1.1 These General Terms and Conditions (hereinafter referred to as “AGB”) of Dr. Wagner Handel und Projekte GmbH (hereinafter referred to as the “Seller”) shall apply to any and all contracts on the delivery of goods a consumer or entrepreneur (hereinafter referred to as the “Customer”) concludes with the Seller concerning the goods represented by the Seller in his online shop. Herewith the inclusion of Customer’s own terms and conditions is objected to unless otherwise agreed.
1.2 Consumer as defined by these AGB is any natural person entering into a legal transaction for purposes neither mainly assignable to her/his gainful nor self-employed professional activity. Entrepreneur as defined by these AGB is a natural or legal person or a partnership with legal personality acting in the performance of her/his/its gainful or self-employed professional activity when entering into a legal transaction.
2.1 The product descriptions included in the Seller’s online shop do not represent binding offers on the part of the Seller but are meant for the Customer to make a binding offer.
2.2 The Customer makes the offer by the online order form included in the Seller’s online shop. By doing so the Customer, after having placed the chosen goods in the virtual basket and passed through the electronic order process, makes a legally binding offer of contract as to the goods included in the basket by clicking the button completing the order process. In addition, the Customer can make the offer to the Seller also by telephone, telefax, email, or mail.
2.3 The Seller accepts the Customer’s offer within five (5) days
If there are several of aforementioned alternatives, the contract is brought about at that point in time one of aforementioned alternatives occurs first. The time limit for accepting the offer begins to run the day after the Customer sent the offer and ends on the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the time limit above, it shall be deemed as refusal of the offer with the consequence that the Customer is no longer bound by her/his declaration of intent.
2.4 When choosing the “ PayPal Express” way of payment payments are handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), in validity of the PayPal terms conditions of use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not hold a PayPal account, in validity of the conditions for payments without PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the Customer chooses “PayPal Express” as a way of payment in the online order process, she/he places a payment order with PayPal when clicking the button completing the order process. In this case the Seller even now declares acceptance of the Customer’s offer at that point in time the Customer releases the payment process by clicking the button that completes the order process.
2.5 When making an offer by Seller’s online order form the contract text is stored by Seller and sent to the Customer after forwarding her/his order along with the present AGB in text form (e.g. email, fax, or letter). Additionally, the contract text is filed on the website of Seller and can be called up free of charge by Customer through her/his password protected customer account by quoting the relevant login data if the Customer opened a customer account in the Seller’s online shop before forwarding her/his order.
2.6 Prior to binding order by Seller’s online order form the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective tool for detecting input errors is the enlarging function of the browser allowing to enlarge the display on the screen. The Customer corrects her/his input in the electronic order process by the usual keyboard and mouse functions until she/he clicks the button completing the order process.
2.7 For concluding the contract only the German language is available.
2.8 Handling of orders and getting in touch occur normally by email and automated order handling. The Customer should guarantee that the email address stated by her/him for order handling is correct so that emails sent by the Seller at this address can be received. Especially when using SPAM filters the Customer should guarantee that all of the emails forwarded by the Seller or third parties entrusted by him with the handling of the order can be delivered.
3.1 Consumers are in principle entitled to a right of cancellation.
3.2 Detailed information on the right of cancellation can be seen from the Seller’s cancellation terms.
3.3 The right of cancellation does not apply to consumers who are not citizens of a member state of the European Union at the time of concluding the contract, and whose sole residence and address of delivery is outside the European Union at the time of conclusion of contract.
4.1 Unless otherwise stated in the Seller’s product specification, the prices quoted are total prices including the legal turnover tax. In case of additionally arising delivery and shipping costs separate information will be given in the respective product specification.
4.2 Deliveries to countries outside the European Union may involve additional costs which the Seller is not responsible for and which have to be paid by the Customer. They include, for instance, costs of the money transfer by credit institutions (e.g. transfer fees, exchange rate charges), or import duties or taxes (e.g. customs duties). Said costs relating to money transfer may arise also if the delivery is not made to a country outside the European Union but if the Customer effects payment from a country outside the European Union.
4.3 The Customer is informed of the payment option/s in the Seller’s online shop.
4.4 If payment in advance by bank transfer is agreed, payment shall be due immediately after conclusion of contract unless the parties have agreed on a later due date.
4.5 When paying by a way of payment offered by PayPal handling of payment is by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), in validity of the PayPal terms and conditions of use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not hold a PayPal account, in validity of the conditions for payments without PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 When choosing the payment mode “PayPal Rechnung (Invoice)” the Seller assigns his claim for payment to PayPal. Before accepting Seller’s assignment PayPal carry out a rating of credit-worthiness by using the customer data transmitted. The Seller reserves the right to refuse the Customer the “PayPal Rechnung” payment mode in case of a negative rating result. If the “PayPal Rechnung” mode is permitted by PayPal, the Customer should pay the invoice amount to PayPal within 14 days of receipt of goods. In this case she/he can effect payment only to PayPal with a debt-settling effect. Even in case of assignment, however, the Seller continues to be responsible for general customer inquiries, e.g. concerning the goods, delivery time, shipping, returns, complaints, declarations and sending of cancellation, or credits. In addition, the General Terms and Conditions of Use for the use of PayPal invoice purchase shall be applicable, accessible at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.7 When choosing the credit card payment mode the invoice amount shall be due at once on conclusion of contract. Handling of the payment mode “credit card payment” is in co-operation with the secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) the supplier assigns his claim for payment to. Secupay AG collect the invoice amount from Customer’s credit card account specified by her/him. In case of assignment payment with debt-settling effect can only be made to secupay AG. Debiting of the credit card is immediately after shipping of the Customer’s order in the online shop. Even when choosing the credit card mode of payment through secupay AG the supplier continues to be responsible for general customer inquiries about goods, delivery time, shipping, returns, complaints, declarations and sending of cancellation, or credits, for instance.
5.1 Delivery of goods is by shipment to the delivery address stated by the Customer unless agreed otherwise. When handling the transaction the address of delivery indicated in Seller’s order handling shall be decisive.
5.2 If the carrier returns the goods dispatched to the Seller because delivery to the Customer was not possible, the Customer shall pay the costs of the unsuccessful shipping. This shall not apply if the Customer exercises his right of cancellation effectively, if she/he is not responsible for the circomstances resulting in unsuccessful delivery, or if she/he was temporarily prevented from accepting the service offered unless the Seller had notified her/him of the service a reasonable period of time before.
5.3 Self-collection is not possible for logistic reasons.
If Seller performs in advance, he retains title to the supplied goods until payment in full of the purchase price owed.
7.1 If the object of purchase is defective, the provisions of the statutory liability for defects shall be applicable.
7.2 The Customer is requested to complain about delivered goods with obvious damage in transit to the postman/delivery service and to inform the Seller of it. If the Customer fails to do so, it will have no effects whatsoever on her/ his legal or contractual warranty claims.
8.1 To any and all legal relations of the parties the law of the Federal Republic of Germany shall be applicable by excluding the laws on the international purchase of movable goods. To consumers this choice of law applies only in so far as the granted protection is not revoked by imperative provisions of the law of the country the consumer has her/his habitual residence in.
8.2 This choice of law shall also not apply regarding the statutory right of cancellation in case of consumers who are not nationals of a member state of the European Union at the time of conclusion of contract, and whose sole residence and address of delivery are outside the European Union at the time of conclusion of contract.
The EU Commission make available on the web at the following link a platform for online settlement of disputes: http://ec.europa.eu/consumers/odr
This platform serves as contact for settlement out of court of disputes arising from online purchase or service contracts involving a consumer.