General Terms and Conditions and Client Information
§ 1 Scope of Application
(1) These Terms and Conditions of the company Wickey GmbH & Co. KG (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
(2) A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
§ 2 Conclusion of the Contract
(1) The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
(2) The Client may submit the offer by the online order form integrated into the Seller's online shop. By clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
(3) The Seller may accept the Client's offer within five days by transferring a written order confirmation, by delivering ordered goods to the Client, or by requesting the Client to pay after the order was placed. The contract shall be concluded when one of these alternatives occurs.
(4) The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on the expiry of the fifth day.
(5) The contract’s content will be stored by the Seller and sent to the Client together with these Terms and Conditions. It cannot be retrieved afterwards from the Seller’s website.
(6) The Client may correct entered data at any time prior to submitting a binding order using standard keyboard and mouse functions.
(7) The contractual language is English.
(8) Order processing usually takes place via e-mail. It is the Client’s responsibility to ensure that the provided e-mail address is correct and reachable.
§ 3 Right to Cancel
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.
§ 4 Price and Delivery Costs
(1) Unless otherwise stated, prices indicated are end prices including statutory VAT. Any additional delivery costs are specified separately.
(2) For deliveries to countries outside the European Union, additional costs may arise which shall be borne by the Client.
(3) Payment can be made using the methods indicated in the Seller’s online shop.
(4) If payment in advance has been agreed upon, payment shall be due immediately upon contract conclusion.
(5) Payment via PayPal is processed through PayPal (Europe) S.a. r.l. et Cie, S.C.A.
§ 5 Shipment and Delivery Conditions
(1) Goods are delivered to the delivery address indicated by the Client.
(2) If delivery is not possible due to reasons attributable to the Client, the Client bears the costs of the unsuccessful dispatch.
(3) The Seller reserves the right of partial delivery.
(4) The risk of accidental destruction and deterioration passes to the Client upon receipt of the goods. For traders, it passes upon dispatch.
(5) The Seller may withdraw from the contract in case of improper self-supply. Payments will be refunded immediately.
(6) Collection by the Client is not possible.
§ 6 Liability for Defects
(1) The statutory consumer rights will apply.
(2) If the Client is a consumer and uses the short-term right to reject, the goods must be returned at the Client’s cost.
§ 7 Law and Jurisdiction
(1) For consumers, the law of the country of habitual residence applies. The UN Convention on Contracts for the International Sale of Goods does not apply.
(2) For traders, the law of the Seller’s place of business applies with exclusive jurisdiction at the Seller’s place of business.
§ 8 Alternative Dispute Resolution
(1) The Seller is neither willing nor obliged to participate in out-of-court consumer dispute resolution.
(2) The Seller is not obliged to take part in dispute settlement before an alternative dispute resolution entity.