General Terms and Conditions & Cancellation Terms
§ 1 Application area, definition
(1) These terms and conditions of business are valid for all contracts between us and our customers. No matter whether you are a private person or an entrepreneur or how the order is placed (via Internet or any other method). If you place your order via phone you will be told about the terms and conditions. The written order confirmation will include the terms and conditions.
(2) Every natural person is a consumer as long as the legal act is not concluded for his or her commercial or independent business. Every natural or legal person or private company capable of holding rights who concludes a contract for commercial or independent business is an entrepreneur. A private company capable of holding rights is a private company with the ability to get hold of rights and enter into engagements.
(3) Deliveries are only effected on the basis of these terms on conditions. Contrary terms of business are only valid if confirmed in written form. When ordering the customer accepts these general terms of business.
§ 2 Offer and conclusion of contract
(1) Our offers are non-binding. When a customer orders, he or she launches a binding bid. You are bound to your bid for 10 days.
(2) Acceptances, assurances and all other agreements need to be confirmed by us in written form to become legally effective. This confirmation is given, when we confirm the offer in written form to the customer or with sending the invoice to the customer. A confirmation of receipt of the order is no acceptance of the order.
(3) If we should accept the order in another form, e.g. a different price, the acceptance has to be seen as offer for a modified contract (§ 150 Abs. 2 BGB). The consumer has the option to accept this offer within 14 days formally or silently- e.g. by uncontradicted acceptance of the goods or via email. We therefore resign to receive a special declaration of acceptance (§ 151 BGB). If the customer is an entrepreneur and does not contradict the modified contract within 3 days after receipt, the offer is accepted, unless we could not have been expecting the customer to accept it, because of a considerable change of the original contract.
(4) A contract is not concluded if our offer contains obvious misspellings or other false information referring to the features or the price of the product. We have to prove the misspelling or the false information to the customer. If the customer is a consumer, we are liable without restrictions for all information of the product as to be found in § 434 Abs. 1 S. 3 BGB. The consumer can rely on the correctness of all product information.
§ 3 Delivery and obligation to complain
(1) Delivery is effected to the address given by the customer. If the customer is entrepreneur the hazard is passed to the forwarding agent or anyone who is responsible for transportation (§447 BGB); if the customer is consumer the hazard of possible loss or damage is passed after receipt or default of acceptance (§ 474 Abs 2 BGB).
(2) We try to deliver the goods as fast as possible; delays of delivery are generally stated with reservations to in-time and sufficient supply to us. Only written stated delays of delivery are obligatory.
(3) All articles which are directly on stock are normally brought on the way to you within 48 hours after the requirements of § 4 (1) are fulfilled. Delivery of the available goods to the address the customer stated is normally effected 2 – 3 days after giving it to the forwarding agency or parcel service.
(4) The customer is obliged to examine the goods regarding quality and possible damages immediately after receipt. The consumer's rights §§ 434 ff. BGB are not restricted if the obligation is hurt; in individual cases a negligence of the consumer can result of this § 254 BGB. The entrepreneur has to notify visible damage directly with delivery and hidden damage directly after discovery or the possibility to discover it. Application of § 377 HGB is not effected.
§ 4 Price and shipping
(1) If the customer is a consumer shown prices are final prices including the valid legal tax. If the customer is entrepreneur shown prices are final prices plus the legal tax. The price has to be paid cash in advance.
(2) The customer has to pay the delivery costs which depend on weight, size, number of parcels and space. Custom duties or country specific dues have to be paid by the customer too.
(3) If the customer is consumer and has cancelled the contract like under § 8 we will have to bear the cost of returning the goods.
(4) We chose the dispatch type, route and company if nothing else is agreed with the customer. These agreements have to be done written.
(5) Cargo insurance is not concluded. If the customer wants to he or she has to bear the cost themselves.
§ 5 Default/ Compensation
(1) If the customer refuses to take over the goods in a given adequate deadline without being authorized to or explicitly explains to not take over the goods we can withdraw from the contract and ask for compensation because of default. The same is to be applied if the customer is in default with paying the invoice or part of it. In these cases we can ask for a compensation of 25% of the value of goods. The customer is allowed to prove that no damage occurred or is less than the asked sum.
(2) The customer adheres for every carelessness while default of payment or acceptance and for accidentally loss of the goods (§ 287 BGB). If the customer does not take over the correctly delivered goods – without exercising the right of return in case of consumer goods – he owes us the arising additional charges for example express or storage charges, administration cost, etc. (§ 304 BGB). Default of acceptance is especially given if the customer is not present at the given delivery address on the concretely arranged date of delivery. If the customer seriously and unjustified refuses to accept the goods we can withdraw from the contract and claim the loss as compensation (§ 325 BGB). The above mentioned arrangement regarding the rate of compensation is to be applied here to.
§ 6 Charging, Assignation and retaining lien
(1) The customer only has the right to charge if his counterclaims are established as final and absolute or confirmed by us in written.
(2) The assignation of a customer's title against us is only legally effective with consent or approval; § 354a HGB is unaffected.
(3) The customer is insofar authorized to exercise a retaining lien if his counterclaim is based on the same contract.
§ 7 Secret lien
The delivered goods are our belongings until they are completely paid. Fulfillment of obligations under the reservation of ownership of the property may subject the goods covered not to be retailed, rented, lent or given away and not given to third parties to repair; the consumer's right of remedy of defects remains unaffected in the case of our arrears with the owed supplementary performance. If the customer does not meet his due obligations of the secret lien, we can after reasonable deadline withdraw from the contract and demand the delivered goods from the customer back as well as after threating with a reasonable deadline use the best way possible. All costs of withdrawal and utilization of the delivered goods the customer has to bear.
§ 8 Cancellation policy
Right of cancellation:
If the customer is a consumer he or she can cancel the order within 14 days without giving reasons in written form (e.g. per letter, fax or email) or –if the goods are handed over before the deadline – by sending them back. The deadline begins to run with receiving these instructions in written form, however not before goods have been delivered to the consignee ( with multiple deliveries not before the first one arrived ) and neither before fulfilling our information duties as Art. 246 § 2 EGBGB in combination with § 1 Abs. 1 and 2 as well as our duties as per § 312g Abs. 1 S. 1 BGB in combination with Art. 246 § 3 EEGBGB. To meet the deadline it is sufficient to send the cancellation or the goods in time. It has to be sent to the following address:
Firma Wonderlift GmbH
Telefax: +49 (0) 29 02 – 988 36 24
In case of an effective cancellation goods and services already received on both sides have to be refunded. If you can only give back the goods and services already received partly, in a bad state or you cannot give them back at all, you have pay compensation. If the good's worsening is because of anything else than checking the goods and their functions compensation has to be paid. Checking the goods and their functions means checking and testing the delivered goods as normally possible and reasonable.
Goods that can be shipped in a parcel are to be send back at our expenses. Goods that cannot be send in a parcel will be collected at your place. Obligations for reimbursement of payments have to be fulfilled within 30 days. The deadline begins for you with sending the notice of withdrawal or with sending the goods and for us it begins with reception of the goods.
End of cancellation possibility
§ 9 Obligation to co-operate
(1) The customer is obligated to support us and our partner in the best of ways possible. In the case of returning the goods, whether because of a complaint or an effective cancellation, the customer is responsible for proper packaging the goods. The packaging should be similar or best the original packaging to ensure a safe transport back. The return of the goods is effected after consultation with us via mail, parcel service or forwarding agency
(2) In the case of unjustified non-acceptance of the goods we reserve the right to ask the customer to pay € 50,00 for all arising extra charges, the customer is allowed to bring the evidence, that a loss never arouse or is lower than the required amount.
(3) In the case of damage (eg damaged packaging material, etc.) the customer has to inform us immediately and note the damage on the delivery bill of the freight forwarder or reject the delivery with reference to possible damage. The customer has to support us while claiming the damage.
§ 10 Liability for defects and manufacturer warranty
For a defect of the goods statutory provisions are to be applied in general. This means that the customer can ask for supplementary performance, either additional delivery or replacement. In the presence of other statutory requirements, the customer is entitled to reduce the purchase price or withdraw from the contract. Damage claims because of defects on the goods apply – additionally to the legal requirements – to the in § 11 listed requirements. The legal warranty period for consumers with new things is 2 years and used items 1 year. If the customer is entrepreneur, warranty is for new things one year too. If we offer seasonal and / or time-limited longer warranty periods in our shop, they apply to contracts concluded with us at this time. If the customer is consumer, the deadline begins with the receipt of the goods for entrepreneurs with the goods supply or transfer to the shipper. Possible given manufacturer warranties do not prolong the deadline. If the manufacturer should have given a warranty, the customer can also contact the manufacturer directly. In case of defects, the customer has to contact us before returning the goods and send the goods according to our requirements. We advise of § 9 Abs. 1.
§ 11 Liability
(1) We are liable for gross negligence and intentional breaches of duty, and for bodily injury caused by simple negligence. If the customer is entrepreneur, the liability for non-intentional acts on the limits of contract typically foreseeable damage.
(2) For slight negligence, we are only liable for the breach of contractual obligations and limited to the foreseeable damage of contract. This limitation does not apply to injury to life, limb and health. For other ordinary negligence by a deficiency of the purchased goods caused damage we are not responsible. Any liability for pre-contractual fault (CIC) or under the Product Liability Act remains unaffected.
(3) Regardless of any fault on our part remains unaffected to any liability for fraudulent concealment of a defect or from the acceptance of a guarantee or warranty. The manufacturer warranty is a guarantee from the manufacturer and does not constitute a warranty by us.
(4) Unless a cause that we are not responsible for (e.g. strike, lockout, war, natural disasters, piracy, destruction of ships, other involuntary transportation accidents, etc.) affects agreed delivery dates, we may ask for a reasonable postponement or cancel the contract.
§ 12 Use of data
All personal data is kept strictly confidential. Personal customer-data will only be passed to third party to processing orders. The customer agrees that we save the data necessary to handle the order and that we are allowed to send further offers, information etc. The customer has the right to refuse and cancel this acceptance.
§ 13 Links
On our pages there is a reference with links to other sites on the Internet. We have no influence on the design and content of the linked pages. Therefore we dissociate ourselves from all contents of all linked pages and do not adopt them as our own. This statement applies to all specified links and all content of the pages to which links lead.
§ 14 Other points
(1) All contracts concluded with us are exclusively subject of the laws of the Federal Republic of Germany excluding the CISG.
(2) For all current and future requirements from the business relationship with companies, including foreign exchange and check claims jurisdiction is our registered office; the same applies to consumers, unless the customer has no general jurisdiction in Germany, has moved his domicile or habitual residence transferred from abroad or if his residence or usual place of residence at the time the action is not known.
(3) In business dealings with companies the place of fulfillment is the registered office of our society.
(4) If any of the above conditions is ineffective, this does not affect the validity of the remaining conditions.