Terms of Service
General terms and conditions for purchases in the online shop www.wegst-sylt.de
§ 1 General, scope of the terms and conditions
1.1 All deliveries and services of Robert Wegst Schmuckwaren GmbH & Co.KG, Friedrichstrasse 33, 25980 Sylt OT Westerland, telephone: + 49-4651-22600, fax: + 49-4651-29181, email: email@example.com, register court: District court Niebüll, register number: HRA 702, general partner: Robert Wegst Schmuckwaren GmbH & Co. KG is represented by the personally liable partner: Wegst Verwaltungsgesellschaft mbH, register court: District court Niebüll, register number: HRA 558. This in turn is represented by the managing director Carsten Wegst, sales tax identification number of the GmbH & Co. KG according to § 27a UStG: DE135006523 (hereinafter "trader") takes place exclusively on the basis of the following general Terms and conditions (hereinafter “GTC”) in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions do not apply.
1.2 Customers in the sense of these terms and conditions are both consumers and entrepreneurs (hereinafter "customer"). Consumers in the sense of the terms and conditions are natural persons who conclude legal transactions for purposes that are predominantly neither commercial nor professional. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or legal partnerships who, when concluding a contract with the trader, are exercising their commercial or independent professional activity.
§ 2 Conclusion of the contract, formation of the contract
2.1 The presentation of the products in the online shop does not represent a legally binding offer by the retailer, but a non-binding invitation to the customer to order goods. By submitting the order on our website, the customer makes a binding offer to conclude a contract.
2.2 You can place orders in the online shop at www.wegst-sylt.de.
2.3 With your order you are making a binding offer to us to conclude the contract with you. We accept your offer by sending you an order confirmation by email within 48 hours of receiving your order. The contract is only concluded when this order confirmation is sent.
2.4 The following applies to orders in the online shop: When you have found the product you want, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking the button [Add to shopping cart] you can put the article in the shopping cart. You can view the contents of the shopping cart at any time by clicking the button [shopping cart]. You can remove the products from the shopping cart by clicking on the icon [trash can] to the right of the respective product. You can enter or change the number of products you want by selecting the appropriate number under the heading "Quantity" and pressing the [update] button. If you want to buy the products in the shopping cart, click on the [Checkout] button on the “Shopping cart” page. The further online ordering process consists of four steps.
In the first step, please enter your personal order data (name, delivery address) under "Your address". If you already have a customer account, you can log in with your access data under “Registration for registered customers”. Otherwise you can enter your data under "Order without registration" and choose whether you want to open a customer account. Then click on the button [Next]. In the second step, please select the desired shipping method under "Shipping method" and click on [Next]. In the third step, please select the desired payment method under "Payment method" and then click on the button [Next]. In the fourth step, under "Check and order" you will receive an overview of your order data so that you can check all the details again. You can also correct input errors by navigating backwards in the browser or correcting the respective data by clicking the menu items. To complete the purchase, you must click the [Buy] button. This is how you send the order to us and submit a legally binding offer. You will then receive a separate order confirmation. The contract with us does not come into existence until the order is confirmed.
2.5 When ordering in our online shop, the contract is concluded with: Robert Wegst Schmuckwaren GmbH & Co. KG, Friedrichstrasse 33, 25980 Sylt OT Westerland, phone: + 49-4651-22600, fax: + 49-4651-29181, email : firstname.lastname@example.org, register court: District court Niebüll, register number:HRA 702, general partner: Robert Wegst Schmuckwaren GmbH & Co. KG is represented by the personally liable partner: Wegst Verwaltungsgesellschaft mbH, register court: District court Niebüll, register number: HRA 558. This in turn is represented by the managing director Carsten Wegst, sales tax identification number of GmbH & Co. KG according to § 27a UStG: DE135006523
§ 3 Storage of the contract text
We save your order and the order data entered. We will send you an order confirmation with all order details and the terms and conditions by email. You also have the option of printing out both the order and the general terms and conditions before sending the order to us.
§ 4 cancellation policy
If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and are acting in your commercial or self-employed activity when concluding the contract, you do not have the right of withdrawal.
Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Right of withdrawal
You have the right to cancel 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 named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must contact us (Robert Wegst Schmuckwaren GmbH & Co. KG, Friedrichstrasse 33, 25980 Sylt OT Westerland, telephone: + 49-4651-22600, fax: + 49-4651-29181, email address : email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You 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 to check the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer; - for the delivery of goods that can spoil quickly or whose expiration date is fast would be exceeded; - for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature; - for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Robert Wegst Schmuckwaren GmbH & Co. KG, Friedrichstrasse 33, 25980 Sylt OT Westerland
Fax: + 49-4651-29181E-mail address: firstname.lastname@example.org
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable.
§ 5 prices and shipping costs
All prices quoted are final prices, i.e. they contain all price components, including statutory value added tax. Any additional delivery and shipping costs can be viewed on the Internet at www.wegst-sylt.de/versand.
§ 6 Delivery and Shipping Conditions
6.1 Shipping or delivery takes place internationally.
6.2 The delivery of goods takes place on the dispatch route and to the delivery address specified by the customer when processing the order. We deliver with DHL or another provider of our choice.
6.3 Unless otherwise stated in the respective product range, the goods will be dispatched within five working days of receipt of payment. In the case of payment in advance, the shipment will be made within 5 working days after receipt of payment. The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations, in particular the correct specification of the delivery address in the context of the order.
§ 7 availability of goods, force majeure
7.1 The contract is concluded with the reservation that, in the event of incorrect or improper self-delivery, not or only partial delivery. This only applies in the event that the non-delivery or partial delivery is not the responsibility of the retailer. The trader must then prove that she has otherwise tried in vain to procure similar goods. The customer will be informed immediately by the dealer about the unavailability of the goods. Consideration from the customer will be reimbursed immediately in the event of cancellation by the dealer.
7.2 Section 7.1 of these terms and conditions also applies to delivery delays due to force majeure (e.g. war, terrorism, riot or other unforeseeable circumstances for which the trader is not responsible, such as strikes, operational disruptions or lack of means of transport).
§ 8 Terms of Payment
8.1 Payment can be made either in advance, PayPal (credit card or direct debit payments are offered and processed via PayPal) and via Amazon Payments. The trader reserves the right to exclude individual payment methods. For new customers, the dealer reserves the right to check or change the payment method selected by the customer. If there is a change, we will notify you immediately and suggest payment alternatives. In this case, we can only carry out the delivery you have requested if we accept the proposed payment method.
8.1.1 If you choose to pay in advance, we will give you our bank details in the order confirmation. For transfers from non-European countries, any bank charges are to be borne by the customer. The total amount must be transferred to our account within 5 working days of receipt of the order confirmation. The delivery period begins with receipt of the total amount.
8.1.3 When paying by credit card, the invoice amount will be charged to the customer's credit card when the customer sends the order. The goods are dispatched after the proper receipt of payment has been established and checked in our booking system for electronic payment methods. The customer must ensure that the specified account has sufficient funds. If necessary, he has to bear the costs that arise as a result of a reversal of the payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details by the customer.
8.1.4 When choosing payment art (SEPA) direct debit and the successful transmission of the bank details by the customer, the merchant is revocably authorized to collect the invoice amount from the specified (giro) account (SEPA mandate). By specifying the current account, the customer confirms that he is entitled to direct debit via the relevant current account and that the account has sufficient funds so that the merchant can collect the amounts due. The invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. Advance information ("Pre-Notification") is any communication (e.g. invoice) from the merchant to the customer that announces that the account will be debited by means of SEPA direct debit. If the customer is a consumer, the period for the advance information is shortened to five days for first direct debits and to 2 days for subsequent direct debits. If the customer is an entrepreneur, the period for the advance information is shortened to one day for both first and subsequent direct debits. The advance information about the collection of the SEPA direct debit is sent to the customer by email to the email address given by him. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees resulting from the non-cashing or the reversal of the respective credit institution if he is responsible for this.
8.1.5 If the payment method Amazon Payments is selected, the payment transaction will be processed by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg, provided the customer has an Amazon account. During the ordering process, the customer is redirected to the Amazon login screen, where they can log in to Amazon and complete the order. Payment is made using the data stored in the customer's Amazon account (payment method, shipping address). Payment is then made automatically and immediately after the customer's confirmation via his Amazon account via Amazon Payment, without the data stored in the Amazon customer account being transmitted to the retailer. The user agreement for Amazon Payment can be found at https://payments.amazon.de/help/6019.
8.2 The purchase price can be paid (in part or in full) with vouchers issued by the dealer. The redemption of vouchers is irrevocable. It is not possible to pay out voucher values, not even residual values. If the customer exercises the right of return / cancellation, the value of the voucher will not be refunded in cash. Instead, a credit will be issued for future purchases in our online shop.
8.3 For deliveries to countries outside the EU, additional costs may arise for which the seller is not responsible. These are to be borne by the customer. These include, among other things, costs for the transfer of money by credit institutions (e.g. transfer fees) or import duties or taxes (e.g. customs duties).
8.4 If you are a consumer, interest is to be paid on the purchase price at the rate of 5 percentage points above the base rate when the payment arises. If you are not a consumer, the interest rate is 9 percentage points above the base rate during the delay in payment. We reserve the right to prove and claim higher damage caused by default.
§ 9 Warranty
9.1 If you are a consumer and you place the order with the retailer for a purpose that is predominantly neither commercial nor professional, the statutory warranty rights apply to our goods.
9.2 If you place your order with the dealer as an entrepreneur, the following applies:
9.2.1 Delivered goods are to be examined by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination. If such a defect appears later, the notification must be made immediately after it is discovered, otherwise the goods shall be deemed to have been approved even with regard to this defect. This does not apply if the retailer has fraudulently concealed the defect. Section 377 of the German Commercial Code remains unaffected. The customer is not relieved of his obligation to investigate, even in the case of recourse by the entrepreneur according to § 478 BGB. If, in such cases, he does not immediately report the defect asserted by his customer, the goods are deemed to have been approved, even with regard to this defect.
9.2.2 If there is a defect, the trader, taking into account the type of man gels and the legitimate interests of the customer to determine the type of supplementary performance. In the case of these contracts, subsequent performance is deemed to have failed after the unsuccessful third attempt. This number does not apply in the case of recourse according to § 478 BGB.
9.2.3 In the case of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, as these are not increased by the fact that the item is moved to a location other than Headquarters or the commercial branch of the customer to which the delivery was made. This number does not apply in the case of recourse according to § 478 BGB.
9.2.4 The customer's claims for defects, including claims for damages, expire after one year. The above restrictions and shortened deadlines do not apply to 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 willful or grossly negligent breach of duty as well as malice, in the event of a breach of essential contractual obligations Fulfillment enables the proper execution of the contract in the first place and on compliance with which the contractual partner can regularly rely (cardinal obligations), within the framework of a guarantee promise, insofar as agreed and insofar as the scope of the Product Liability Act is open.
§ 10 liability
10.1 The trader's liability for damages, regardless of the legal reason, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, is limited as follows, insofar as it is a fault in each case:
10.2 The trader is liable for damages - regardless of the legal reason - within the framework of fault liability in the event of willful intent and gross negligence (gross negligence).
In the case of simple negligence, the trader is only liable, subject to a milder standard of liability in accordance with statutory provisions (e.g. for diligence in one's own affairs)
a) for damage resulting from injury to life, limb or health,
b) for damage resulting from a not inconsiderable breach of an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, the trader's liability is limited to compensation for the foreseeable, typically occurring damage.
10.3 The limitations of liability resulting from paragraph 2 also apply in the event of breaches of duty by or in favor of persons for whose fault the trader is responsible in accordance with statutory provisions.
10.4 The limitations of liability arising from Paragraph 2 do not apply if the trader fraudulently concealed a defect or assumed a guarantee for the quality of the goods and for claims of the customer under the Product Liability Act.
§ 11 Retention of title, offsetting, right of retention
11.1 In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in your commercial or independent professional activity, a legal person under public law or a special fund under public law, we reserve the ownership of 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.
11.2 The following applies to entrepreneurs: You are only entitled to offset 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.
11.3 If the customer is in arrears with any payment obligations towards us, all existing claims are due immediately.
§ 12 customer service
If you have any questions, complaints or complaints, you can contact our customer service from Monday to Friday between 10 a.m. and 5 p.m. on the telephone number 04651-22600 or by email at email@example.com.
§ 13 data protection
The trader collects, stores and processes personal data only insofar as this is necessary for the processing of the contractual relationship with the customer. For this purpose, the retailer saves the order and the order data entered by the customer. The dealer sends the customer an order confirmation with all order data and the terms and conditions by email. The customer has the option of both the order and the general terms and conditions of the dealer - before submitting the order to print. The trader is entitled to transfer customer data to third parties if this is done for the purpose of the commissioned service (e.g. registration and / or changes to the domain with search engines, etc.). In addition, the information in the retailer's data protection declaration applies.
§ 14 OS platform
The EU Commission has set up an Internet platform for the online settlement of disputes ("OS platform") between entrepreneurs and consumers. The OS platform can be reached at http://ec.europa.eu/consumers/odr/. We are obliged to settle disputes with consumers before a consumer arbitration board. Consumers can contact the following consumer arbitration board: General consumer arbitration board of the Center for Arbitration e. V., Straßburger Str. 8, 77694 Kehl, http://www.verbübers-schlichter.de
§ 15 Legal system, place of jurisdiction
15.1 German law applies to the exclusion of the UN sales law.
15.2 In the case of customers who conclude the contract for purposes that are predominantly neither commercial nor their independent professional activity (consumers), this choice of law only applies insofar as the customer is not subject to mandatory provisions of the law of the state in which he is have their habitual residence.
15.3 The place of performance for all services from the existing business relationship with the trader, if the customer is a merchant, a legal entity under public law or a special fund under public law, is the trader's place of business.
15.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, or if he does not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction for any disputes arising from the business relationship between the trader and the customer is the trader's choice the place of business of the dealer or that of the customer. In these cases, however, the dealer's place of business is the exclusive place of jurisdiction for lawsuits against the dealer. Mandatory legal provisions on exclusive places of jurisdiction remain unaffected by this regulation.
15.5 The contract language is German.