Conditions
General terms and conditions of business
§ 1 Scope
The following general terms and conditions apply to all our business relationships with our customers (hereinafter: "buyer") if the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB).
§ 2 Prices and Order
1. Our prices include VAT (i.e. sales tax) at the statutory rate. Additional delivery and shipping costs are specified for each product offer.
2. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. By clicking the Buy button, you place a binding order for the goods in the shopping cart. Confirmation of receipt of your order will be sent together with acceptance of the order immediately after submission by automated email. The purchase contract is concluded with this email confirmation.
§ 3 Payment
1. You can choose to pay by invoice (via Mollie), credit card, instant bank transfer, ApplePay, PayPal. When purchasing on account, the purchase price owed by the buyer must be paid without deduction within 14 days after you have received the goods.
2. If the payment method purchase on account via Mollie is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction to Mollie, Keizersgracht 126, 1015CW Amsterdam, Netherlands, (hereinafter "Mollie"). The payment method purchase on account requires a successful credit check by Mollie. If the customer is permitted to pay on account after checking his creditworthiness, the payment is processed in cooperation with Mollie, to whom the seller assigns his payment claim. In this case, the customer can only pay to Mollie with a debt-discharging effect. Even if the payment method purchase on account via Mollie is selected, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.
§ 4 Retention of title; offsetting; right of retention
(1) In the case of consumers, we retain title to the purchased item 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 retain title to 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) Except in the case of a reversal of the contract after revocation, you only have the right to set off if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(3) If the customer defaults on any payment obligations to us, all existing claims shall become due immediately.
§ 5 Set-off and retention
Except in the case of a reversal of the contract after revocation, the buyer is only entitled to set off against us if his counterclaims have been legally established, we have acknowledged them or they are undisputed. In addition, the buyer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Cancellation policy
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us, AWAVE GmbH, Chiara-Ambra-Platz 1, 77743 Neuried, Tel.: (+49) 7807/95 66 190, Fax: (+49) 07807/95 66 48, E-Mail: info@awave.de by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use this withdrawal form However, this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
§ 7 Warranty
All goods from our shop are subject to statutory warranty rights. With regard to goods customized according to customer requirements, we would like to point out that any errors made by the customer during customization (e.g. spelling mistakes) are the responsibility of the customer 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 Complaints procedure
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR),
which you can find at http://ec.europa.eu/consumers/odr/ .
We are prepared to participate in an out-of-court arbitration procedure.