GENERAL TERMS AND CONDITIONS
Wuweg Sport Solutions GmbH
§ 1 Scope and provider
(1) These General Terms and Conditions shall apply to all orders placed with the online shop of Wuweg Sport Solutions GmbH, Merangasse 20, 8010 Graz.
(2) The range of goods offered in our online shop is exclusively intended for buyers who have reached the age of 18.
(3) Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is not possible.
(5) Orders are only possible in quantities customary in households.
§ 2 Prices
The prices stated on the product pages contain the legal value added tax and other price components and are exclusive of the respective shipping costs and, if stated, exclusive of deposit.
§ 3 Terms of payment; default
(1) Payment shall be made optionally by: Invoice by advance payment, cash on delivery, credit card, Paypal or direct debit.
2) The choice of the respectively available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only advance payment to cover our credit risk.
(3) If you choose the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) When paying by credit card, the purchase price at the time of the order on your credit card reserved (authorization). The actual debiting of your credit card account takes place at the time we ship the goods to you.
(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(6) When paying by direct debit, you may have to bear the costs that arise as a result of a back posting of a payment transaction due to lack of funds or due to incorrect bank account details provided by you.
(7) If you fall behind with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless lower or higher damages are proven in the individual case.
§ 4 Delivery
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.
(2) If not all ordered products are in stock, we are entitled to make partial deliveries, as far as this is reasonable for you. Any time limits shall only commence upon receipt of the last partial delivery.
(3) The delivery of ordered goods is subject to the availability of the goods. If the goods are not available at the time of ordering, the customer will receive a notification of the expected delivery date and the order will be noted by us. As soon as the goods are in stock, they will be dispatched to the purchaser without further notification to the purchaser. In case of unavailability, especially because a limited stock of goods marked as such is exhausted, the customer will be informed by us. Payments already made will then be refunded immediately.
§ 5 Retention of title
(1) The goods remain our property until the purchase price has been paid in full.
(2) For entrepreneurs, the following shall apply additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods 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 reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.
§ 6 Cancellation policy
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. In order to exercise your right of revocation, you must inform us at Wuweg Sport Solutions GmbH, Merangasse 20, 8010 Graz, info(at)cannasport.eu by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. In order to comply with the revocation period it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period. Consequences of the revocation If you revoke this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us or to any third party immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(1) The right of revocation does not exist - for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
in the case of the delivery of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded, - in the case of the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, - in the case of the delivery of goods if they have been inseparably mixed with other goods after delivery because of their nature.
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(3) In the event of a return, please contact us by email (firstname.lastname@example.org) and quote the order number. In this way you will enable us to allocate the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 8 - Damage in transit
(1) If goods with obvious transport damages are delivered, please complain about such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
§ 9 - Warranty
(1) The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
§ 10 - Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.
(2) Otherwise, the following limited liability shall apply: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability shall also apply in favour of our vicarious agents.
§ 11 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform can be found at the external link http://ec.europa.eu/consumers/odr/erreichbar.
We endeavour to settle any differences of opinion arising from our contract amicably. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately we cannot offer you the participation in such proceedings.
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected.
(2) Austrian law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our registered office. Status: August 2020
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