Terms & Conditions

General Terms and Conditions (GTC)
General terms and conditions and consumer information for purchase agreements concluded via the online shop between WANKELSHOP – hereinafter referred to as "Provider" – and the customer – hereinafter referred to as "Customer".

Section 1 Scope and General Information
(1) Subject to individual agreements and arrangements, which take precedence over these GTC, the following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between the Provider and the Customer. Any conflicting terms and conditions of the Customer are expressly excluded unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to their commercial or independent professional activity. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.
(3) The contract language is German.

Section 2 Conclusion of Contract
(1) All offers in the provider's online shop merely constitute a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the provider receives the customer's order, the customer will first receive confirmation of receipt of their order from the provider, usually by email (order confirmation). This does not yet constitute acceptance of the order. After receiving the order, the provider will promptly review it and inform the customer within two business days whether they accept the order (order confirmation). No contract is concluded if the customer does not receive an order confirmation within two business days. The ordering process in the provider's online shop works as follows:
(2) The customer can select products from the provider's range and add them to a virtual shopping cart by clicking the "Add to cart" button. By clicking the "Place order" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time. The application can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept Terms and Conditions" button, thereby incorporating them into their application.
(3) The provider will then send the customer an automatic confirmation of receipt by email, which lists the customer's order again and which the customer can print using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded upon the provider's declaration of acceptance, which will be sent in a separate email.

Section 3 Subject Matter of the Contract, Quality, Delivery, Product Availability
(1) The subject matter of the contract comprises the goods and services specified by the customer in the order and listed in the order
and/or order confirmation at the final prices stated in the online shop. Errors and omissions are excepted, particularly with regard to product availability.
(2) The quality of the ordered goods is described in the product descriptions in the online shop. Images on the website may not accurately represent the products; in particular, colors may vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the actual product. Technical data, weight, dimensions, and performance specifications are provided as accurately as possible but may be subject to standard variations. The characteristics described here do not constitute defects in the products supplied by the provider.
(3) If no units of the product selected by the customer are available at the time of the order, the provider will inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will refrain from issuing an acceptance of the order. In this case, no contract is formed.
(4) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the provider is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately.

§ 4 Retention of Title
Until full payment has been received, the delivered goods remain the property of the seller.

Section 5 Delivery, Prices, Shipping Costs
(1) Delivery (handover to the shipping company) takes place immediately after receipt of payment (for advance payment/bank transfer, PayPal, SEPA direct debit, credit card), otherwise immediately after dispatch of the shipping confirmation.
(2) All prices stated on the provider's website include the applicable statutory value-added tax.
(3) The corresponding shipping costs are displayed to the customer in the order form and are to be borne by the customer.
(4) Goods are always shipped insured via postal service/DHL or the shipping method selected directly by the manufacturer.
(5) Delivery to a post office branch is not possible for all products.

Section 6 Payment Terms, Offsetting, and Right of Retention

(1) The customer can make payment by advance payment/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 payment due date is specified according to the calendar, the customer is in default upon missing the deadline.

In this case, the customer must pay the supplier default interest at a rate of 5 percentage points above the base interest rate.
(3) The customer's obligation to pay default interest does not preclude the supplier from claiming further damages for default.
(4) The customer may only offset claims with counterclaims that have been legally established, are undisputed, or have been acknowledged in writing by the supplier. The customer may only exercise a right of retention if the underlying claims arise from the same contractual relationship.

Section 7 Warranty
(1) Our goods are subject to statutory warranty rights.

Section 8 Liability
(1) The customer's claims for damages are excluded. (1) Excluded from this are claims for damages by the customer arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.
(2) In the event of a breach of essential contractual obligations as defined in paragraph 1, the provider shall only be liable for the foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the claim for damages by the customer arises from injury to life, body, or health.
(3) Essential contractual obligations as defined in paragraph 1 are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
(4) The limitations in paragraphs 1 and 2 shall also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(5) The provisions of the Product Liability Act remain unaffected.

Section 9 Right of Withdrawal for Consumers
(1) Exclusion for Non-EU Countries:
A statutory right of withdrawal applies exclusively to consumers who have their habitual residence in a Member State of the European Union (EU) and whose order is delivered to a delivery address within the EU. For orders from customers residing outside the EU or deliveries to third countries, there is no right of withdrawal or return unless this has been expressly agreed in writing in individual cases.
(2) If the customer is an EU consumer and has concluded a contract with the provider using exclusively means of distance communication, in particular by telephone, email, or fax, or via the provider's website, they have the right of withdrawal described below.

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