General Terms and Conditions of Business
§ 1 Scope of application
The following General Terms and Conditions shall apply to all our business relations with our customers (hereinafter: "Buyer") if the Buyer is a consumer within the meaning of § 13 BGB (German Civil Code).
§ 2 Prices and Ordering
(1) Our prices include value added tax (i.e. sales tax) at the respective statutory rate. Additional delivery and shipping costs are indicated in the respective product offer. 2.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the Buy button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order together with the acceptance of the order will be sent immediately after sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
§ 3 Payment
You can choose to pay by invoice (via Mollie), credit card, Sofortüberweisung, ApplePay, PayPal. In the case of purchase on account, the purchase price owed by the purchaser is to be paid without deduction within 14 days of receipt of the goods. 2.
If you choose the payment method purchase on account via Mollie, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Mollie, Keizersgracht 126, 1015CW Amsterdam Netherlands, (hereinafter "Mollie") within 14 (fourteen) days of receipt of the invoice without any deductions. The payment method purchase on account requires a successful credit check by Mollie. If the Customer is permitted to use the payment method purchase on account after the creditworthiness check, the payment will be processed in cooperation with Mollie, to which the Seller assigns its payment claim. In this case, the Customer may only make payment to Mollie with debt-discharging effect. The seller shall remain responsible for general customer enquiries, e.g. concerning the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method of purchase on account is selected via Mollie.
§ 4 Retention of title; set-off; right of retention
(1) In the case of consumers, we retain title to the purchased goods until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You shall only be entitled to a right of set-off, except in the case of a reverse transaction after revocation, if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3) If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.
§ 5 Offsetting and retention
Except in the case of a rescission of the contract after revocation, the buyer shall only have a right of set-off against us if his counterclaims have been legally established, if we have acknowledged them or if they are undisputed. Furthermore, the buyer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 6 Cancellation policy
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, WARIMEX GmbH, Chiara-Ambra-Platz 1, 77743 Neuried, Tel.: (+49) 7807/95 66 190, Fax: (+49) 07807/95 66 48, E-Mail: firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use this cancellation form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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 repayment 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 without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
§ 7 Warranty
Statutory warranty rights exist for all goods from our shop. With regard to goods customised according to the customer's wishes, we would like to point out that any errors made by the customer during customisation (e.g. spelling mistakes) are at the customer's expense and do not trigger any warranty rights.
§ 8 Applicable law
The contract language is German. You have the option of concluding the purchase contract in German or English.
§ 9 Complaint procedure
Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS),
which you can find at http://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court dispute resolution procedure.