Scope; Definitions
The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the online shop provider (“Provider”) and the customer (“Customer”). Deviating terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.
Conclusion of Contract
(1) By clicking “Place order (with obligation to pay)”, the Customer submits a binding offer to purchase the goods in the shopping cart.
(2) This automatic acknowledgment merely documents that the order has been received by the Provider and does not constitute acceptance of the offer. The contract is concluded only when the Provider issues a declaration of acceptance, which is sent in a separate email (order confirmation). In that email or in a separate email, but no later than on delivery of the goods, the text of the contract (consisting of the order, these T&Cs, and the order confirmation) is sent to the Customer by us on a durable medium (email or paper printout) (“Contract Confirmation”).
Delivery; Availability of Goods
(1) Delivery times shown in the online shop are nonbinding. The final delivery time will be confirmed after the order confirmation is signed.
(2) If, at the time of the Customer’s order, the selected product is not available, the Provider will inform the Customer of this without undue delay in the order confirmation. If the product is permanently unavailable, the Provider will refrain from declaring acceptance.
Retention of Title
The delivered goods remain the property of the Provider until paid for in full.
Prices and Shipping Costs
The applicable shipping costs are shown to the Customer in the order form and are borne by the Customer unless the Customer exercises the right of withdrawal.
Terms of Payment
The Customer may pay by credit card in the online shop or by bank transfer. In both cases, the order confirmation must be signed.
Liability for Defects; Guarantee
For business customers, the limitation period for defect claims for items delivered by the Provider is 12 months.
Liability
(1) The Customer’s claims for damages are excluded. Exempt from this are claims for damages by the Customer arising from injury to life, limb, or health, from the breach of material contractual obligations (cardinal duties), or liability for other damages based on intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents.
(2) In the event of a breach of material contractual obligations, the Provider is liable only for the typical, foreseeable damage if caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, limb, or health.
(3) The liability limitations resulting from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed a defect or assumed a guarantee for the quality of the item. The same applies insofar as the Provider and the Customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act remain unaffected.
Information on the Right of Withdrawal
(1) Consumers have a statutory right of withdrawal for distance selling contracts, about which the Provider informs below in accordance with the statutory model. Exceptions to the right of withdrawal are set out in paragraph (2).
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision by email to info@wavydesign.com. You may use the attached model withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract.
For this reimbursement we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are liable only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods
(2) The right of withdrawal does not apply to goods made to the Customer’s specifications or clearly personalized.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and send it back.)
— To [insert the entrepreneur’s name, address, and, where applicable, fax number and email address]:
— I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
— Ordered on (*) / received on (*):
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is notified on paper):
— Date:
(*) Delete as appropriate
Final Provisions
(1) Contracts between the Provider and the Customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions on the restriction of choice of law and on the applicability of mandatory consumer protection rules — in particular of the state in which the consumer has their habitual residence — remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider’s registered office.
(3) Even if individual provisions are legally invalid, the remainder of the contract remains binding. Where available, the statutory provisions shall take the place of the invalid provisions. However, if this would constitute an unreasonable hardship for a party, the contract as a whole becomes invalid.