Table of Contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and Payment Terms
- Delivery and shipping terms
- Retention of title
- Liability for defects (warranty)
- Liability
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
Scope of application
1.1 These General Terms and Conditions (hereinafter „GTC“) of Alexander Düren, trading as „WeitLäufer“ (hereinafter referred to as the „Seller"), apply to all contracts for the supply of goods which a consumer or business (hereinafter referred to as the „Customer“) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These Terms and Conditions apply accordingly to contracts for the supply of vouchers, unless otherwise stipulated in this regard.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.4 A business customer within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual basket and going through the electronic ordering process, and by clicking the button that concludes the ordering procedure, the customer submits a legally binding contractual offer with regard to the goods contained in the basket. Furthermore, the customer can also submit the offer to the seller by email.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), with receipt of the order confirmation by the customer being decisive in this regard, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by asking the customer to pay after they have placed their order.
If several of the aforementioned alternatives apply, the contract shall come into effect at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer shall begin to run on the day following the dispatch of the offer by the customer and shall end upon the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Service, which can be viewed at https://www.paypal.com
2.5 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller once the contract has been concluded and is sent to the customer in writing (e.g. by email, fax or letter) once the customer has submitted their order. The seller will not make the text of the contract available in any other way. If the customer has set up a user account in the seller’s online shop before submitting their order, the order details will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.
2.6 Before submitting a binding order via the Seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing is generally automated via email. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at this address.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and postage costs will be specified separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, further costs may occur in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the customer in the seller's online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered via the payment service provider „PayPal“, the payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which the seller provides advance performance to the customer (e.g. purchase on invoice or instalment payment), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment term or at the agreed payment intervals. In this case, payment with discharging effect can only be made to PayPal or the payment service provider commissioned by PayPal. However, even in the event of the assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns or credit notes.
5) Delivery and Shipping Terms
5.1 If the seller offers shipping of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller's order processing shall be decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs thereby incurred by the seller. This shall not apply with regard to the costs of outward shipping if the customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's cancellation policy shall apply to the return shipping costs.
5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to the customer only upon handover of the goods to the customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer – even in the case of consumers – as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the seller has not previously named this person or organisation to the customer.
5.4 If the customer is acting as a consumer resident in Germany or as a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies if the non-delivery is not the fault of the seller and the latter has concluded a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the counter-performance refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller performs in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. By way of deviation from this, the following shall apply to contracts for the delivery of goods:
7.1 Does the customer act as a trader,
- does the seller have the choice of the type of subsequent performance;
- the limitation period for defect rights for new goods is one year from delivery of the goods;
- are rights regarding defects excluded for second-hand goods;
- does the limitation period not start afresh if a replacement delivery is made under liability for defects.
7.2 The limitations of liability and reductions in time limits regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller fraudulently concealed the defect,
- for goods which have been used for a building in accordance with their usual mode of use and have caused its defectiveness,
- regarding any potential obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.3 Furthermore, for business owners, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.
7.4 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification duties stipulated therein, the goods shall be deemed to have been approved.
7.5 If the customer is acting as a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to inform the seller of this. Failure to do so will have no effect whatsoever on their statutory or contractual rights in respect of defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The seller shall be liable without limitation for any legal ground
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee, unless otherwise provided in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the customer is acting as a consumer resident in Germany or as a business, the following limitations of liability apply:
If the seller negligently breaches an essential contractual obligation, their liability shall be limited to the foreseeable damage typical of the contract, unless they are liable without limitation in accordance with the preceding section. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and upon the compliance with which the customer may regularly rely. In all other respects, the liability of the seller is excluded, unless they are liable without limitation in accordance with the preceding section.
8.3 The above liability provisions also apply with regard to the seller's liability for their vicarious agents and legal representatives.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.3 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.4 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
9.5 The credit of a gift voucher will not be paid out in cash, nor will it accrue interest.
9.6 The gift voucher is transferable. The seller may discharge their obligations with legal effect to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or is grossly negligent in not having knowledge of the ineligibility, legal incapacity or lack of authority to represent of the respective holder.
10) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
11) Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
