General terms and conditions of the company Wakeparx Technologies AG for consumers
Terms and Conditions for Consumer
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 consumer in the sense of § 13 BGB.
Deviating general terms and conditions of the customer are not valid.
The general terms and conditions of the seller can always be accessed when contacting us for the first time on our webpage. You may print them out as well.
- 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 14 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.
The customer is expressly permitted to prove that no damage or impairment has occurred at all, or is significantly lower than the lump sum
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.
- 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.
The warranty is governed by the statutory provisions, as far as nothing else is regulated below.
The limitation period for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods.
Claims for damages of the customer are excluded, as far as nothing else follows, irrespective of their legal basis.
When buying new items, the customer only has a right to subsequent performance.
In the case of failure of supplementary performance, the customer reserves the right to reduce or, at his option, withdraw from 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 vicarious agents of the seller.
All aforementioned limitations of the statutory provisions do not apply to claims for damages due to a breach of essential contractual obligations. 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 has to procure ownership of them. The foregoing limitations of the statutory provisions also do not apply to claims for damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. The above restrictions do not apply if there are guaranteed quality features or if there is a claim under the Product Liability Act.
A guarantee for the goods offered and delivered by us only exists, if it was expressed explicitely in the order confirmation of the respective product. 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 reasonably can and in good faith considering the contractual relationship.
We put emphasis to customer satisfaction. You can always contact us via one of the stated contact ways. We strive to examine your concerns as quickly as possible and will contact you after receipt of the documents or your entered data or complaint. In the case of a complaint, you help us if you describe the subject of the problem as accurately as possible and, if necessary, provide a 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, emails may get “stuck” in your or our spam filters, or a message by other means has not reached you or has been inadvertently remained undone.
- 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.
- Cancellation right
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your cancellation right, you must inform us (Wakeparx Technologies AG Ödenpullach 3a, 82041 Ödenpullach, phone: 089 – 244 134 05, email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by mail, fax or email) about your decision to cancel this contract. You may use the attached tempalte cancellation form, which however is not required.
In order to keep to the cancellation period, it is sufficient to send us the notification of the exercise of the cancellation right before the expiry of the cancellation period.
Consequences of the cancellation
If you cancel this contract, we have to repay immediately all payments we have received from you, at the latest within fourteen days from the date on which the notification of your cancellation of this contract has reached us, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer).
For this repayment, we use the same means of payment that you used for the original transaction, unless there was a different agreement made with you; In no case will you be charged for this with repayment fees. We may refuse to repay you until we have received the products back or until you have provided proof that you have returned the products, depending on whichever option was earlier in time. You have to send out or hand over the products immediately to us, and in any case no later than fourteen days after the day on which you inform us about the cancellation of this contract (Wakeparx Technologies AG, Ödenpullach 3a, 82041 Ödenpullach). The deadline is met if you send out the products before the deadline of fourteen days.
You bear the immediate costs of sending back the products.
You only have to pay for a possible loss in value of the products, if this loss of value is due to a handling that doesn’t stem from the examination of the condition, characteristics and mechanics of the products.
Template cancelation form
(If you would like to cancel the contract, please fill out this form and send it back.)
Wakeparx Technologies AG
Phone: 089 – 244 134 05
– I / we (*) hereby cancel the contract concluded by me / us (*) of the purchase of the following products (*) / the provision of the following service (*)
-Ordered on (*) / received on (*):
-Name of the consumer(s)
-Address of the consumer (s)
– Signature of the consumer(s) (only when notifying us on paper)
(*) Please delete if not applicable
Insofar as you make use of an existing cancellation right, you have to bear the regular costs of the return. This also applies if you have not yet provided the consideration or a contractually agreed partial payment at the time of the cancellation.
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.
You can return empty sales packaging, of the products sold by us, free of charge to the following address:
Wakeparx Technologies AG
- 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.