1. Scope
2. Conclusion of the contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Redeeming gift certificates
9. Redemption of campaign vouchers
10. Applicable Law
11. Place of jurisdiction
12. Information on online dispute resolution
1. Scope
1.1. These general terms and conditions (hereinafter referred to as "GTC") of "wisemarkt GmbH" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller via the seller in his online -Shop completes the goods offered. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2. These terms and conditions apply accordingly to the purchase of vouchers, if and unless otherwise expressly regulated.
1.3. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.4. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1. The presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that concludes the ordering process, the customer makes a binding offer to purchase the goods in the shopping cart.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the offer is sent by the customer 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 represents a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer issues the payment order to PayPal at the same time by clicking on this button, the seller declares, in deviation from the above regulations, to accept the customer's offer at the time the payment order is issued.
2.5. The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is saved on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the contract text is available to the customer free of charge via his customer login, provided that the customer has opened a customer account.
2.6. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
2.9. If the order concerns a data carrier with an age restriction (e.g. FSK 18 or USK 18), the customer declares by sending his order that he has reached the legal minimum age required for the delivery of these articles. Furthermore, the customer must ensure that only he or an authorized person of legal age can receive the goods.
The seller reserves the right to verify the age of the customer.
3. Prices and terms of payment
3.1. The prices shown are final prices, unless otherwise agreed.
If the goods are subject to differential taxation in accordance with § 25a UStG, sales tax is not shown.
If there are additional shipping costs, this can be found in the product description.
3.2. If the delivery is made to non-EU countries, additional duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details before ordering from the respective institutions or authorities.
3.3. The customer can choose the payment methods that are available in the online shop.
3.4. When paying by "PayPal", the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply for this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5. When paying via "PayPal direct debit", PayPal collects the claim after issuing a SEPA direct debit mandate and after expiry of the period for prior information on behalf of the seller from the customer's bank account. Advance information is the seller's announcement to the customer that his account will be debited via SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be 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 without being entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.
3.6. When paying by "PayPal installment", the customer concludes an installment contract with PayPal. If PayPal allows payment via "PayPal installment payment", the customer has to pay the invoice amount to PayPal according to the conditions specified by PayPal, which are communicated to him in the PayPal payment portal
The Paypal Terms of Use apply, which you can find here:
[url] https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this type of payment.
3.7. When paying on account via "PayPal invoice", the payment is processed by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, therefore payments can only be made to PayPal with a debt-discharging effect.
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this type of payment.
Otherwise, the general terms of use for the use of purchase on account from PayPal apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4. Delivery and shipping conditions
4.1. The delivery of goods on the dispatch route takes place to the delivery address specified by the customer. Deviating from this, when paying by PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2. If the seller incurs additional costs due to the specification of a wrong delivery address or a wrong addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has adequately announced the service beforehand. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. Here it remains with the legal regulation or the regulation made by the seller.
4.3. Pickup is not offered.
4.4. Vouchers are given to the customer in the following form:
- by email
- by download
- by post
5. Right of withdrawal
5.1. If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2. The seller's cancellation policy applies to the right of cancellation.
5.3. Consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract have no right of withdrawal.
6. Retention of title
If the seller makes an advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects
7.1. With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these terms and conditions.
- In the case of used goods, the warranty period is one year from delivery of the goods, in deviation from the statutory regulation. The shortened one-year warranty period does not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- culpably caused damage to the seller from injury to life, limb or health and in the case of grossly negligent or willful damage and
for other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user
- in the event that the seller has fraudulently concealed the defect and in the event of claims according to §§ 478, 479 BGB.
7.2. The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to comply has no effect on the customer's statutory or contractual claims for defects.
8. Redeeming gift certificates
8.1. Vouchers that have been purchased through the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.
8.2. Gift vouchers and remaining balance of gift vouchers can be redeemed up to the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer's voucher account until the expiry date.
8.3. Gift vouchers can only be redeemed before completing the order process. A subsequent redemption does not take place.
8.4. Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.
8.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.
8.6. If the value of a gift voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
8.7. Credit on gift vouchers will not be paid out and no interest will be charged.
8.8. Gift vouchers are generally transferable.
The seller can deliver with a discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of any non-authorization, legal incapacity or lack of authorization of the respective owner.
9. Redemption of campaign vouchers
9.1. Vouchers that the seller gives free of charge as part of (advertising) campaigns with a certain period of validity and that the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
9.2. Promotion vouchers can only be redeemed by consumers.
9.3. Individual products can be excluded from the voucher campaign.
The specific restrictions can be found on the campaign voucher.
9.4. Promotion vouchers can only be redeemed before completing the order process. There is no subsequent billing.
9.5. Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.
9.6. The value of the goods in each order must at least equal the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
9.7. If the value of a campaign voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.8. The credit of a campaign voucher is neither paid out nor interest.
9.9. The campaign voucher will also not be reimbursed if the customer returns the goods paid for in full or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.10. The campaign voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material entitlement of the respective voucher holder.
10. Applicable Law
10.1. The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
10.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time of the conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
11. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if this contract or claims from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to call the court at the customer's registered office.
12. Information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but we are generally ready to do so.