General Terms and Conditions
1. Area of Validity
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts via our online store at the www.wagner-webshop.com domain concluded between ourselves, Wagner System GmbH, Tullastr. 19, D - 77933 Lahr, Germany, and you as our customer. The GTC shall apply irrespective of whether you are a consumer, entrepreneur or trader.
(2) All agreements concluded between you and ourselves in conjunction with the sales contract shall arise from these Terms and Conditions, our written order confirmation and our declaration of acceptance in particular.
(3) The version of the GTC valid at the time of the conclusion of the contract shall be decisive.
(4) We do not accept any deviating conditions of the customer. This shall also apply even in the event that we do not expressly object to the inclusion.
2. Contact Conclusion
(1) The presentation and advertisement of items in our online shop does not constitute a binding offer to conclude a purchasing contract.
(2) By submitting the order through our online shop by clicking the "Place Order” button, you place a legally binding order. You are bound to the order for two weeks after placing the order, your potential right to withdraw your order according to Point 3 remains unaffected.
(3) We will immediately confirm the receipt of your order submitted through our online shop by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order unless the e-mail also declares acceptance in addition to confirmation of the incoming order.
(4) A contract is only concluded once we have accepted your order by sending a declaration of acceptance or delivering the ordered articles.
(5) We will refrain from sending a declaration of acceptance if we are unable to deliver the ordered items, e.g. because the respective items are not in stock. No contract is concluded in this case. We will inform you of this immediately and will also immediately refund any consideration services in return that have already been performed.
3. Right of Withdrawal
(1) If you are a consumer (i.e. a natural person who does not place the order for a purpose that can be attributed to a commercial or freelance activity), you have the right of withdrawal in accordance with the legal regulations.
(2) Should you execute your right of withdrawal according to Figure 1, you shall assume the regular costs associated with return.
(3) Furthermore, the following regulations concerning the right of withdrawal that are provided in detail in the following Withdrawal Instruction shall apply:
You have the right to withdraw from this contract within 14 days without providing any reason.
The withdrawal period is 14 days starting on the day that you or any appointed third party acting on your behalf who is not the forwarding agent has taken/took possession of the items.
In order to exercise your right of withdrawal, you must send us, Wagner System GmbH, Tullastr. 19, D - 77933 Lahr, Germany, Tel. +49 (0) 7821 94770, Fax +49 (0) 7821 947760, e-mail: email@example.com, an explicit declaration (e.g. by letter, fax or e-mail) informing us about your decision to withdraw from this contract. In order to do so, you may use the sample withdrawal form as provided below. However, you are not bound to do so. In order to comply with the withdrawal deadline, it is sufficient to send your notification that you intend to exercise your right to withdraw to us before the withdrawal deadline expires.
Sample Withdrawal Form
[If you wish to withdraw from the contract, please complete this form and return it.]
To Wagner System GmbH, Tullastr. 19, D - 77933 Lahr, Germany, Fax: +49 (0) 7821 947760, e-mail: firstname.lastname@example.org
I/we (*) hereby withdraw from the contract concluded by me/ourselves (*) concerning the purchase of the following items (*) / provision of the following service (*).
|Ordered on (*)/Received on (*)||_____________________________________|
|Name of the consumer(s)||_____________________________________|
|Address of the consumer(s)||_____________________________________|
|Signature of the consumer(s)||_____________________________________|
|(*) Delete as applicable|
Consequences of Withdrawal
If you withdraw from this contract, we shall refund all payments that we have received from you including delivery costs (excluding additional costs for a different method of delivery other than our suggested cheapest standard method that you selected) immediately and no later than 14 days following the day on which we received notification of your withdrawal from this contract.
The refund payments shall be executed in the same way the original payment was carried out unless an alternative method has been explicitly agreed with you. Under no circumstances will you be charged with any fees be charged for refund payments. We may withhold refund payments until we have received the items or until you have provided proof of dispatch of the products, whichever occurs first.
You must return or submit the items to us immediately and no later than 14 days from the day you notified informed us of your withdrawal from the contract. Compliance with the deadline is ensured provided that you dispatch the items before the deadline expires after 14 days. You shall bear the immediate costs for the return of the items.
You are only obliged to compensate for a possible loss of value of the items if it can be demonstrated that this loss of value results from unnecessary treatment of the product beyond testing the quality, properties and functionality of the items.
(4) The right of withdrawal does not apply in the case of distance contracts
(a) for the delivery of items which were assembled according to the customer specification or are clearly tailored to personal requirements or, due to their condition, are not suitable for return or can quickly spoil or where the expiry date would be exceeded,
(b) for the delivery of audio or video recordings or software in the event that you have broken the seal of the supplied data carrier.
4. Terms of Delivery and Reservation of the Right to Advanced Payment
(1) We are entitled to make partial deliveries should this be deemed reasonable for you.
(2) Unless otherwise stated in the online shop or unless otherwise agreed, the domestic (i.e. within Germany) delivery deadline is approximately 2 to 4 working days (after the goods are handed over to DPD). The delivery deadline for deliveries abroad is longer. Subject to the regulation in Section 3, it shall commence upon conclusion of the contract.
(3) If we receive orders from customers with a private or business residence abroad or customers who exhibit a substantiated risk of non-payment, we reserve the right to only supply the goods once we have received payment to cover the purchase price and shipping costs (right to advance payment). We will inform you immediately if we execute our right to receive advanced payment. In this case, the delivery deadline begins with the receipt of payment to cover the purchase price and the shipping costs.
5. Prices and Shipping Costs
(1) All prices indicated in our online shop are gross prices including statutory VAT plus shipping costs. The price including VAT and shipping costs will also be displayed on the order screen before you place your order.
(2) We exclusively deliver to the following countries and the following shipping costs shall apply (further destinations and shipping costs are available on request):
- 4.50 EUR: Germany
- 12.50 EUR: Austria / Switzerland / Belgium / Netherlands / Luxembourg / Liechtenstein / Denmark / Czech Republic
- 14.50 EUR: France / Monaco
- 25.00 EUR: Sweden / Ireland / Spain / Portugal
- 29.50 EUR: Bulgaria / Romania / Greece / Iceland
- 35.00 EUR: Italy / Poland / Slovakia / Slovenia / Hungary
- 44.50 EUR: Norway / Finland / Estonia / Latvia / Lithuania / Bosnia-Herzegovina / Croatia / Serbia
(3) If we deliver your order in partial deliveries according to Point 4, Paragraph 1, you will only assume the shipping costs for the first partial delivery. You shall assume the shipping costs for each partial delivery if you request partial deliveries.
(4) If you withdraw from the contract declaration in accordance with Point 3, you may demand reimbursement for shipping costs that have already been charged for deliveries to you (sending costs) according to legal regulations (cf. Other Consequences of Withdrawal, Point 3, Paragraph 3).
6. Terms of Payment, Offsetting / Right of Retention
(1) The purchase price must be paid prior to dispatch of the ordered items.
(2) Payment shall be made via credit card (VISA / Mastercard), bank transfer (giropay / SOFORT Überweisung), prepayment or with the online payment service PayPal.
(3) You may not offset against our claims unless your counter-claims have been established as legally binding or are unchallenged. Furthermore, you are not entitled to offset against our claims if you assert notification of defects or counter-claims from the same purchase contract.
(4) As a buyer, you may only execute a right of retention provided that your counter-claim results from the same purchase contract.
7. Retention of Property Rights
The delivered items shall remain our property until the purchase price has been paid in full.
(1) We assume liability for material or legal defects in accordance with the valid legal regulations, especially Sections 434 et seq. of the German Civil Code (BGB). The warranty period for entrepreneurs for items provided by the supplier amounts to 12 months or, otherwise, 2 years. The warranty period commences upon dispatch of the items.
(2) Any potential seller warranties for certain articles or manufacturer warranties granted by manufacturers for certain articles coexist alongside claims for material or legal defects according to Section 1. Details concerning the scope of such warranties result from the warranty conditions which may be enclosed with the articles.
(1) In all cases of contractual or non-contractual liability caused by intent or gross negligence, we assume liability for compensation of damages or futile expenses in accordance with legal regulations.
(2) In other cases, we only assume liability – unless otherwise regulated in Paragraph 3 – in the event of violation of contractual duties, the fulfilment of which only makes the execution of the contract possible in the first place and the compliance of which you, as the customer, may naturally trust (so-called cardinal duties). Liability in this case is limited to the foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulation in Paragraph 3.
(3) Our liability for harm to life, body and health and according to the Product Liability Act remains unaffected by the aforementioned limitations and exclusions of liability.
We own the copyrights to all pictures, animations, films and texts published in our online shop. Their use is prohibited without our explicit permission (cf. Imprint / Copyright).
11. Applicable Law and Court of Jurisdiction
(1) The law of the Federal Republic of Germany exclusively applies under exclusion of the UN Sales Convention. If you place an order as a consumer and you usual residence is not in Germany at the time at which you placed your order, the application of the mandatory legal regulations of this country shall remain unaffected by the choice of law selected in Sentence 1.
(2) If you are a trader and reside in Germany at the time at which you placed your order, the exclusive court of jurisdiction is the headquarters of the seller. Furthermore, the applicable legal regulations concerning local and international jurisdiction shall apply.