AGB

This English translation is provided for convenience only. Only the German version is legally binding.

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (WEMO-EZFW GmbH) via the website https://wemo-ezfw.de/. Unless otherwise agreed, the inclusion of any terms and conditions of your own is rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A trader is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods .

Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

Before submitting the order, you have the opportunity to check the information in the order summary again, change it (also via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge" or a similar label), you submit a binding offer to us.
(3) The offer is accepted (and the contract thereby concluded) without undue delay after the order by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received such a message, you are no longer bound by your order. In this case, any services already provided will be refunded without undue delay.

(4) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by email, at the latest without undue delay after conclusion of the contract. Any specifications we make regarding file formats must be observed.
 
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this connection.
 
(3) We do not check the transmitted data for correctness of content and accept no liability for errors in this respect.

§ 4 Special agreements on the payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a trader, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the reserved goods has passed, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 6 Warranty

(1) The statutory rights for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not do so, this has no effect on your statutory warranty claims.

(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are a trader, the following applies in deviation from the above warranty provisions:

a)  Only our own information and the manufacturer's product description are deemed to be the agreed quality of the goods, but not other advertising, public promotions or statements by the manufacturer.

b)  In the event of defects, we provide warranty at our discretion by repair or replacement. If the remedy of the defect fails, you may, at your choice, demand a price reduction or withdraw from the contract. The remedy is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the goods or the defect or the other circumstances. In the case of repair, we do not have to bear the increased costs arising from the goods being moved to a place other than the place of performance, provided the relocation does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortened period does not apply:

- to culpably caused damage attributable to us resulting from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- to statutory recourse claims that you have against us in connection with rights for defects.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of the more favourable law).

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is filed. The right to also call upon the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

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II. Customer information

1. Identity of the seller

WEMO-EZFW GmbH
Hohlgasse 1
76857 Gossersweiler-Stein
Germany
Phone: +4963469893601
Email: Mail@WEMO-EZFW.de


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, storage of the contract text

3.1. The contract language is German .

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system,  the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the banks), which are to be borne by you. 

5.4. Costs incurred for the money transfer (transfer or exchange rate fees of the banks) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or another person designated to carry out the shipment.

If you are a trader, delivery and shipment are at your risk.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were drawn up by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last updated: 2022-11-29