General Terms And Conditions
General Terms and Conditions
1. scope of application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2 Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Weise Software GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
A minimum order value of EUR 1.19 incl. VAT and plus any applicable shipping costs applies to the order.
A minimum order quantity of 1 piece applies.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German.
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. subject matter of the contract
4.1 Product description
Reference is made to the validity of the respective product description as an integral part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colours are possible.
5. terms of delivery
Delivery options
We dispatch the products to the delivery address specified in the order process. You have the option of collecting the products from Weise Software GmbH,
Bamberger Str. 4 - 6, 01187 Dresden, Germany during the following business hours: 8.00 a.m. to 4.00 p.m.
We do not deliver to packing stations.
6. payment
6.1 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.
The following applies to entrepreneurs: In the event of late payment, we reserve the right to charge you statutory interest on arrears at a rate of nine percentage points above the base rate and a lump sum of 40 euros.
Further claims remain unaffected by this.
6.2 Payment methods
The following payment methods are available in our shop.
Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Cash payment on collection
You pay the invoice amount in cash on collection.
PayPal
In co-operation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. Further information can be found in the respective payment option and in the order process.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal.
You can find more information about this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are dispatched.
Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to offer purchase on account only after a successful credit check.
7. right of cancellation
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.
8. reservation of title
The product remains our property until full payment has been received.
For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
9. transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment.
10 Warranty and guarantees
10.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits 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 wilful or grossly negligent breach of duty and fraudulent intent in the event of breach of material contractual obligations, the fulfilment of which is the
- the proper fulfilment of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions vis-à-vis entrepreneurs
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note to merchants
The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed approved, unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
10.2 Warranties and customer 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 support hotline from Monday to Friday (except public holidays) from 8:00 am to 12:00 pm and 2:00 pm to 4:00 pm on 0351- 87321510 and by e-mail at info@weise-software.de
11. liability
We shall always be liable without limitation 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 wilful or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
12. data protection
For products for which Weise Software GmbH processes personal data on your behalf as a processor within the meaning of Art. 4 No. 7 GDPR, the order processing contract in accordance with Art. 28 GDPR of Weise Software GmbH is concluded upon conclusion of the contract in accordance with Section 2 of these GTC. The order processing contract is available at
http://www.weise-software.de/download/sonstiges/AV_Vertrag_Weise_Software.pdf
The relevant service description(s) for you in Annex 1 of the order processing contract shall apply, which are applicable to your products purchased from Weise Software GmbH.
You save this data processing agreement in order to fulfil your accountability obligation pursuant to Art. 5 (2) GDPR.
If and to the extent that you are unable to save the contract, please contact Weise Software GmbH.
13. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.
14. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
GTC created with the Trusted Shops legal text editor