Terms of Service
AGB of WUNDR GmbH
1.1. The following contractual terms and conditions (GTC) apply to all products sold via the online shop of WUNDR GmbH, Ziegelhütter Weg 8, 66440 Blieskastel (hereinafter: SELLER) under the domain www.wunderkey.de with the Customer (hereinafter: CUSTOMER).
1.2 These GTC contain special provisions for customers who are entrepreneurs within the meaning of § 14 BGB (German Civil Code) (hereinafter: COMPANY). These special clauses for commercial transactions are marked by an explicit reference to COMPANY and do not apply to transactions with consumers within the meaning of § 13 BGB.
1.3 The SELLER does not recognize any deviating General Terms and Conditions of the customer, unless the SELLER has expressly agreed to them in writing.
2.2 The CUSTOMER can correct input errors, especially items placed in the shopping cart by mistake, by entering the desired quantity in the shopping cart and by using the available buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the browser's "forward" and "back" buttons.
2.3 The presentation of the products in the SELLER's online shop represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER submits a binding offer to conclude a contract for the articles contained in the shopping cart. The SELLER will automatically confirm the receipt of the order immediately by e-mail. This automated order confirmation establishes the contractual relationship.
2.4 The purchase contract is concluded with WUNDR GmbH, Ziegelhütter Weg 8, 66440 Blieskastel.
2.5 The contract language is German.
3. storage of the contractThe contract text is stored by the SELLER. The order data will be sent to the CUSTOMER separately in text form (e-mail). The general terms and conditions can also be called up and printed out in the online shop.
4. Right of withdrawal
Consumers are basically entitled to a statutory right of withdrawal. The legal regulations for a possibly existing right of revocation are exclusively contained in the revocation instruction, which is retrievable for the CUSTOMER within the scope of the ordering process.
5. prices and shipping costs
5.1. The prices valid on the day of the order shall apply, as they are displayed in the online shop.
5.2. The prices displayed in the online shop are stated in euros and include the statutory value added tax.
5.3. The prices displayed in the online shop do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically during the ordering process and are displayed in the shopping cart overview before the order is placed
5.4. From an order value of 35 Euro, shipping within Germany is free of charge.
5.5. For all orders/deliveries to foreign countries, a flat-rate shipping charge is calculated in accordance with the table of shipping costs available in the online shop. The flat-rate shipping costs for shipping abroad are also shown in the shopping cart before the order is sent.
5.6. In individual cases, further taxes (e.g. in the case of an intra-community purchase) and/or duties (e.g. VAT) may apply to cross-border deliveries.(e.g. customs duties) may have to be paid by the CUSTOMER.
6. terms of payment
6.1. the SELLER only accepts the payment methods offered during the ordering process in the online shop. The CUSTOMER chooses his preferred method of payment from the available payment methods himself.
6.2 If a delivery is made against prepayment by bank transfer, the CUSTOMER has to transfer the payment of the purchase price plus any delivery and shipping costs incurred to the SELLER before delivery. The delivery will be made after receipt of the complete invoice amount on the account of the SELLER.
6.3 If a delivery is made against invoice, the net purchase price (without deduction) is due for payment immediately, at the latest within 7 days from the invoice date or after receipt of the goods. The legal regulations regarding the consequences of default of payment shall apply.
6.4 If payment is made via PayPal, the CUSTOMER must have a PayPal account and identify himself with his access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER.
6.5 CUSTOMERS who are COMPANIES within the meaning of § 14 BGB (German Civil Code) are only entitled to offsetting rights if the counterclaims have been legally established, are undisputed or acknowledged by the SELLER or if the opposing claims are based on the same legal relationship. This prohibition of set-off does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.
7. Terms of delivery and shipment - information on the calculation of the delivery date
7.1. Unless otherwise agreed with the CUSTOMER, the goods shall be delivered by post (parcel, package, letter, forwarding agent, etc.) to the delivery address specified by the CUSTOMER in the order.
7.2. The delivery time shall be specified separately for each item or in the product description on the item page.
7.5 Orders and deliveries are only offered in and to Germany as well as to the countries listed in the online shop and/or in the table of shipping costs.
7.6. in case of delays in delivery, the SELLER will inform the CUSTOMER immediately.
7.7. if the carrier returns the object of purchase to the SELLER, because a delivery to the CUSTOMER was not possible, the CUSTOMER bears the costs for a new delivery. This does not apply if the CUSTOMER has exercised any existing right of revocation parallel to the refused acceptance or if he is not responsible for the circumstance that led to the impossibility of delivery or if the CUSTOMER was temporarily prevented from accepting the offered service, unless the SELLER had given him reasonable notice of the service a reasonable time in advance.
8. retention of title
8.1. the SELLER retains title to the sold goods until the purchase price has been paid in full.
8.2 The goods subject to retention of title may not be pledged by the CUSTOMER to third parties or transferred by way of security before full payment of the secured claims. The CUSTOMER shall immediately notify the SELLER in writing if and to the extent that third parties have access to the SELLER's goods.
8.3 If the CUSTOMER acts in breach of the contract, in particular if the purchase price due is not paid, the SELLER shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the CUSTOMER fails to pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER has previously been set a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.
9. Warranty/liability for defects/obligation to give notice of defects
9.1. the rights in the event of defects in the purchased goods shall be governed by the statutory provisions.
9.2 Claims for defects by COMPANIES who are merchants within the meaning of the German Commercial Code (HGB) shall require that the COMPANY has duly fulfilled its obligations to inspect and give notice of defects in accordance with § 377 HGB within 14 calendar days of receipt of the goods in text form. This obligation to give notice of defects shall not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.
9.3 The limitation period for claims for defects by COMPANIES shall be 12 months, calculated from the transfer of risk to the COMPANY. This reduction of the warranty period shall not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB (German Civil Code). Liability >/p>
10.1. The CUSTOMER's claims for damages or compensation for futile expenses against the SELLER shall be governed by these provisions outside the warranty law, irrespective of the legal nature of the claim.10.2 The SELLER's liability is excluded - irrespective of the legal grounds - unless the cause of damage is based on intent and/or gross negligence of the SELLER, its employees, its representatives or its vicarious agents. As far as the SELLER's liability is excluded or limited, this also applies to the personal liability of the SELLER's employees, representatives or vicarious agents. The SELLER's liability according to the Product Liability Act remains unaffected (§ 14 ProdHG).
10.3 For damages resulting from injury to life, body or health, which are based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER, the SELLER is liable according to the legal regulations.
11. Data storage and data protection
Only the data protection provisions of the data protection declaration on the Internet site www.wunderkey.de.
12. distribution of the products
For COMPANIES the following applies: With regard to the distribution of our products the use of another name or the involvement of a third party company for which authorisation has not been granted is not permitted to the depositary.
13. final provisions
13.1. the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.2 In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13. 3. if the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the SELLER's place of business in 66440 Blieskastel.
13.4. the same applies if the CUSTOMER is a merchant and has no general place of jurisdiction in Germany or if the place of residence or usual abode is unknown at the time of the commencement of legal action. The SELLER's right to also call upon the court at another legal place of jurisdiction shall remain unaffected by this.