General Terms and Conditions and Customer Information
I. General Terms and Conditions (GTC)
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Christian Schröder) via the website cwhatc.com. The inclusion of your own terms and conditions that you use is hereby excluded, unless otherwise agreed.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or similar designation) and entering the personal data and the payment and shipping terms, the order data is finally displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will be redirected either to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. On the website of the instant payment system provider or after you have been redirected back to our online store, the order data will finally be displayed to you as an order overview.
Before sending the order, you have the possibility to check the information in the order overview again, to change it (also via the "Back" function of the Internet browser) or to cancel the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare the legally binding acceptance of the offer,
whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract shall take place by e-mail, in part automatically. You must therefore ensure that the e-mail address you provide is accurate, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications regarding any file formats shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims of third parties asserted in this context. This shall also apply to the costs of any legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect assume no liability for errors.
§ 4 Special agreements on the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout".
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly marked button on our Internet presence as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon receipt for completeness, obvious defects and transport damage and to notify us and the transport company of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. identity of the seller
Christian Schröder
Brühlstrasse 8a
76689 Karlsdorf
Germany
Phone: +1 (346) 651 6506
E-mail: cschroeder228844@gmail.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which you can find at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the regulations "Conclusion of Contract" of our General Terms and Conditions (Part I.).
3 Contract Language, Contract Text Storage
3.1 The contract language is English.
3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail.
4. essential characteristics of the goods or services
The essential characteristics of the goods and / or services, please refer to the respective offer.
5. prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3 Any costs incurred for the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.5 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. legal liability for defects
The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund specializing in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.