I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts which you conclude with us as a supplier (WOLTU GmbH) via the Amazon Internet platform. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If we set up an item vis-a-vis Amazon, the activation of the supply-side domain at Amazon encompasses the non-binding offer associated with the conclusion of a purchase contract under the conditions specified on the page associated with the item in question (product description).
(3) You can use the shopping cart system or the 1-click ordering function to place a binding offer of purchase (order).
In case of the shopping cart system, the products that are to be purchased are placed in the “shopping cart”.
After the “Proceed to checkout counter” button is actuated and all the requested data is subsequently entered and the payment method and shipping address is selected, all the order data is finally displayed once again in the order overview. Before the order is sent, you can re-check all the data, change it or cancel the purchase transaction using the “Back function” of the browser. By clicking the “Buy now” button, you make a binding offer to us.
When using the 1-click ordering function, you have the option to place the order directly from the product detail page or product offer list.
Before placing the order, you can change the delivery address and – if possible - the number of selected items or cancel the purchase transaction using the “Back function” of the browser.
By clicking the “Buy now with 1-click®” or “Buy with 1-click®” button, you make a binding offer of purchase to us (order).
(4) You receive an automatic confirmation from Amazon via email after sending your order that we have received the offer. The order confirmation still does not lead to a conclusion of the contract.
(5) The acceptance of the offer (and with it, the conclusion of the contract) takes place with an email from Amazon, in which we confirm the shipping of the products to you . If you do not receive any shipping confirmation within 2 days, you are no longer bound by your order. Under such circumstances, any services that have already been provided are restored without undue delay.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
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II. Customer information
1. Identity of the seller
WOLTU GmbH
Emil-Wagener-Str 1
42289 Wuppertal
Germany
Telephone: 020251422330
E-Mail: info@woltu.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.4 The payment methods that are available to you are - Automatic debit transfer (debit note) or credit card - shown by clicking the appropriate button on our website or are disclosed in the respective quote.
The payment is processed via Amazon’s payment system, i.e. Amazon Payments. Your bank account or the credit card in question is debited after the goods have been shipped.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Provided that nothing else is mentioned in the item description or under "shipping costs", delivery of goods will take place within 3-5 days after the contract is concluded (or upon proof of payment in the case of advance payment).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
