Terms of Service
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1. Scope
1.1. These general terms and conditions (hereinafter "GTC") of "Wuun GmbH" (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") has with the seller with regard to the seller's online shop goods completes. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1. The product presentations contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2. The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.
2.3. The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), 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 asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4. Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can continuously correct his entries before the binding submission of the order as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.5. Only the German language is available for the conclusion of the contract.
2.6. The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3. Right of Withdrawal
3.1. In principle, consumers are entitled to 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 terms of payment
4.1. Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2. Various payment options are available to the customer, which are specified in the seller's online shop.
4.3. If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.
4.4. If you select the "PayPal" payment method, the payment is processed via the payment service provider PayPal (Europe) S.Ã rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https:// www.paypal.com/de/webapps/mpp/ua/useragreement-full. This presupposes, among other things, that the customer opens a PayPal account or already has such an account.
5. Terms of delivery and shipping
5.1. Goods are regularly delivered to the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address given in the purchase process by the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2. Goods that are delivered by a forwarding agent are delivered "free to the curb", i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
5.3. If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.4. Pickup is not possible for logistical reasons.
5.5. Vouchers are given to the customer as follows: by e-mail, by download, by post.
6. Retention of Title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for Defects
7.1. If the purchased item is defective, the statutory liability for defects applies.
7.2. The customer is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8. Redeeming Promotional Vouchers
8.1. Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
8.2. Promotional vouchers can only be redeemed by consumers
8.3. Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.4. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
8.5. Multiple promotional vouchers can be redeemed with one order.
8.6. The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.7. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.8. The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
8.9. The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.10. The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9. Governing Law
Swiss law applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10. Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in Switzerland, the sole place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside of Switzerland, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
11. Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.