Terms & Conditions

Terms and Conditions (GTC)

Terms and Conditions and consumer information as part of contract that over the shop between Wankelshop.de - concluded - here as  "Dealer" - and customers - here as "Customer".

§ 1 Scope and general information
(1) Subject to the provisions of individual agreements and arrangements, which take precedence over these terms have, for the business relationship between the supplier and the customer, the following general conditions that may apply in their version valid at the time of order. Conflicting and Conditions of the customer shall expressly not apply, unless the provider agrees to their validity expressly in writing.
(2) The customer is a consumer, if the purpose of the ordered goods and services are not a commercial or professional independent his occupation may be attributed. In contrast, entrepreneurs every natural or legal person or persons legally competent organization that trades people take part in the conclusion of the treaty in their commercial or professional independent his occupation.
§ 2 Conclusion
(1) all keyed offers in the shop inventory represent only a non-binding invitation for the customer to make an appropriate offer to purchase the seller. Once the provider has received the customer's order, preserving the customer receives a confirmation of his appointment at first about the the provider, usually via e-mail (Order confirmation). This still does not constitute acceptance of such order dar Upon receipt of his order that the provider will notify the customer quickly check them and within 2 working days whether it accepts the order (Order confirmation). No contract is concluded when the customer has not obtained within 2 business days Order Confirmation. The ordering process in the web shop of agency functions as follows:
(2) The customer can choose from a range of agency products and "add to cart" button to collect about this in a so-called shopping. Via the button "send order", he is a binding offer to purchase the goods in the basket off. Before submitting the order, the customer can view other data at any time. The application may only be made and transmitted, if the customer "Accept Terms" by clicking on the button to have accepted the terms and conditions to include in its application.
(3) The provider then sends the customer a acknowledgment of receipt automatic e-mail, in which the customer's order is again listed and the customer can print via the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order is received by the provider and does not constitute acceptance of the application comes Whereas the Treaty concluded only through the submission of declaration of acceptance by the provider that is shipped with a separate e-mail.
§ 3 of the contract, quality, delivery, product availability
(1) of the contract are in the order specified by the customer and the order
and / or acknowledgment of order goods and services referred to in the webshop final prices. Errors and omissions as there are reserved, especially in terms of product availability.
(2) The nature of the goods ordered arising from the product in the webshop. Pictures on the website, the products may be only vague again, especially for technical reasons colors may differ materially. Images are for reference only as illustrative material, and may differ from product. Technical data, weights, dimensions and specifications are
Sun precise as indicated want with it, but can have the usual variations. The properties described here do not represent a lack of vendor-supplied products dar.
(3) If at the time of the customers order copies of any product not translated lected by him, shall notify the provider to the customer with this in the Order Confirmation. The product is not permanently available, does the provider on a declaration of acceptance. A contract is not concluded in this case.
(4) Is the customer in the order designated product is not only transiently availability, all of the shares shall forthwith provide the customer with this also in the Order Confirmation. In a delivery deceleration more than two weeks, the customer has the right to back to occur the contract. In other respects, in this case, the vendor is entitled to free itself from the contract. Here, he will refund any payments already made by the customer shall forthwith.
§ 4 Reservation of title
Until their complete payment the delivered goods owned by the provider.
§ 5 Delivery, prices, shipping costs
(1) Delivery (delivery to the shipping company) is Immediately upon receipt of payment (money order, PayPal), otherwise Immediately upon delivery of the shipping confirmation.
(2) All prices indicated on the website of the provider to understand themselves inclusive of the VALID VAT.
(3) The appropriate shipping charges to the customer in the order specified and shall be borne by the customer.
(4) The shipment of the goods insured by mail / DHL shipping.

§ 6 Terms of payment, offsetting and right of retention
(1) The customer can pay in advance / bank transfer, SOFORT. Make bank transfer, PayPal, SEPA direct debit, credit card or cash upon collection.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date.
In this case he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
(4) The customer can only offset counterclaims that have been judicially determined, undisputed or recognized in writing by the provider. The customer can only exercise a right of retention if the underlying claims arise from the same contractual relationship.
§ 7 warranty
(1) Statutory warranty rights exist for our goods.
§ 8 liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents .
(2) In the event of a breach of essential contractual obligations within the meaning of paragraph 1, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer's claims for damages arising from injury to life or body or health.
(3) Essential contractual obligations within the meaning of paragraph 1 are liability for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the customer can regularly rely.
(4) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(5) The provisions of the Product Liability Act remain unaffected.
§ 9 right of withdrawal of the consumer
(1) If the customer is a consumer and he has concluded a contract with the provider using only remote means of communication, in particular by telephone, email or fax, or via the provider's website, he has the right of withdrawal described below.

Right of Withdrawal
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.)

Right of withdrawal

Consumers have a fourteen-day withdrawal.

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must send a clear declaration (e.g. a.. letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

You can also electronically fill out and submit the model withdrawal form or another clear declaration on our website https://www.wankelshop.com/withdrawal.php. If you make use of this option, we will immediately send you a confirmation (e.g. by e-mail) of the receipt of such a cancellation.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the cost of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

– To Marc-Oliver Helbig WANKELSHOP, Ayinger Str. 1, 85653 Aying, info@wankelshop.de

– 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)

– Address of the consumer (s)

– Signature of the consumer (s) (only when notified on paper)

– Date

(*) Delete where inapplicable.

 

special instructions

If you finance this contract with a loan and later revoke it, you are no longer bound by the loan contract, provided both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to financing. If we have already received the loan when the revocation takes effect, your lender will assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the present contract involves the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).

If you want to avoid a contractual obligation as much as possible, make use of your right of withdrawal and also withdraw from the loan agreement if you also have a right of withdrawal.

The right of withdrawal does not apply to distance contracts:

- for the delivery of goods that are not prefabricated and for their production an individual selection or determination by the consumer
is relevant or which are clearly tailored to the personal needs of the consumer,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene,
if their seal was removed after delivery,
- for the delivery of goods if these were inseparably mixed with other goods after delivery.

§ 10 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. He observes the statutory provisions. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of teleservices.
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.
(3) The customer has the option at any time to call up the data he has saved under the "My data" button in his profile, to change or delete it. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up in printable form on the provider's website at any time using the "Data protection" button.
§ 11 final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Sales Convention.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective.

Many thanks to the source:

Rechtsanwalt Metzler - Rechtsanwalt für Wettbewerbsrecht, Markenrecht und Internetrecht


End of GTC