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General terms of business and delivery
GENERAL TERMS OF BUSINESS
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
- Contracting party, conclusion of contract
The sales contract is concluded with WFE WE FOR EARTH GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for the purchase of these products. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending your order, you will receive further confirmation by e-mail.
- Contract language, contract text retention
The contract can be concluded in German or English language.
We save the contract text and send you the order data as well as our terms and conditions by e-mail. For security reasons, the text of the contract is no longer accessible via the Internet.
- Terms of delivery
Shipping costs will be added to the stated product prices. You can find out more about the shipping costs in the offers.
You have the option of collecting your order at WFE WE FOR EARTH GmbH, Wienerstrasse 206, 8051 Graz, Austria during the following business hours: Monday to Friday 9 AM to 5 PM.
You can choose to pay in advance, by credit card, PayPal, Sofort of cash on collection. In our online shop, you can choose between the following payment methods:
If you choose prepayment, we will send you our bank details in a separate e-mail and deliver the goods after we have received your payment.
We will ask you for your credit card details when you place your order.
After verifying you as the legitimate cardholder, we will request payment from your credit card company as soon as you have placed your order. The payment transaction is automatically processed by the credit card company and your card will be charged.
During the ordering process, you will be redirected to the website of online provider PayPal. To use PayPal to make your payment, you must have or create a PayPal account and verify your identity with your access data before you can confirm your payment to us. After placing your order in the online shop, we request PayPal to initiate the payment transaction.
PayPal will then immediately carry out the payment transaction. You will receive further information during the ordering process.
After placing your order, you will be redirected to the website of online payment provider Sofort GmbH. To use Sofort to make your payment, you must have an online banking account that is activated for participation in Sofort and has a PIN/TAN confirmation procedure. You will have to verify your identity and confirm your payment to us. You will receive further information during the ordering process. Sofort will automatically process the payment transaction and debit your account.
Cash on collection
You pay the invoice amount in cash when you collect your purchased items.
- Retention of title
The goods remain our property until we have received payment in full.
- Transport damage
If goods are delivered with obvious transport damage, please contact us immediately and notify the carrier as soon as possible. Failure to notify us or the carrier of damage us has no consequences for your legal claims and their enforcement, and in particular for your warranty rights. Your notification will, however, help us to assert our own claims against the carrier or the transport insurance.
- Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
In the case of used goods, the following applies: If the defect occurs after the end of one year from delivery of the goods, any claims for defects are excluded. Defects that occur within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of time limits shall not apply to claims for damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in the event of a breach of essential obligations under the contract, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contracting partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, insofar as agreed or
- insofar as the European product liability law applies.
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
For claims based on damage caused by us, our legal representatives or vicarious agents, our liability is in any case unlimited
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of any agreed guarantee promises, or
- insofar as the product liability law applies.
In the event of a breach of essential obligations under the contract, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contracting partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. In any other case, claims for damages are excluded.
- Dispute resolution
The European Commission provides an online dispute resolution (ODR) platform, which you can find here: https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
- Youth protection
If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The carrier will only hand over the goods after an age check has been carried out and only to the ordering party in person.
Consumers have a fourteen-day right of cancellation.
RIGHT OF CANCELLATION
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party you have instructed and who is not the carrier have/has taken possession of the goods.
To exercise your right of withdrawal, you must notify us (WFE WE FOR EARTH GMBH, Wienerstrasse 206, 8051 Graz, Austria, email@example.com, phone: +43 664 1690000) with a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can, but do not have to, use the attached sample cancellation form.
To comply with the cancellation period, notify us of your intention to cancel before the end of the cancellation period.
CONSEQUENCES OF WITHDRAWAL
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 no later than fourteen days after 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; under no circumstances will you be charged for this repayment. We have the right to withhold repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return the goods to us immediately and no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The requirement of return shall have been satisfied 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 testing the quality, characteristics and functioning of the goods.
SAMPLE CANCELLATION FORM
(Fill in and return this form to withdraw from the contract.)
– To WFE WE FOR EARTH GMBH, Wienerstrasse 206, 8051 Graz, Austria, firstname.lastname@example.org, Phone: +43 664 1690000, Austria
– I/we (*) hereby withdrawn from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for printed forms)
(*) Delete as applicable.
Cancellation policy created with the Trusted Shops legal text creation tool in cooperation with Wilde Beuger Solmecke solicitors.