TERMS & CONDITIONS
(Version: October 2015)
§ 1 contractor, scope
(1) Contracting parties under the following terms and conditions ("Terms and Conditions") are the Wemoto GmbH (referred to as "Wemoto") and the customer.
(2) All deliveries and services provided by Wemoto for customers are exclusively based on the following terms and conditions in their valid state at the time of the order and to the extent these are not amended by individual agreements between the Parties. These terms and conditions apply only to sales made via the website www.wemotoclothing.com and to customers who are consumers as defined in § 13 BGB.
(3) The Customer acknowledges the validity of these Terms and Conditions as part of the ordering process by submitting the completed order form. Opposing or deviating from the present terms and conditions of the customer are not accepted by Wemoto, unless Wemoto has previously expressly consented to their validity.
§ 2 Conclusion
(1) The offers of Wemoto on their websites are a non-binding invitation to the customer to order goods at Wemoto.
(2) The contract between Wemoto and Customer for the goods selected by the customer and inserted in the cart comes about by filling out the provided order form on the website and sending this form by clicking on the "Buy Now" or by pressing the "Enter "button (binding offer by the customer) on one hand and by the acceptance of this offer by Wemoto by sending a declaration of acceptance to the customer in the order specified e-mail address and the receipt of such declaration in which the address associated e-mail inbox of customers, at latest with delivery of ordered goods.
(3) The automatic order confirmation to the customer after receipts of order at Wemoto does not constitute acceptance of the contract offer. The automatic order confirmation amongst others inform the consumer about his right of withdrawal in text form.
(4) It is at the discretion of Wemoto, to accept or reject orders. In case of refusal Wemoto will inform the customer immediately.
(5) Any entry errors when placing an order, the customer can identify and correct them using the delete and change function and by pressing the "Back" function of the Internet browser before sending the order at any time at the final confirmation before checkout.
The contract text is not stored by Wemoto, the customer can at any time reach these contractual terms on the subcategory "Terms of Conditions" from the home page and see. The customer has the opportunity to print out these terms and conditions with the "print" function of the Internet browser or to save the Web page locally.
(6) Agreements are concluded exclusively with Wemoto.
(7) As a contractual relationship between you and us must be stated, with appropriate content or modified, we collect and use personal information about you (eg. name, address, email address, account, or credit card information, etc.), to the extent necessary for these purposes, in particular to answer your queries and to process your orders and any warranty claims.
Your personal data (for example, to logistics companies) is only passed on to third parties or otherwise transmit, to the extent necessary to fulfill a contract or for billing purposes, or you have previously consented. Notwithstanding, we may nevertheless be required by law in each individual case, to provide information about your personal data to public authorities. This may be particularly necessary in the case of law enforcement or security.
(8) The contract language is German.
§ 3 Prices
(1) All prices quoted are inclusive of applicable VAT without costs of packing and shipping the time of ordering.
(2) Packing and shipping (shipping costs) are charged separately. The amounts for shipping please refer to the section "Shipping and Returns".
(3) All prices, also for packaging and shipping, are valid for the respective countries and regions, only for the time of ordering. With actualization of the Internet pages of Wemoto all previous prices and other information about goods become invalid. Whichever is applicable valid version at the time of order.
§ 4 Payment Terms; Withdrawal of title
(1) Payments shall be made either by credit card, immediate transfer or PayPal.
(2) Pay by credit card
We currently accept Visa and MasterCard.
To make transactions over the Internet more secure, the indication of a card verification (CVC2 or CVV2 number) for credit card payments is mandatory. This number is not stored in the magnetic strip of the credit card and will not be printed on the payment documents. Can therefore ensure that the interrogation of this card verification that the customer has his credit card in front of him and thus be specified when ordering any card numbers misused by third parties. When card security is in case of Visa and MasterCard to a three-digit number, which is printed on the signature strip next to the possibly repeated their credit card number, printed on the top right.
In order to ensure the protection of your credit card information, your data is encrypted via SSL server transmitted. They are thus safe from unauthorized access.
For all credit card payments, the following rules apply: If a credit card is misused by an unauthorized person, you can file an objection with your credit card company. In the case of abuse, you get a refund.
§ 5 Data protection
§ 6 Revocation
You have the right to withdraw this contract within fourteen days without giving a reason.
The withdrawal period shall be fourteen days from the date on which the goods went over into your possession, or a representative from you by third parties, other than the carrier or has.
To use your right of withdrawal, you need to (for example, consigned by post mail, fax or email) inform us by means of a clear declaration about your decision to withdraw from this contract by. You can use the attached model withdrawal form, but which is not required for it.
Wemoto Online Store, Returns, Nassaustrasse 25, 65719 Hofheim am Taunus, Germany,
Tel: +49 (0) 6122 - 707 7800(local rate) Fax: +49 (0) 6122-7077810(local rate), firstname.lastname@example.org
To safeguard the withdrawal period, it is sufficient that you absendest the message about the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
If you recant this agreement, we have to immediately and repay all payments that we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the offered by us, cheapest Standard), at the latest within fourteen days from the date on which the notification of your cancellation of this contract with us has been received. For this repayment, we use the same method of payment that you've used in the original transaction, unless it was expressly agreed otherwise with you; in any case you will be charged fees because of this repayment. We may withhold reimbursement until we have received the returned goods, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods immediately and in any event not later than fourteen days from the date on which you notify us about the cancellation of this contract. The deadline is met, when you send the goods within the fourteen days of your withdrawal rights.
You carry the direct cost of returning the goods.
Note: We would like to ask you to use the enclosed return form for any kind of return. Please note, however, that this is not a prerequisite for the effective use of your right of withdrawal.
The return of the goods takes place at the following address:
Wemoto Online Store
§ 7 example withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
Wemoto Online Store
65719 Hofheim, Germany
Fax: +49 (0) 6122 - 7077810
- Hereby revoke (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following service (*)
- Ordered on (*) / received on (*)
- Name / consumer (s)
- Address of the / consumer (s)
- Signature of / consumer (s) (only for message on paper)
(*) Delete where inapplicable.
§ 8 Delivery, Transfer of Risk
(1) The delivery of the consignment from the warehouse to the delivery address given by the customer.
(2) The delivery time can be viewed in the menu item "shipping costs". Every delivery is subject to the proviso that Wemoto itself has supplied on time and correctly; this is true with respect to the following paragraph.
(3) In case of unavailability Wemoto will inform the customer immediately that the product ordered is not available, and Wemoto performance therefore cannot provide. If the purchase price is already paid, Wemoto refunds immediately to the customer. The above reservation of self-supply and the related right of withdrawal applies only in the event that the supplier of a covered transaction has been concluded, the Supplier Wemoto has so far abandoned and Wemoto is not responsible for a possible wrong or non-delivery.
(4) The delivery occurs against a packaging and flat rate shipping costs (§ 3 para. 2), the exact amount is awarded separately for each delivery.
§ 9 Retention of Possession
(1) The ordered goods remains property of Wemoto until full payment.
(2) a resale, rental, pledge, transfer, processing, other disposition or alteration without expressing consent of Wemoto is not permitted before transfer of ownership.
§ 10 Material defects and liability for defects
(1) The customer's claims against Wemoto case of defects shall be governed by the statutory provisions within the statutory periods, insofar as not already apparent from the following regulations deviations. The statutory warranty period is currently two years after delivery of the goods.
(2) Damages that are caused by improper or non-contractual measures by the customer, have no claim against Wemoto.
(3) The customer is requested obvious defects or shipping damage must be reported immediately to Wemoto. It is however expressly pointed out that an obligation of the customer does not exist at the moment.
§ 11 Liability
(1) For other than by injury of life, body and health damage liable Wemoto only if these are based on intentional or gross negligence or culpable violation of an essential contractual obligation (so-called. "Cardinal obligation", for this means such an obligation, the fulfillment of the must carry out the contract in the first place and on whose compliance the contractual partner regularly relies and may rely) by Wemoto or its agents. The provisions of the Product Liability Act remain unaffected; unlimited liability for fraudulent concealment of a defect, for an explicitly guaranteed quality as well as for personal injury remains beyond.
(2) Unless Wemoto slightly negligently violates a fundamental contractual obligation, the obligation to pay damages to the typically foreseeable damage.
(3) The data communication via the Internet cannot be guaranteed error free and / or available at all times in accordance with the current state of technology. Wemoto shall not be liable for the continuous and uninterrupted availability of their online stores or for other technical and electronic errors on that Wemoto has no influence. If links to other websites or resources are created, Wemoto is not responsible or liable for the availability of such external sites or resources. Wemoto makes content accessible to many websites or resources, on its own and excludes all liability or warranty with respect to this, as long as and to the extent is no knowledge of the illegality of the content.
(4) Wemoto is not liable for any loss of data if the damage occurred was not properly backed up this is the responsibility of the customer. From a proper data backup can be assumed if the customer demonstrably backs up its data sets at least weekly in machine-readable form, thereby ensuring that this data can be restored with a reasonable effort. The liability of Wemoto for the loss of data is limited to the typical cost of restoration that would have occurred if data is properly backed up.
§ 12 Prohibition; Lien
(1) The customer is not entitled to offset own claims against payments due by Wemoto, unless the customer's claims are undisputed or legally established or contested but ready for decision.
(2) The customer is not entitled to payment entitlements from Wemotos rights of retention - also from notice of defects - countered, unless they result from the same contract.
§ 13 Ineffective clauses; Jurisdiction; Applicable law
(1) Should one or more provisions of these Terms and Conditions be ineffective, then this does not invalidate the entire contract. The ineffective regulation is replaced by the relevant statutory provision.
(2) German law applies to the closure and liquidation of all contracts. The application of the CISG is excluded.
Managing Director: Gregor Garkisch, Stefan Golz, Patrick Lotz
Registration Number: HRB 24445
Register: Amtsgericht Wiesbaden, Germany
Registered Office: Hofheim, Germany
Sales tax identification number: DE267873765
Tel .: +49 (0) 6122 - 707 780 (local rate)
Fax: +49 (0) 6122 - 7077810 (local rate)