General terms and conditions for Wisecart  

1. SCOPE

For all orders via our online store by consumers and entrepreneurs, the following GTC apply. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.  

2. CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, CORRECTION OPTIONS

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order. We will accept your offer within two days by

•       we issue a declaration of acceptance in a separate e-mail or
•       we have the goods delivered or
•       if applicable, the payment transaction is executed by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under “Payment”).

The alternative that is relevant to you is based on which of the enumerated events occurs first.  

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for the conclusion of the contract: German, English We save the text of the contract and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. DELIVERY

Shipping costs will be added to the indicated product prices. You can find out more about the amount of the shipping costs on http://en.4px.com/   We deliver only by mail order. Unfortunately, self-collection of the goods is not possible.  

5. PAYMENT

In our store you have a choice of the following payment methods:

•       Credit Card (Visa, MasterCard)

By submitting the order you provide your credit card details. Your card will be charged after the goods are shipped.

•       Gropay.

 

6. RIGHT OF REVOCATION

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.  

7. RETENTION OF TITLE

The goods remain our property until full payment. For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. TRANSPORT DAMAGE

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance. The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. WARRANTY AND GUARANTEES

9.1 Validity of the statutory liability for defects   Unless otherwise expressly agreed below, the statutory liability for defects shall apply. The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

•       in case of injury to life, body or health
•       in case of intentional or grossly negligent breach of duty as well as fraudulent intent
•       in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations).
•       within the scope of a guarantee promise, if agreed, or
•       insofar as the scope of application of the Product Liability Act is opened.

9.2 Restrictions against consumers The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods. 9.3 Restrictions against entrepreneurs With respect to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. 9.4 Regulations vis-à-vis merchants Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect. 9.5 Guarantees and after sales service Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store. Customer service:   service@wisecartapp.com.  

10. LIABILITIES

  For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

•       in case of injury to life, body or health,
•       in case of intentional or grossly negligent breach of duty,
•       in the case of guarantee promises, if agreed, or
•       insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.  

11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. YOUTH PROTECTION

If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The delivery person will hand over the goods only after the age check has been carried out and only to the customer in person. Delivery to packing stations is not possible in this case.

13. FINAL PROVISIONS

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall beservice@wisecartapp.com.