Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Reservation of Title
7. Warranty for Defects
8. Applicable Law
9. Alternative Dispute Resolution
1) Scope 1.1 These General Terms and Conditions (hereinafter "GTC") of Oliver Wilk, trading as "Oliver Wilk" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days by sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after submitting their order. If several of these alternatives exist, the contract is concluded at such time when one of these alternatives occurs first. The period for acceptance of the offer begins on the day after sending it by the Customer and ends with expiration of the fifth day following sending it. If the Seller does not accept the Customer's offer within this period, this shall be deemed as rejecting it with result that Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms of use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment when the Customer clicks on the button concluding the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is saved by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after sending their order. The Seller does not provide any further accessibility of the contract text beyond this.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better error recognition could be using the browser's zoom function to enlarge the display on screen. The Customer can correct their inputs within the electronic ordering process using standard keyboard and mouse functions until they click on the button that concludes the ordering process.
2.7 Only German language is available for concluding contracts.
2.8 Order processing and communication typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, it is important for the Customer to ensure that all emails sent by the Seller or third parties commissioned by them for order processing are delivered successfully.
3) Right of Withdrawal 3.1 Consumers generally have a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Terms 4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs that may apply will be separately indicated in the respective product description. 4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop. 4.3 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and Shipping Conditions 5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided in the Seller's order processing is decisive for the transaction. However, in the case of selecting PayPal as the payment method, the delivery address stored by the Customer at the time of payment with PayPal is decisive. 5.2 If delivery of the goods fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping if the Customer effectively exercises their right of withdrawal. Regarding return costs, in case of effective exercise of the right of withdrawal by the Customer, the regulations made in the Seller's cancellation policy apply. 5.3 If the Customer is acting as an entrepreneur, risk of accidental loss and deterioration of the sold goods passes to the Customer once the Seller has delivered the item to the carrier, freight forwarder, or any other person or institution designated to carry out shipment. If the Customer is a consumer, risk of accidental loss and deterioration of the sold goods generally only passes upon handover of the goods to the Customer or an authorized recipient. However, in deviation from this rule, risk of accidental loss and deterioration of sold goods also passes to consumers once Seller has delivered them to a carrier, freight forwarder, or any other person or institution designated for shipment if Customer has instructed such party for shipment and Seller has not previously named this party to Customer.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the Seller and if the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods, the Customer will be informed promptly, and any consideration already provided will be refunded without delay. 5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title If the Seller makes advance payment, they reserve ownership of the delivered goods until full payment of the purchase price owed.
7) Warranty 7.1 Unless otherwise specified in the following provisions, statutory warranty regulations apply. Deviating from this, in contracts for the sale of goods:
7.2 If the Customer is acting as an entrepreneur, the Seller has the choice of the type of subsequent performance; for new goods, the limitation period for defects is one year from the delivery of the goods; for used goods, rights and claims for defects are excluded; the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects. 7.3 The liability limitations and shortened deadlines specified above do not apply to claims for damages and reimbursement of expenses by the Customer in case the Seller has fraudulently concealed a defect, for goods that have been used in accordance with their normal purpose for a building and have caused its defectiveness, for any obligation of the Seller to provide updates for digital products, and in contracts for the sale of goods with digital elements. 7.4 Furthermore, for entrepreneurs, statutory limitation periods remain unaffected for any existing statutory recourse claims. 7.5 If the Customer is a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects according to § 377 HGB. If the Customer fails to fulfill the notification obligations specified there, the goods are deemed approved.
7.6 If the Customer is a consumer, they are requested to report any obvious transport damages to the carrier and inform the Seller accordingly. Failure to do so will not affect their statutory or contractual warranty claims. 8) Applicable Law For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country where the consumer has their habitual residence. 9) Alternative Dispute Resolution 9.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. 9.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.