§ 1 Validity, definitions of terms
(1) Marco Warmuth, Wielandstraße 12, 06114 Halle, Germany (hereinafter referred to as “we” or “Wheels&Vibes”) operates an online shop for goods and services on the https://wheels-and-vibes.com website. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed. (2) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. “Entrepreneur” shall mean a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership which is endowed with the ability to acquire rights and enter into liabilities.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders placed via our online shop at https://wheels-and-vibes.com. (2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract. (3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided for in our online shop. The order takes place in the following steps:
- Selection of the desired goods, the selected service(s),
- Add products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag”, etc.),
- Checking the information in the shopping cart,
- Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “Go to order overview” or similar),
- Enter/check of address and contact data, selection of payment method, confirmation of terms and conditions and revocation instructions,
- Completion of the order by pressing the “Buy Now” button. This represents your binding order.
- We send an automated order confirmation after the order, with which the contract does not come off yet. The contract is concluded when we expressly accept your order within 5 working days by separate e-mail.
(4) In the event of a contract being concluded, the contract shall be concluded with Marco Warmuth, Wielandstraße 12, 06114 Halle, Germany. (5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation instructions, is carried out by e-mail after the order has been placed by you, partly automatically. We do not store the contract text after contract conclusion. (6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by prematurely cancelling the order process, closing the browser window and repeating the process. (7) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential features of the products
(1) Our online shop is subject of the contract:
- The sale of goods. You can find the concrete offered goods on our article pages.
- The provision of services. You can find the concrete services offered on our article pages.
2. The essential characteristics of the goods and services shall be those set out in the description of the article. (3) The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sub-license.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes. (2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer the purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due immediately. (3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not shown to be free of shipping costs. The shipping costs will be clearly stated on the offers, in the shopping cart system and on the order overview. (4) All offered products are ready for dispatch immediately (delivery time: 5 working days after receipt of payment), unless clearly stated otherwise in the product description. (5) The following delivery area restrictions apply: Delivery to the following countries: Germany.
§ 5 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship. (2) The goods shall remain our property until the purchase price has been paid in full.
§ 6 Right of revocation
As a consumer you have a right of withdrawal. This depends on our withdrawal instruction.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort shall be limited to intent or gross negligence. (2) In the event of slight negligence, we shall have unlimited liability in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose observance you may regularly rely. This includes in particular our obligation to take action and to perform the contractually owed service, which is described in § 3.
§ 8 Contract language
Only German is available as the contract language.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions. (2) The warranty period for goods delivered to entrepreneurs is 12 months. (3) As a consumer, you are requested to immediately check the items/the digital goods or the service provided for completeness, obvious defects and transport damage upon fulfilment of the contract and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (principle of favourability). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. (3) 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.