GTC.
AGB - windlounge.de Online Shop
§ 1 Scope and provider
These general terms and conditions apply to all commercial and service transactions you make in the windlounge.de online store or conclude with windlounge.de or Jibe wear UG (haftungsbeschränkt) by other means of remote communication.
The windlounge.de store is operated by:
Jibe Wear UG (haftungsbeschränkt),
Dammstraße 4,
04416 Markkleeberg,
Germany.
Managing director: Mario Kümpel, proxy holder: Christopher Jansen. Commercial register: HRB 35638 Leipzig Local Court.
VAT ID No.: DE321288525
The goods offered in our online store are intended exclusively for buyers who have reached the age of 18.
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
Contract language is exclusively German.
You can access and print the currently valid General Terms and Conditions on the GTC page.
§ 2 Conclusion of contract
Conclusion of contract via the windlounge.de store.
The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
By clicking the button ["Order now with obligation to pay" / "buy"] you submit a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you - without prior express declaration of acceptance. Exception: when paying with PayPal, the acceptance of the order takes place immediately with your order.
(2) Conclusion of contract by remote communication.
You also have the option to submit a declaration of intent to purchase one of our store products by mail, WhatsApp / SMS or telephone with subsequent written confirmation.
In this case you will receive a written confirmation incl. expected delivery date after purchase request. In case of immediate delivery, you will also receive the corresponding invoice in this step, which must be settled within 14 days after delivery.
(3) Purchase of products not listed in the windlounge.de store.
You also have the option to submit a declaration of intent to purchase any product not listed in the store by mail, WhatsApp / SMS or telephone with subsequent written confirmation.
In this case, you place an order with us for the procurement of the corresponding product(s). You will receive the acceptance of this order in writing by mail. In this is included: the expected delivery time, the invoice incl. indication of the term of payment or the partial invoice amount in case of a pre-order.
(4) Pre-order of windlounge.de products.
You have the possibility to order products from our assortment before
these are delivered to us. In this case you place a pre-order with us, whereby the following special regulations apply: § 4 (3), § 6 (3) and enter into force. The declaration of intent to place a pre-order on your part will be considered binding only after you have made the partial payment for the corresponding pre-order as stipulated in § 4 (3). THE SENDING OF THE INVOICE WITH A REQUEST FOR PAYMENT OF THE DEPOSIT DOES NOT CONSTITUTE ACCEPTANCE OF YOUR DECLARATION OF INTENT TO PURCHASE. Only the promise of a specific delivery date in connection with the request for payment of the entire invoice, represents the offer acceptance of your pre-order. Before that, we reserve the right to cancel your pre-order or purchase request without giving reasons. If we cancel your pre-order, this will result in an immediate refund of the deposit you have paid to us.
§ 3 Prices
The prices stated on the product pages include the statutory value-added tax and other price components and do not include the respective shipping costs. For more information on shipping costs, please visit our website at ["Shipping information" / "Terms of delivery"].
In the case of product inquiries, you will be informed of the respective valid price in the course of submitting an offer or sending an invoice directly.
§ 4 Terms of payment
(1) Payment shall be made either by: Credit card (e.g. Visa, MasterCard, American Express), ApplePay, Google Pay, AmazonPay, PayPal, invoice or bank transfer.
The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example to hedge our credit risk. We also reserve the right to expand or restrict the payment options offered at any time.
When paying by credit card (see above), the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account may occur at another time.
When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction is automatically carried out by PayPal immediately afterwards. Data protection information on orders with payment by PayPal can be found in our privacy policy.
(2) In the case of a pre-order, you will receive an invoice as an order confirmation with a request to pay a partial amount of your order. This partial amount usually corresponds to 30% of the total invoice amount and is to be paid to us immediately. We reserve the right to adjust the amount of the partial payment as desired. You have the possibility to agree with us on a different amount than the one proposed by us. The remaining part of the invoice is to be paid within a period of 14 days set by us, which begins with the delivery of the pre-ordered goods. We will inform you in advance about the expected delivery date of your goods.
§ 5 Offsetting / Right of Retention
You shall only be entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
The goods remain our property until full payment of the purchase price.
We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or in time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
We retain title to the goods until all claims arising from the current business relationship have been settled in full.Prior to the transfer of title to the goods subject to retention of title, pledging or assignment as security is not permitted.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 accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves. If the reserved goods are combined and mixed, we shall 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. We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
(2) If we have agreed with you to procure goods on your behalf, § 6 (1) shall apply analogously, with the exclusion of the provisions on procurement of the goods. If we procure goods on your behalf, you will receive a promise of an expected delivery date upon order confirmation. The estimated delivery time includes the procurement of goods, control and further shipment to you. If goods can not be delivered as agreed, you will be informed instead of the order confirmation from us as soon as possible in writing by mail or SMS / WhatsApp or by phone call.
(3) If you place an advance order with us, we undertake to forward the goods to you upon receipt. We will inform you about the expected delivery time at regular intervals of two to four weeks and separately when the delivery date is fixed.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, i.e. make the purchase for purposes that can be attributed predominantly neither to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the current provisions in our store. You can find the current cancellation regulations here and below:
You have the right to cancel this contract within 60 days without giving any reason. The withdrawal period is sixty days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods OR in the case of a contract for the delivery of goods in several partial consignments or pieces: on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or piece.
To exercise your right of withdrawal, you must:
Jibe Wear UG (limited liability)
c/o Christopher Jansen
Dam road 4
04416 Markkleeberg
Germany
by means of a clear statement (eg a letter sent by mail, SMS or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you cancel this contract, we will return to you all payments we have received from you, including the cost of delivery (except for any additional costs arising from the fact that you have chosen a method of delivery other than that specified by
(e.g. if you have chosen the most favorable standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we have received the notification of your revocation of this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
If you are responsible for any damage or diminution in value to the merchandise incurred during the time of possession, we reserve the right to charge such diminution in value or damage as a deduction from the applicable refund.
The following sample form is available for revocation.
Sample revocation form Jibe Wear / windlounge.de
If you want to cancel the contract using the cancellation form, please fill out this form and send it back. You do not have to comply with any particular form (e.g. mail, letter, etc.).
willkommen@windlounge.de
or
To:
windlounge.com
Jibe Wear UG
Dam road 4
04416 Markkleeberg
Germany
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) - Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper) - Date ___________
(*) Delete as applicable.
§ 8 Transport damage
If goods are delivered with obvious transport damage, please claim such defects immediately to the delivery person and contact us as soon as possible.
Failure to make a claim or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
If you are a consumer in the sense of § 13 BGB, the liability period for warranty claims for new goods is two years.
This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB).
If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects upon receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered later from the time of discovery. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.
In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
If the supplementary performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
The warranty period is one year from delivery of the goods.
§ 10 Liability
Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons. In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court.
The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ .
We will endeavor to settle any disagreements arising from our contract amicably. Furthermore, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 12 Final provisions
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Contracts between us and you shall be governed exclusively by German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law. If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: 11/2021, version 3
These GTC are oriented to and based on a sample publicly provided by: HÄRTING Rechtsanwälte, www.haer- ting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, fax (030) 28 30 57 4