General Terms and Conditions1>
of WOW Tech Europe GmbH
As of: 10/2017
Section 1 - Contracting party, scope of application
1. With respect to the following General Terms and Conditions (“GTC”) for customers, the contracting party is WOW Tech Europe GmbH (hereinafter referred to as “WOW Tech Europe GmbH”), Friedenstr. 91a, 10249 Berlin, Germany. For more information on WOW Tech Europe GmbH, see our imprint.
2. All deliveries, services and contracts for customers based in Europe are done via our online shop with WOW Tech Europe GmbH on the exclusive basis of these GTC in the version valid at the time of order placement.
3. All contrary provisions are hereby annulled. Any provision not contained herein shall only be valid with the express written agreement of an authorized representative of WOW Tech Europe GmbH (managing director or authorized signatory or agent) and the customer in question.
Section 2 - Contract conclusion
1. The offers WOW Tech Europe GmbH presents on its websites represent a non-binding invitation for customers to order goods from WOW Tech Europe GmbH.
2. When goods are ordered by completing the ordering process via the website, email or post, the customer submits a binding offer to conclude a purchase agreement. The offer is considered binding once it reaches WOW Tech Europe GmbH via the relevant interface. In sending the order to WOW Tech Europe GmbH, the customer ensures their unlimited capacity to conduct business. WOW Tech Europe GmbH is not obligated to accept the offer from the customer. Confirmation that the customer’s order has been received does not constitute acceptance of the order.
4. WOW Tech Europe GmbH may accept the order within seven calendar days by sending an order confirmation or the goods themselves or by notifying the customer in some other way. Orders are confirmed by email. If the deadline expires without result, the offer is deemed rejected. In the event the order confirmation or any other legally binding declaration made by WOW Tech Europe GmbH contains writing or print errors, or if transmission errors affect the set price, WOW Tech Europe GmbH may dispute the declaration due to error whereby the burden of proof for that error lies with WOW Tech Europe GmbH. Any payments received in such cases shall be reimbursed without delay.
Section 3 - Prices
1. The quoted prices shall apply in addition to the packaging and delivery costs for the chosen packaging and shipping method. The packaging, shipping and insurance costs are shown in the “Shipping Costs” table.
2. For orders by cash on delivery, additional fees for cash on delivery shall be levied. The amount of these fees is shown under “Shipping Costs”.
3. All quoted prices, also for packaging and shipping, shall only apply in Germany and only at the time of order placement.
Section 4 - Payment terms
1. Payment can be made using any of the provided payment methods. Note that certain payment methods may be excluded in some cases. For payment in advance, payment must be made to the bank account specified in the order or acceptance confirmation; for payment by credit card, the specified credit card will be charged upon order completion; for payment by direct debit, the purchase price will be debited from the specified account when the product is shipped; for payment on account, the amount is due without deduction of discounts within 14 days of invoice receipt to the bank account specified on the invoice if another due date is not expressly agreed (a credit check may occur in some cases); for payment via PayPal or instant transfer, payment is made during the order process and may be subject to additional provisions of the chosen payment method. In the event the planned “financing” payment method is excluded based on the results of the credit check, WOW Tech Europe GmbH reserves the right to refuse the customer’s offer or withdraw from the contract if the purchase price claim of WOW Tech Europe GmbH is thereby jeopardized.
2. Deliveries to businesses or public institutions are possible on account following review and approval. This requires however a written order on the business letterhead of the customer. The order must be sent to WOW Tech Europe GmbH via fax or email. These kinds of orders on account are always due immediately. All payments are made without discounts or deductions.
3. The payment amount indicated on the invoice must be paid to WOW Tech Europe GmbH in full regardless of payment method. WOW Tech Europe GmbH will not accept deductions for transaction fees or similar charges which are incurred, for example, by international banks for the purpose of settlement.
4. A payment is considered complete once the payment amount is made available. If a payment is refused due to the actions of the customer, that customer is obligated to pay the resulting reasonable additional costs or expenses or other claims due to late payment. Offsetting is excluded unless the counterclaim is undisputed or legally established.
Section 5 - Right of cancellation (cancellation policy)
Consumers have the legal right of cancellation as described in the cancellation policy. Companies are not granted a voluntary right of cancellation.
Section 7 - Shipping damages
If products or goods show visible shipping damages upon delivery, the customer is kindly requested to immediately lodge a complaint with the supplier and contact WOW Tech Europe GmbH. In doing so, the customer helps WOW Tech Europe GmbH to enforce its claims against the freight carrier or shipping company. Failure to lodge a complaint or contact WOW Tech Europe GmbH will not have consequences for the customer and their rights, particularly with respect to warranty rights.
Section 8 - Retention of title
1. Ordered goods remain the property of WOW Tech Europe GmbH until payment has been made in full.
2. Prior to transfer of ownership, the reselling, leasing, pledging, transfer by way of security, processing or any other provision or transformation of the goods is not permitted without the express consent of WOW Tech Europe GmbH.
Section 9 - Liability and warranty
1. Any claims of defects the customer makes against WOW Tech Europe GmbH shall comply with the statutory provisions as long as they do not deviate from the following regulations.
2. WOW Tech Europe GmbH is liable only in the case of intent and gross negligence and not for damages, delays or obstacles to performance for which it bears no responsibility or which result from inappropriate, improper or incorrect use of the products. Regardless of legal grounds, WOW Tech Europe GmbH is furthermore liable for damages (i.) in case of injury to life, limb or health, (ii.) in case of intentional or grossly negligent breach of duty and malice, (iii.) in case of breach of essential contractual obligations whose fulfilment makes the proper execution of the contract possible and on whose observance the customer may regularly trust (cardinal obligations), limited in this however to the typically foreseeable damages, (iv.) within the scope of an agreed promise of guarantee or (v.) to the extent subject to product liability law. Further liability or warranty is excluded unless dictated by mandatory statutory provisions.
3. For business customers who order services for their business enterprises, claims for defects expire one year after receipt of goods.
Section 10 - Repair costs / cost estimates
If any goods are sent to either WOW Tech Europe GmbH or an authorized service center for repairs and the defects, damages or other changes to or deteriorations of the goods do not involve material defects that give rise to statutory warranty claims, the customer must reimburse WOW Tech Europe GmbH for any necessary fees incurred for cost estimates or repairs or similar costs.
Section 11 - Information on the disposal of batteries
In connection with the distribution of batteries or the supply of devices containing batteries, we are obliged to inform you that: as the end user you are legally obliged to return used batteries. You can return used batteries, which we have as new batteries in the range or have led, free of charge to our shipping warehouse (shipping address). The symbols shown on the batteries have the following meaning: The crossed-out wheeled bin symbol means that the battery must not be disposed of with household waste. Pb = battery contains more than 0.004 percent by mass lead Cd = battery contains more than 0.002 percent by mass cadmium Hg = battery contains more than 0.0005 percent by mass of mercury. Please note the information above.
Batteries do not belong in household waste!
Section 12 - Data privacy
All data is processed in accordance with the German Federal Data Protection Act (BDSG) and Telemedia Act (TMG). Futhermore, reference is made to our data privacy statement.
Section 13 - Other provisions
1. The execution of this agreement and all disputes arising from or in connection with this agreement is governed (as far as possible) exclusively by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. If the customer is (i.) a merchant as defined by the Commercial Code, (ii.) a legal entity under public law or special fund under public law, (iii.) has no general jurisdiction in the Federal Republic of Germany or other member state of the European Union or ( iv.) relocated their domicile or habitual abode abroad after contract conclusion or has an unknown domicile or habitual abode at the time legal action is taken, the exclusive place of jurisdiction for all disputes in connection with the execution of this agreement is the registered office of WOW Tech Europe GmbH (Berlin).
3. Should any individual provisions of these GTC be or become invalid, the validity of the other provisions shall remain unaffected.
4. Information on the dispute settlement procedure and online dispute settlement: We are neither willing nor obligated to participate in any dispute settlement procedures before a consumer arbitration board. However, the European Commission does provide a platform for the online resolution of disputes in consumer affairs (OS platform) at http://ec.europa.eu/consumers/odr . Our email address is firstname.lastname@example.org.