General Terms and Conditions and Customer Information
1 Definition
1.1 The waschies brand is distributed by waschies GmbH. The General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded between waschies GmbH and customers under the domain www.waschies.com.
1.2 waschies GmbH does not accept any deviating, additional or contradictory GTC of the customer, so that they are not included in the contract.
2 Subject of the contract
2.1 The subject matter of the contract between waschies GmbH and the customer is the delivery of waschies by waschies GmbH and on the part of the customer the payment of the purchase price.
3 Delivery / Prices / Shipping costs
3.1 Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.
3.2 The goods remain our property until full payment of the purchase price.
3.3 We deliver within the UK. Delivery will be made within 3-5 days of receipt of your order, unless otherwise agreed or a different delivery time is stated in the item description.
All prices are total prices in pounds, i.e. they include all price components as well as the statutory value added tax.
In addition to the indicated prices, we charge the shipping costs indicated in the following list per order:
UK £3,60.
4 Conclusion of contract / Contract language / Correction of input errors
The presentation of the articles does not constitute a legally binding offer, but an invitation to you to submit a binding offer to us. You can make this offer by telephone, letter, fax, e-mail or in the online shop by placing the desired items in the virtual shopping basket and sending the order to us with the items placed in the shopping basket (click on the “Buy” button). After receipt of your order in the online shop, you will automatically receive an e-mail documenting your submitted offer (order). This e-mail merely confirms that we have received your order; it does not constitute a contract. An effective contract is only concluded when we accept your offer by requesting payment after you have placed your order, by confirming your order by e-mail or telephone or by delivering the goods.
The contract is concluded exclusively in English.
You can correct input errors before submitting your order using the technical means provided in the online shop as well as the usual functions of your keyboard/mouse. You can also cancel the process at any time by closing the browser window. By clicking the “Buy” button, you have made a binding order (offer); input errors cannot be corrected thereafter.
5 Terms of Payment
You have the choice between the following payment methods: bank transfer and PayPal (payment via credit card is possible via PayPal).
5.1 Instant bank transfer
Our bank details
VR Bank Oberfranken Mitte
IBAN-Nr.: DE10 7719 0000 0001 0306 47
BIC-Code: GENODEF1KU1
5.2.PayPal
You pay directly via your PayPal account. After sending your order you will be redirected to PayPal and pay by releasing the order value there.
5.3 Retention of title
The delivered goods remain the property of waschies GmbH until payment has been made in full.
5.4 If you fall into arrears with a payment, you are obliged to pay the statutory interest on arrears at a rate of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the occurrence of the default, unless a lower or higher damage is proven in the individual case.
6 Trial Purchase
6.1 You buy from us on trial, i.e. you can return the delivered goods without giving reasons within a period of 14 days from receipt of the goods (approval period). The purchase contract becomes effective upon receipt of the goods by your approval. If you do not return the goods within the approval period or inform us otherwise, the approval shall be deemed to have been given. After your approval, you also have the following right of withdrawal.
7 Damages in Transit
7.1 If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery agent and contact us as soon as possible.
7.2 Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8 Warranty
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
If you are a consumer within the meaning of § 13 of the German Civil Code (BGB), the limitation period for warranty claims for used goods is – in deviation from the statutory provisions – one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
9 Revocation instruction
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. However, the period does not begin until the purchase contract has become binding on you through your approval of the purchased goods. In order to exercise your right of withdrawal, you must inform us (by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, except for the delivery costs, without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the costs of returning the goods yourself. 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 for checking the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal
Pursuant to Section 312g (2) No. 3 of the German Civil Code (BGB), the right of revocation does not apply to 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.
10 Storage of your data & Newsletter distribution
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. However, the period does not begin until the purchase contract has become binding on you through your approval of the purchased goods. In order to exercise your right of withdrawal, you must inform us (by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, except for the delivery costs, without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the costs of returning the goods yourself. 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 for checking the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal
Pursuant to Section 312g (2) No. 3 of the German Civil Code (BGB), the right of revocation does not apply to contracts for the delivery of sealed goods that are not suitable for returning for reasons of health protection or hygiene if their seal has been removed after delivery.
11 Liability
11.1 Unlimited liability:
Wir haften unbeschränkt für Vorsatz und grobe Fahrlässigkeit sowie nach Maßgabe des Produkthaftungsgesetzes. Für leichte Fahrlässigkeit haften wir bei Schäden aus der Verletzung des Lebens, des Körpers und der Gesundheit von Personen.
11.2 In all other respects, the following limited liability applies:
In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
12 Applicable Law
The law of the Federal Republic of Germany shall apply.
13 Complaints/dispute resolution
In accordance with EU Regulation No. 524/2013 and based on EU Directive 2013/11, we are obliged as an online provider to refer our customers to the European Commission’s online dispute resolution platform (OS). The OS platform can be accessed via the following internet address: http://ec.europa.eu/consumers/odr/. With this platform, consumers have the possibility to settle online and out-of-court any disputes arising from the online purchase contract between them and our company. In this context, we are legally obliged to inform you of our e-mail address. This is: info@waschies.de
We will endeavour to resolve any disagreements arising from our contract amicably. If we are unable to reach an agreement, we will be happy to conduct a conciliation procedure free of charge for the customer before the following recognised consumer conciliation body:
General Consumer Conciliation Board of the Centre for Conciliation e.V.
Strassburger Street 8
77694 Kehl on the Rhine
Telephone: 07851 / 795 79 40
Fax: 07851 / 795 79 41
Internet: www.verbraucher-schlichter.de
E-mail: mail@verbraucher-schlichter.de
This arbitration board is a “general consumer arbitration board” according to § 4 paragraph 2 sentence 2 VSBG.
If no agreement is reached there, the customer has the right to take legal action.
14 Privacy
You can find detailed information on the subject of privacy in our privacy policy.
15 Final clause
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).