TERMS OF SALE
1. SCOPE
Wahl GmbH, Villinger Straße 4, 78112 St. Georgen, Germany, telephone: +49 7725 4940 -0, telefax: +49 7725 4940 -145, email: info@wahlgmbh.com (“Wahl”) distributes the products marketed in the online shop (“Online Shop”) according to the following general terms and conditions (“Terms of Sale”). Any terms and conditions of you shall not apply even if Wahl has not rejected them expressly.
2. RIGHT OF WITHDRAWAL
If you are a consumer, you are entitled to withdraw from the contract without giving reason in accordance with the following:
- If you purchased one product which are delivered in one shipment, the instructions on the right of withdrawal in Section 1 of the Annex “Information on the right of withdrawal” apply.
- If you purchased several products which are delivered in partial shipments, the instructions on the right of withdrawal in Section 2 of the Annex “Information on the right of withdrawal” apply.
If you need to cancel an order and return the goods, please make reference to our Order Cancellation and Returns page
3. CUSTOMER ACCOUNT
You may also set up a customer account (see Terms of Use). Such customer account enables you to log in with your login data at a later point in time and to change your preferences. In case you log in with your login data in connection with future orders, you do not have to provide the shipping information again.
4. CONCLUSION OF CONTRACT AND INFORMATION ON THE ORDERING PROCESS
4.1 The display of goods in our Online Shop does not constitute an offer for the conclusion of a purchase contract. By ticking the order button in the order summary you submit your order and, thus, a legally binding offer. Before you complete your order, all products selected by you will be displayed in an order summary for your examination. You may then identify and correct input errors, if any, prior to making your binding order, by returning on the previous page or by clicking on the designated button on the summary page. We will confirm receipt of your order without undue delay by email. Wahl GmbH reserves the right to accept or deny your offer. The contract is concluded when Wahl GmbH sends a confirmation of the purchase contract by email or by shipping the relevant product to you.
4.2 The contract can be concluded in German language. The contract terms will be stored by Wahl GmbH after conclusion of the contract but are no longer accessible to you. However, the confirmation of the purchase contract sent by Wahl GmbH sets out the contents of the contract; we therefore recommend that you keep it for future reference. In addition, the Terms of Sale remain accessible in the Online Shop.
5. DELIVERY
5.1 Delivery periods and delivery deadlines are provided in the course of the ordering process.
5.2 Different delivery periods may apply if you order several products.
For furhter information, please maker reference to our Shipping Policy page.
6. PRICES AND PAYMENT TERMS
6.1 The purchase prices of the products are determined by the price tags in the Online Shop at the time of the order. All prices are provided in Euro and include the applicable VAT. The shipping and packaging costs will be separately displayed.
6.2 Payments may only be made by credit card (VISA or MasterCard), SEPA Direct Debit, Maestro card or PayPal.
6.3 The purchase price shall be due immediately upon conclusion of the purchase contract. The shipment of the products shall be made after receipt of the payment. In case of payment by credit card, your credit card will be charged at the time your order is accepted by Wahl GmbH.
7. RETENTION OF TITLE
7.1 The products shall remain the property of Wahl GmbH until the prices for the deliverables have been fully paid.
7.2 You are obliged to treat the products carefully as long as they are subject to the retention of title.
8. YOUR RIGHTS IN CASE OF DEFECTS
8.1 In case of the defects you have the statutory warranty rights.
9. LIABILITY AND CLAIMS FOR DAMAGES
9.1 Wahl GmbH’s liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:
- Wahl GmbH shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
- Wahl GmbH shall not be liable due to a slightly negligent breach of any other duty of care applicable.
9.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent Wahl GmbH has assumed a specific guarantee.
9.3 Sections 9.1 und 9.2 shall apply accordingly to Wahl GmbH’s liability for futile expenses.
9.4 You shall be obliged to take adequate measures to avert and reduce damages.
10. CUSTOMER SERVICE AND SETTLEMENT OF DISPUTES
10.1 You may contact our customer service in case of questions, returns or complaints by using the forms in the dedicated pages or by email under service.europe@wahl-emea.com.
10.2 The European Commission provides a platform for online dispute resolution (OS Platform), which can be accessed at www.ec.europa.eu/consumers/odr. However, Wahl GmbH is not willing or obliged to take part in dispute resolution procedures before a consumer conciliation body.
11. MISCELLANEOUS
1.1 The laws of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), and with the exception of mandatory consumer protection laws of the jurisdiction of your usual place of residence.
1.2 If you are a merchant, legal person under public law, or special assets (Sondervermögen) under public law, Munich, Germany shall be exclusive venue for any disputes arising from or in connection with this contract.
1.3 Should any of the provisions of these Terms of Sale be or become invalid in whole or in part, this shall not affect the remainder of the contract concluded with you.
ANNEX "INFORMATION ON THE STATUTORY RIGHT OF WITHDRAWAL"
SECTION 1
If you have purchased one product or several products, which are delivered in one shipment, the following instruction on the right of withdrawal shall apply:
Information on the right of withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement. You may use the the form in our Order Cancellation page or you can write an email to our Customer Service at service.europe@wahl-emea.com. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. |
SECTION 2
If you have purchased several products, which are delivered in partial shipments, the following instruction on the right of withdrawal shall apply:
Information on the right of withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement. You may use the the form in our Order Cancellation page or you can write an email to our Customer Service at service.europe@wahl-emea.com. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. |