1. Scope
The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.
The following applies to Germany: According to Section 13 of the German Civil Code, consumers are any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
The following applies to Austria: In the following conditions, "consumer" means "consumer" within the meaning of the Consumer Protection Act (KSchG).
The following applies to Switzerland: In the following terms and conditions, "consumer" means "consumer" under Swiss law.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with wesmartify GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. 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 and explained in the ordering 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 the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our terms and conditions in text form. You can view the text of the contract in our customer login.
4. Terms of Delivery
Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
5. Payment
The following payment methods are generally available in our shop:
PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe SCA 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment order. The payment transaction is carried out within one bank business day after placing the order. You will receive further information during the ordering process.
6. Retention of title
The goods remain our property until full payment. For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
7. Damage in transit
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8. Warranty and Guarantees
8.1 Right to Liability for Defects
The statutory liability for defects applies.
The following applies to consumers based in Switzerland :
As soon as it is possible in the normal course of business, you should check the condition of the item received and, if there are defects for which the seller has to provide a guarantee, notify the seller immediately. If the consumer fails to do this, the purchased item is deemed to have been approved, unless there are defects that were not recognizable during the usual inspection. If such defects arise later, the notification must be made immediately after discovery, otherwise the item is also considered approved with regard to these defects.
Send the defective product back to us with a description of the defect. You bear the transport costs incurred. The prerequisite is that the device is returned to us in the original packaging. We provide a guarantee by correcting defects. This is done at our discretion either by removing the defect (repair) or by delivering a defect-free item (replacement delivery). If the supplementary performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.
8.2 Warranties and After-Sales Service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service : You can reach our technical support for questions Monday to Thursday 12:30 p.m. to 4:00 p.m. and Friday 12:00 p.m. to 3:00 p.m. on the telephone number +49 900 1994024 or by e-mail at info@wesmartify.de
9. Liability
We are always fully liable for claims based on 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,
- in the case of a promise of guarantee, if agreed, or
- as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
10. Code of Conduct
We have submitted to the following codes of conduct:
- Trusted Shops ( https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf )
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS) that you here find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Conditions created with the Trusted Shops Legal copywriter in cooperation with FÖHLISCH Lawyers .
