Conditions of Use

(In the event of any discrepancy between the English and German text, the German text shall prevall).

 

Preamble

These General Terms and Conditions in their current version shall be valid for all business relations on www.wackerneuson-shop.com between cyber-Wear Heidelberg GmbH (a limited liability company), Elsa-Brändström-Strasse 4, 68229 Mannheim, represented by its managing directors: Mr. Steven Baumgaertner and Mr. Roman Weiss (hereafter called: cyber-Wear Heidelberg GmbH), and their customers at the time of contract completion.

 

§ 1 General

a) Contract Agreement

The contract language is German.

 

b) Completion of Contract

The product range representation of cyber-Wear Heidelberg GmbH’s Internet shop is non-binding and without obligation. The customer submits a binding offer to cyber-Wear Heidelberg GmbH after having gone through the online order process by entering the information required and confirming the order process in Step 4. By placing the order via email, facsimile, telephone or mail, the customer declares their binding contract offer. cyber-Wear Heidelberg GmbH shall confirm the receipt of the customer’s order without delay. The confirmation of receipt does not yet indicate a binding acceptance of the order. cyber-Wear Heidelberg GmbH is entitled to accept the binding contract offer, which is included in the order, within one week after the contract offer’s receipt via email, facsimile, telephone or mail, or through shipment of the goods. The acceptance constitutes a contract between cyber-Wear Heidelberg GmbH and its customer.

 

c) Option to correct input errors

Before submitting the purchase offer or the purchase acceptance, the customer shall have the option to correct their submitted data and confirm it. In the event that the customer recognizes potential input errors, the customer shall be given the opportunity to correct the data instead of confirming it.


 

d) Saving the contract’s text body

The contract’s text body shall be saved by cyber-Wear Heidelberg GmbH and shall be sent to the customer in writing (i.e. email, facsimile or mail) in addition to the present General Terms and Conditions and Customer Information, after their order has been submitted. The contract’s text body shall not, however, be accessed by the customer via the seller’s Internet website after having submitting their order. The customer may print the applicable website’s page showing the contract’s text body through the browser’s Print function.

 

§ 2 Delivery

a) Partial shipments

cyber-Wear Heidelberg GmbH shall be entitled to partial shipments when it is deemed acceptable to the customer. In the case of partial shipments, the customer shall, however, not incur any additional shipping cost.

 

b) Delays in delivery and services

Delays in delivery and services based on acts of God/force majeure and extraordinary and non-foreseeable events, which even with extreme precaution by cyber-Wear Heidelberg GmbH cannot be prevented (including especially: strikes, regulatory action or court orders, and instances of incorrect or improper delivery of goods to the seller despite the appropriate covering transaction to that effect), are not to be imputed to cyber-Wear Heidelberg GmbH. They entitle cyber-Wear Heidelberg GmbH to postpone delivery by the time period of the hindering circumstance.

 

c) Cancellation of Contract

At non-availability, based on the above-mentioned reasons, cyber-Wear Heidelberg GmbH may cancel the contract. cyber-Wear Heidelberg GmbH commits to inform the customer without delay about the non-availability and shall reimburse in return any services already rendered.

 

d) Delivery Exclusions

Delivery shall not be made to postal boxes.

 

e) Delay of Acceptance

Should the customer be in delay of acceptance of the goods ordered, cyber-Wear Heidelberg GmbH shall be entitled, after an appropriate grace period, to cancel the contract and file for damages because of delay or non-compliance. During the delay of acceptance, the customer carries the risk of accidental loss or accidental deterioration. This shall not be the case in the event that the person ordering exercises their legal right of cancellation through non-acceptance of the goods.

 

§ 3 Payment

a) Prices and Shipping cost

All prices are inclusive of the applicable German Value Added Tax rate (German: Umsatzsteuersatz) at the time of delivery plus the cost of shipping and handling which shall be shown separately.

 

b) Delay of Payment

The customer shall be in delay of payment when payment has not been received by cyber-Wear Heidelberg GmbH within two weeks after receipt of invoice. In case of delay of payment, interest in the amount of five percentage points above the European Central Bank’s base interest rate, that is eight percentage points above the European Central Bank’s base interest rate, are calculated for legal transactions which did not involve a consumer. Should the customer be delayed with their payments, then cyber-Wear Heidelberg GmbH reserves the right to charge overdue fees in the amount of EUR 5.00. The assertion of further damages shall remain undisputed. The customer has the possibility to proof that cyber-Wear Heidelberg GmbH suffered no or only a minimal amount of harm.

 

c) Right of Retention

The enforcement of a right of retention is only available to the customer for such counterclaims which are due and based on the same legal relationship as the customer’s obligation.

 

§ 4 Costs born at cancellation

The customer has to pay the regular cost of return based on § 357 Sec. 2 German Civil Code (German: § 357 Abs. 2 BGB) when the goods delivered comply with the goods ordered and when the price of the returned item does not exceed an amount of EUR 40.00, or when the customer has not yet made full payment or a contractually agreed-upon partial payment for higher priced merchandise at the time of cancellation.

 

§ 5 Notice to the Right of Cancellation for consumers with long-distance contracts

You may cancel your contract in writing (i.e. letter, facsimile or email) within 14 days without stating reasons or – when you have already received the item – by returning the goods. The period commences after receipt of this written notice but not before the recipient receives the goods (in the case of repetitive delivery of similar goods not before receipt of the first partial delivery) and not before fulfillment of our responsibility to information based on § 246 Sec. 2 in conjunction with § 1, Sec. 1 and 2 Introductory Act to the German Civil Code (“EGBGB”) as well as our responsibilities based on § 312g Sec. 1 sentence 1 German Civil Code in conjunction with § 246 Sec. 3 EGBGB. To comply with the cancellation period, the timely mailing of the cancellation or the goods shall be deemed sufficient. The cancellation shall be addressed to:

 

cyber-Wear Heidelberg GmbH
Elsa-Brändström-Strasse 4
D-68229 Mannheim/Germany
fax: +49(621) 30 983-444
email: wn@cwmail.org

 

Consequences of cancellation

In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued (i.e. interest) shall be released. Should you be partially or wholly unable to return the goods and usages (i.e. benefits from usage) received from us – or only do so in a deteriorated condition – you shall provide compensation to this extent accordingly. Duty to provide compensation can also be avoided by not making proprietary use of the goods and refraining from any action which may impair their value. This does not apply if such deterioration is entirely attributable to their inspection – e.g. as it would have been possible in a retail outlet. Goods prepared for parcel-post shipment shall be returned at our risk.

 

You shall bear the regular shipping costs of return deliveries if the goods delivered correspond with the goods ordered and if value of the goods to be returned does not exceed an amount of EUR 40.00, or in case of the goods’ higher value, return in services or a contractually agreed partial payment has not yet been made at the time of cancellation. In all other cases, return delivery is free of charge to you. Goods not suitable for parcel-post shipment shall be collected from you following receipt of revocation. Obligations to refund the cost must be met within 30 days. To you, the period shall commence when you mail the notice of cancellation or the goods, to us, it shall commence with its receipt.

 

- End of Notice to Right of Cancellation -

 

§ 6 Right of Ownership

The goods delivered shall remain property of cyber-Wear Heidelberg GmbH until paid in full. The customer agrees to handle the goods carefully at all times based on simple right of ownership. The customer shall waive a claim or exchange to cyber-Wear Heidelberg GmbH which the customer shall receive for the delivery of damaged, destroyed or lost goods. Should the customer be in breach of contract, especially when payment is delayed, cyber-Wear Heidelberg GmbH shall be entitled to take back the merchandise. The return of goods shall constitute a cancellation of contract.

 

§ 7 Guarantee

a) Warranty claim

A warranty claim may only be made concerning the condition of the merchandise; reasonable deviations in regards to aesthetic characteristics of the merchandise shall not come within the warranty claim.

 

b) Transfer of risk

Risk of accidental destruction or deterioration of merchandise ordered shall only be transferred upon the customer’s receipt of goods.

 

c) Notification

Should the customer realize that they receive goods in damaged packaging or notice damage after receipt of the goods, the customer shall inform cyber-Wear Heidelberg GmbH. There shall neither be an obligation to such notification nor shall the customer’s warranty rights be affected by an omitted notification.

 

d) Subsequent performance

Should the merchandise be defective, the customer may choose to require subsequent performance in form of repair or delivery. In the event that, even after two attempts, the defect could not be corrected, the customer may choose to cancel the purchase or reduce the price.

 

e) Rights regarding non-essential defects

Should a non-essential defect exist, the customer shall be entitled only to the right of an appropriate reduction of the purchase price excluding the right to cancel.

 

f) Damages for defects

No liability is assumed for damage which may be based on the incorrect handling or use of the merchandise. cyber-Wear Heidelberg GmbH shall only provide damages for the goods’ defects in the event of intent or gross negligence. This exclusion shall not be applied to liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.

 

g) Warranty towards business owners

The following regulations apply towards business owners, apart from the statutory warranty regulations: in case of defect, cyber-Wear Heidelberg GmbH shall provide subsequent performance based on the customer’s choice in form of defect removal or renewed delivery. The risk of accidental loss or deterioration of the goods shall already be transferred to the person responsible for the transport. Warranty claims shall be subject to statutory limitation within one year after the pre-determined risk transfer.

 

h) Business owners’ duty to objection

Business owners are obligated to immediately inform in writing of obvious defects: otherwise the validity of warranty claims shall be excluded. Timely mailing of the objection within the grace period shall suffice. The business owner shall produce proof in its entirety that all conditions for a claim have been met, especially the defect itself, the exact time of discovery of the defect and the timeliness of the objection regarding the defect.

 

§ 8 Liability

a) Liability exemption disclaimer

cyber-Wear Heidelberg GmbH, and its legal representatives and vicarious agents, shall only be liable for intent or gross negligence based on the following clause. In case of slight negligence, liability shall only cover the violation of essential contractual duties, consequently of such duties whose compliance is of special importance for the fulfillment of this contract’s purpose. Liability shall only be limited to the foreseeable, contract typical, immediate average damage. cyber-Wear Heidelberg GmbH shall only be liable in case of a gross negligent violation against non-essential contractual duties in the amount of the foreseeable, contract typical, immediate average damage towards customers who are not consumers.

 

b) Retention of Liability

The aforementioned liability exemption disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.

 

§ 9 Data Privacy Regulations

cyber-Wear Heidelberg GmbH advises that data received as part of a contract conclusion shall be collected, processed and used for fulfillment of contractual obligations, based on the data privacy regulations, especially those of the Federal Data Protection Act (German: Bundesdatenschutzgesetz/BDSG), of the German Teleservices Act (German: Telemediengesetz/TMG) as well as the Interstate Broadcasting Agreement (German: Rundfunkstaatsvertrag/RStV). Additional information regarding data privacy may be found in the data privacy statement.

 

§ 10 Final clause

a) Place of Jurisdiction

It is agreed that the exclusive place of jurisdiction for all litigation proceedings based on this contract shall be the registered office of cyber-Wear Heidelberg GmbH in Mannheim, insofar as the customer is a merchant, legal entity under public law or special fund under public law, or insofar as the customer does not have a place of jurisdiction in the Federal Republic of Germany.

 

b) Governing Law

Unless mandatory legal provisions based on the customer’s right of domicile do not prevent it, it shall be agreed upon that German law shall valid excluding the UN Convention on the International Sale of Goods.

 

c) Severability Clause

Should individual terms of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.