AGB

AGB of the company "Wachsmuth & Wachsmuth GbR", Managing Director Johannes Wachsmuth and Tania Wachsmuth, hereinafter referred to as "BEWUSST":

 

 

 

 

§ 1 Scope of application

 

(1) For all contracts with BEWUSST, the following terms and conditions shall apply exclusively. Deviating terms and conditions shall only become part of the contract if their validity has been expressly agreed in writing. 

(2) (no longer applicable)

 

 

 

 

§ 2 Offers, conclusion of contract, obligation to perform and deliver

 

(1) Offers on the websites as well as in the catalogue are always subject to change without notice unless a binding assurance is expressly given. Orders are only binding if they are expressly confirmed or if they are fulfilled by sending the goods.

 

(2) The contract shall come into existence when the customer places an order by completing and confirming the web order form and BEWUSST accepts the contractual offer contained in the order. The acceptance is declared within 3 weeks by an order confirmation in text form or by delivery of the goods to the customer.

 

(3) If the order is placed by a consumer, BEWUSST will store or keep the contract text and send the consumer a confirmation of the order together with these General Terms and Conditions by e-mail. The confirmation of receipt does not constitute a binding acceptance of the order, unless BEWUSST expressly declares so.

 

(4) The conclusion of the contract as well as the agreement of a delivery period shall be subject to the timely delivery to BEWUSST itself of a service equivalent in quality and price. If the possibility of delivery depends on delivery by an upstream supplier and if such delivery fails for reasons for which BEWUSST is not responsible, in particular due to the conclusion of a congruent hedging transaction, BEWUSST shall be entitled to withdraw from the contract. Subject to § 6, the customer is not entitled to claim damages for this reason.

 

(5) The same shall apply if due to force majeure or other events the delivery is significantly delayed, made more difficult or becomes impossible and BEWUSST is not responsible for this. Such events include in particular: Fire, flooding, industrial action, operational disturbances, strike and official orders which are not attributable to BEWUSST's operational risk. In the aforementioned cases, the customer will be informed immediately of the lack of delivery possibilities and any services already rendered will be reimbursed immediately.

 

(6) If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery or, in the case of sale to destination, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

 

(7) If the purchaser is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall not pass to the purchaser until the goods have been handed over, even in the case of a sale to destination.

 

(8) It shall be equivalent to handover if the seller is in default of acceptance.

 

(9) (no longer applicable)

 

 

 

 

§ 3 Prices and terms of payment

 

(1) The list prices at the time of the order are valid, as they were shown on the internet pages or in the catalogue.

 

(2) The prices are quoted ex works BEWUSST including value added tax without costs for packaging and shipping.

 

(3) Packaging and shipping (shipping costs) is free of charge worldwide. In addition, other ancillary costs may arise due to other, in particular foreign, legal regulations, for the calculation and payment of which Conscious is not responsible.

 

(4) You can pay by credit and debit card, advance payment or PayPal. If you pay by PayPal, your account will be debited at the time of order completion.

 

§ Section 4 Prohibition of set-off and rights of retention

 

(1) The customer is not entitled to set off his own claims against BEWUSST's payment claims, unless the customer's claims are undisputed or have been finally and conclusively established.

 

(2) The customer shall not be entitled to assert BEWUSST's payment claims against BEWUSST's rights of retention - including rights arising from notices of defects - unless they result from the same contractual relationship.

 

§ 5 Warranty 

 

(1) The warranty is limited to replacement delivery or rectification of defects to entrepreneurs at BEWUSST's discretion in the event of complaints about defects. Consumers have the choice of whether the subsequent performance is to take the form of rectification or replacement delivery. In the event of a replacement delivery, the consumer is only entitled to return the defective goods after prior consultation with BEWUSST.

 

(2) If the supplementary performance fails, the customer can either demand a reduction of the purchase price or cancellation of the contract. Claims for damages may only be asserted in accordance with § 6.

 

(3) Entrepreneurs shall be obliged to notify obvious defects in writing within a period of one week from receipt of the goods.

 

(4) If the complaint was unjustified and the article was free of defects, BEWUSST is entitled to charge the customer shipping and inspection costs in the amount of 40 EUR. The customer has the right to prove a lower expenditure, BEWUSST the right to prove a higher expenditure. In addition, in this case the customer has to pay the shipping costs.

 

(5) The customer does not receive guarantees in the legal sense by BEWUSST. Manufacturer warranties remain unaffected.

 

§ 6 Limitation of liability

 

(1) Claims of the customer for damages are excluded in the case of slightly negligent breach of duty towards an entrepreneur. The liability towards a consumer is limited to the foreseeable, contract-typical, direct average damage. This also applies to slightly negligent breach of duty by BEWUSST's vicarious agents.

 

(2) The above limitation of liability does not apply to claims due to physical injury or damage to health or loss of life of the customer. Further claims based on statutory provisions, in particular claims based on fraudulent concealment of defects, assumption of a guarantee or product liability, shall also remain unaffected.

 

(3) The warranty period for consumers is two years from delivery of the goods. The warranty period for entrepreneurs is one year from delivery. This does not apply if and when gross negligence can be accused and in the case of BEWUSST attributable bodily harm and damage to health, loss of life of the customer or if a shortening of the warranty period due to other statutory provisions, in particular under the Product Liability Act, is excluded.

 

§ 7 Notifications 

 

(1) Insofar as the contracting parties communicate by electronic mail (e-mail), they acknowledge the unlimited effectiveness of the declarations of intent transmitted in this way in accordance with the following provisions:

 

(2) In the e-mail, the usual information may not be suppressed or circumvented by anonymisation; i.e. it must contain the name and e-mail address of the sender, the time of sending (date and time) and a reproduction of the name of the sender as the conclusion of the message. An e-mail received within the scope of this provision shall be deemed to originate from the other partner subject to proof to the contrary.

 

(3) Confidentiality is not guaranteed for data transmitted unencrypted on the Internet.

 

§ 8 Right of revocation

 

Note: The following right of withdrawal exists only if you are a consumer in the sense of §13 BGB. The following right of revocation does not apply to orders of goods from the HANF NACH MAß collections, as they are manufactured according to customer specifications or custom-made for the customer. These goods are marked "individual" in the shopping basket. 

 

Right of withdrawal:

 

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods. 

In order to exercise your right of revocation, you must

 

Wachsmuth & Wachsmuth GbR

Managing directors: Johannes Wachsmuth and Tatiana Wachsmuth

Gesundbrunnenstr. 19

16259 Bad Freienwalde

Germany

 

Phone: +49 (0)176 - 80 75 8281

E-mail: mail@bewusst-wear.com

 

inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. 

 

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation:

 

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.

 

We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.

 

You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

 

You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

 

§ 9 General provisions 

 

(1) With regard to all legal relationships arising from this contractual relationship, both present and future after fulfilment of the contract, the contracting parties agree to apply German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

(2) (no longer applicable)

 

(3) The place of jurisdiction shall be agreed solely at the competent court for the place of performance if the customer is a merchant, legal entity under public law or special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany.

 

(4) Should individual provisions of these GTC be or become null and void, the remaining provisions shall remain effective.

 

(5) The contract language is German.

 

§ 10 Alternative Dispute Resolution 

 

(1) The European Commission has set up an online dispute settlement platform (ODR platform) for all contracts concluded via the Internet by consumers of an EU Member State with a company established in the EU.

 

(2)                                                           

The ODR platform can be found at http://ec.europa.eu/consumers/odr 

 

(3) In the case of disputes arising from an online purchase or service contract in which consumers are involved, consumers can use this ODR platform to find a dispute settlement office that deals with their concerns. The use of this website, operated by the European Commission, is free of charge. 

 

(4) BEWUSST is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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