your concerns as quickly as possible and will contact you after receipt of the documents or your input or complaint. In the case of complaints, you will help us if you describe the subject of the problem as accurately as possible and, if necessary, provide copy of the order documents or at least provide the order number, customer number, etc. If you do not receive any response from us within 5 working days, please ask. In rare cases, e-mails in spam filters may have “stuck” with us or yours, or a message by other means has not reached you or has been inadvertently omitted.
- Assignment and pledging ban
The assignment or pledge of claims or rights of the customer towards the seller is probibited without the consent of the seller, unless the customer proves a legitimate interest in the assignment or pledge.
When preparing, concluding, settling and reversing a contract, we collect, store and process data within the scope of the statutory provisions.
When visiting our website, the IP address, date and time currently used by your PC, the browser type and operating system of your PC and the pages you are viewing are logged. Conclusions on personal data however are not possible and not intended.
The personal data that you provide us with (such as your name and contact details), for example, if you order something or send us an email, will only be processed for the purpose for which you provided us with this information. We only pass on your data to the delivery company, insofar as this is necessary for the delivery of the goods. To process payments, we pass on your payment data to the bank responsible for the payment.
We assure you that we do not pass on your personal data to third parties, unless we are legally obliged to do so or you have expressly consented to it beforehand. Insofar as we make use of the services of third parties for the execution of data processing, the provisions of the General Data Protection Regulation shall be observed.
Time of storage
Personal information provided to us via our website will only be stored till the purpose for which we were provided with them is fulfilled. As far as commercial and tax retention periods are to be considered, the time of storage of certain data can be up to 10 years.
Your legal rights
If you no longer consent to the storage of your personal data or if this information has become incorrect, we will initiate the deletion, correction or blocking of your data in accordance with the statutory provisions. Upon request, you will receive free information about all personal data that we have stored about you. For questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact:
Wakeparx Technologies AG
Links to other websites
As far as we refer or link from our web page to the web pages of third parties, we can not take over guarantee and liability for the correctness and / or completeness of the contents and the data security of these web sites. Since we have no influence on the adherence to data protection regulations by third parties, you should examine their data protection declarations separately.
Copyrighted content, especially images, texts, design, etc. must not be used, reproduced or published without the prior written consent of the seller.
- Choice of Law & Jurisdiction
The court of jurisdiction for all legal disputes between the buyer and Wakeparx Technologies AG arising from this and subsequent orders is Munich. The company Wakeparx Technologies AG is however entitled to sue at the place of jurisdiction of the buyer.
The contractual relationship is subject to German law under exclusion of the UN Sales Convention.
- Saving Clause
Should any stipulation of these Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.