Terms of Service
WIFEY SUPPLY
Paniz Romasanta Rodriguez & Daniel Romasanta Rodriguez GbR
Theodor-Gugel-Str. 15
73765 Neuhausen
Germany
Contact: help@wifeysupply.com
CEO: Paniz Romasanta Rodriguez
UID: DE319116141
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Shipping and delivery conditions
- Retention of title
- Liability for defects
- Applicable law, jurisdiction
- Privacy Policy
- Dispute resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of Wifey Supply, Paniz Rajabi u. Daniel Romasanta Rodriguez GbR (hereafter referred to as "Seller") applies to all contracts concluded by a consumer or contractor (hereinafter "Customer") with the Seller as to the goods and / or services displayed by the Seller in his online shop. The inclusion of customer's own conditions is hereby contradicted, unless otherwise expressly agreed.
1.2. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. An entrepreneur within the meaning of these terms and conditions is any natural or legal person or a legal partnership that, in the course of concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
2. Conclusion of contract
2.1. The product presentations contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2. The customer can submit the offer via the order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart , Furthermore, the customer may submit the offer by telephone, fax, e-mail or post to the seller.
2.3. The seller can accept the offer of the customer within five days, - by sending to the customer a written order confirmation or an order confirmation in writing (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, - or by the customer delivers the goods ordered, in which case the access of the goods to the customer is authoritative, or by requesting the customer after submission of his order for payment. If several of the above alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first arrives. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer.
2.5. When submitting an offer via the online order form of the seller, the contract text is saved by the seller and the customer after sending his order together with the present terms and conditions in writing /. E-mail, fax or letter).
2.6. Before binding the order via the online order form of the seller, the customer can correct his information continuously using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
2.7. For the conclusion of the contract, only the German language is available.
2.8. Order processing and contacting usually take place via e-mail and automatic order processing. The customer must ensure that the e-mail address provided by him for the order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
Custom-made and personalized products are excluded from exchange/return.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must contact us
Wifey Supply
Paniz Romasanta Rodriguez & Daniel Romasanta Rodriguez GbR
Theodor-Gugel-Str. 15
73765 Neuhausen
Mail: help@wifeysupply.com
by means of a clear statement (such as a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the cancellation If you revoke the contract, we will refund you all the payments we have received from you immediately and at the latest within fourteen days from the date on which we received the notification of your cancellation of this contract. For this refund, we use the same method of payment that you used in the original transaction, unless otherwise agreed; In no case will you be charged for this refund fees. We may refuse refund until we have received the goods back or until you have provided proof that you have returned the goods.
You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract to (address see obove.) or to hand over. The deadline is met if you send the goods before the expiry of the period of fourteen days. The customer must pay the immediate costs of the return.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
On
Wifey Supply
Paniz Romasanta Rodriguez & Daniel Romasanta Rodriguez GbR
Theodor-Gugel-Str. 15
73765 Neuhausen
Mail: help@wifeysupply.com
I / we (*) hereby revoke the contract concluded by me / us for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
date
(*) Delete as appropriate
4. Prices and terms of payment
4.1. The prices quoted by the seller are final and include the legal value added tax. If applicable, additional delivery and shipping costs are staggered according to weight and are stated separately on the respective offer page of the seller and in the product overview.
4.2. The customer has various payment options available, which are specified in the online shop of the seller.
4.3. If prepayment is agreed, the payment is due immediately after conclusion of the contract.
4.4. If you select the payment method "PayPal", the payment is processed via the payment service PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This is u.a. precondition that the customer opens or already has a PayPal account.
4.5. Purchase on account and financing via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm,
Sweden, we offer you the bill purchase and installment purchase as a payment option. Please note that Klarna Rechnung and Klarna installment purchase are only available to consumers and that payment must be made to Klarna. Klarna installment purchase With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least €6.95). For more information about Klarna installment purchase, including the terms and conditions and the European standard consumer credit information, please visit:
https://cdn.klarna.com/1.0/shared/content/legal/terms/13787/de_de/account
Klarna invoice
When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for the invoice can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/13787/de_de/invoice?fee=0
5. Delivery and shipping conditions
5.1. The delivery of goods is made regularly on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified by the customer during the seller's purchase process shall prevail. Notwithstanding this, the payment address PayPal is based on the delivery address deposited by PayPal with PayPal at the time of payment.
5.2. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer was not responsible for the circumstance that led to the impossibility of delivery, or if the customer was temporarily prevented from accepting the service offered, unless the seller gave him the service for a reasonable time previously announced.
5.3. Basically, the risk of accidental loss and / or accidental deterioration of the goods sold with the transfer to the customer or a person entitled to receive. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a consignment purchase passes to the delivery of the goods to a suitable transport person at the place of business of the seller. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold to consumers already on the customer, as soon as the seller has delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment, if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise intended to carry out the shipment, and the seller has not designated the person or institution to the customer beforehand. In addition, if the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods sold remains with the statutory regulation.
5.4. The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. However, this only applies in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a concrete hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5. Delivery time for pre orders usually take up to 4 weeks. More information on the exact delivery date will be written in each item description. For Klarna customers: Invoices via Klarna will be activated once the goods leave the warehouse.
6. Retention of title
6.1. With respect to consumers, the seller retains title to the delivered goods until full payment of the purchase price owed. 6.2. The seller reserves the right of ownership of the delivered goods to entrepreneurs until the complete settlement of all claims arising from the current business relationship. 6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties, the customer in the amount of the respective invoice value (including sales tax) in advance from the seller. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default on payment and has not filed for insolvency proceedings.
7. Liability for defects
7.1. If there is a defect in the purchased item, the statutory provisions apply insofar as the customer is a consumer.
7.2. If there is a defect in the purchased item and the customer is an entrepreneur, the following applies:
- an insignificant defect fundamentally does not justify claims for defects,
- the seller has the choice of the type of supplementary performance,
- for new goods the limitation period for defects is one year from the passing of risk,
- for used goods, the rights and claims for defects are excluded,
- The statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.
7.3. For consumers, the statutory limitation periods apply.
7.4. For entrepreneurs, the above limitations of liability in clause
7.1 and clause
7.2 do not relate to claims for damages and reimbursement of expenses which the purchaser can assert in accordance with the statutory provisions due to defects. For these claims Section 8 applies.
7.5. In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to §478 BGB remain unaffected. The same applies to intentional breach of duty and fraudulent concealment of a defect.
7.6. If the customer acts as a merchant i.S.d. §1 HGB, it meets the commercial investigation and reprimand according to §377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.7. If the customer acts as a consumer, he / she is requested to reclaim delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
7.8. If the supplementary performance has been effected by means of a replacement delivery, the customer is obliged to return the goods delivered first within 30 days to the seller at his expense. The return of the defective goods must be made in accordance with the statutory provisions.
8. Liability The seller shall be liable to the customer for all contractual, contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1. The seller is fully liable for any legal reason
- in the case of intent and gross negligence
- intentional or negligent injury to life, body or health.
- on the basis of a guarantee, unless otherwise stipulated in this regard.
- due to mandatory liability, such as under the Product Liability Act
8.2. If the seller negligently violates an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless under paragraph 8.1. is stuck unrestrictedly. Significant contractual obligations are those obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
8.3. Incidentally, a liability of the seller is excluded.
8.4. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and his legal representatives.
9. Applicable law, jurisdiction
9.1. Für sämtliche Rechtsbeziehungen der Parteien gilt das Recht der Bundesrepublik Deutschland unter Ausschluss der Gesetze über den internationalen Kauf beweglicher Waren. Bei Verbrauchern gilt diese Rechtswahl
9.1. For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that this does not deprive the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2. If the customer acts as a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if the customer's place of residence or habitual residence is unknown at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.
9.3. The contract language is German.
10. Privacy
10.1. Personal data are only collected if the customer provides the seller with the seller for contract execution. The personal data entered on this occasion will be used exclusively for the execution of the contract and for processing the customer's inquiries.
10.2. In addition, the customer's e-mail address will be used for its own advertising purposes, if the customer has expressly consented to this. The customer can revoke his consent to the seller at any time.
10.3 The personal data of the customer shall be passed on to the transport company commissioned with the delivery within the scope of the contract, insofar as this is necessary for the delivery of the goods.
10.4. When paying by credit card via PayPal or by direct debit via PayPal, the payment data of the customer in the course of the payment process to the PayPal (Europe) S.á.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
10.5. After completion of the contract, the data of the customer with regard to tax and commercial retention periods are blocked and deleted after expiration of these periods, unless the customer has explicitly consented to the further use of his data.
10.6. The customer has the right to free information on his stored data and, if necessary, a right to rectification, blocking or deletion of this data. He may turn to the seller for questions regarding the collection, processing or use of his personal data free of charge.
11. Dispute resolution
For out-of-court settlement of consumer disputes, the European Union has set up an online platform ("OS platform") to contact. The platform can be found at http://ec.europa.euconsumers/odr/. Our mail address is: info@wifeysupply.com