General Terms and Conditions
1. Scope of application
These terms and conditions are valid for all your purchases at Wake-World / Sebastian Moskwa, as far as we do not use a deviating version of the terms and conditions at the time of the order. All deliveries, services and offers of Wake-World are exclusively based on these terms and conditions.
(2) Deviating, conflicting or supplementary general terms and conditions, even if known, will not become part of the contract, unless their validity is expressly agreed in writing.
2 Conclusion of the contract
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the button “Buy now” in the last step of the ordering process, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent together with the acceptance of the order immediately after sending by an automated e-mail. With this e-mail confirmation the purchase contract is concluded.
The contract language is German. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within two days.
3. Prices
Our prices are Euro prices and include the legal value added tax. Shipping costs are listed separately and depend on the size, weight and destination, for further information please see the shipping costs table.
4. Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must notify us, the
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
Wake-World / Sebastian Moskwa
Strohweg 10
46509 Xanten / Germany
phone: +49 (0)2801-4666
e-mail: info@wake-world.de
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you withdraw from this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment that you used for the original transaction for the repayment, unless expressly agreed otherwise with you; in no event will you be charged for this repayment. We may refuse a refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract,
You bear the direct costs of returning the goods.
You will only be liable for any loss of value of the goods if such loss of value is due to handling of the goods which is not necessary to examine their condition, properties and functioning.
Please note:
If the actual purchase value of EUR 100,- (this offer is only valid for Germany and Austria) should fall below the actual purchase value of EUR 100,- in the case of a return from a postage-free delivery due to the order value of EUR 100,-, we must charge the postage. The postage is then automatically deducted when the amount is credited or transferred.
End of the revocation instruction
Exclusion or premature expiration of the right of withdrawal
The right of withdrawal does not apply to contracts
for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
the supply of goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded;
the supply of newspapers, periodicals or magazines
The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery
for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after supply.
The following legal provisions on the right of revocation are deemed to have been agreed with customers from the respective countries (in deviation from the European right of revocation):
Right of revocation Switzerland:
The following legal provisions on the right of revocation are deemed to be agreed with customers from Switzerland (in deviation from the European right of revocation):
The revocation period is 14 working days, beginning with the receipt of the goods by the recipient. If a revocation is made, any services already rendered to the consumer must be reimbursed immediately. The consumer must bear the direct costs of returning the goods.
The return of the goods should be sent to the following address:
Wake-World / Sebastian Moskwa
Strohweg 10
46509 Xanten / Germany
phone: 02801-4666
e-mail: info@wake-world.de
For all products shown on our website, we provide concrete information on availability. Nevertheless, we must reserve the right to supply ourselves for items which we do not keep in stock. This reservation of self-delivery only applies if we have already purchased the respective article from our supplier at the time of a purchase contract with you. You will be informed immediately in case of delivery delays. In case of final non-availability, any advance payments already made will be refunded immediately.
We are not responsible for delays in delivery and performance due to force majeure and due to events which make the delivery considerably more difficult or impossible for us – this includes in particular strike, lockout, official orders etc., even if they occur at suppliers of wake-world or its sub-suppliers -, even in case of bindingly agreed periods and dates. In these cases we are entitled to postpone the delivery or service for the duration of the hindrance plus an appropriate start-up time.
Sample revocation form
If you wish to cancel the contract, please fill in this form and send it back to
Wake-Wold , Strohweg 10 , 46509 Xanten , Germany / E-Mail info@wake-world.de
Herewith I/we* revoke the contract concluded by me/us* about:
the purchase of the following goods*:
the provision of the following service*:
ordered on*/received on*:
name of the consumer(s):
address of the consumer(s):
Signature of the consumer(s) only in case of paper notification:
Date
6. transfer of risk
(1) If the customer is an entrepreneur, the risk is transferred to the customer as soon as the consignment has been handed over by us or by our supplier to the person carrying out the transport or has left the warehouse of Wake-World or the warehouse of Wake-World or the supplying distributor for the purpose of dispatch. If the dispatch becomes impossible without the fault of Wake-World, the risk is transferred to the customer with the notification of the readiness for dispatch.
(2) If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold goods, also in case of mail order purchases, is only transferred to the customer with the handover of the goods.
(3) It is the same as the handover if the buyer is in default of acceptance.
7. warranty
(1) If you are an entrepreneur, you must in any case inspect the goods or service immediately upon receipt. Complaints about obvious defects will only be recognised and are only admissible if they are made within one week of receipt of the goods and in writing. Hidden defects which cannot be found after the immediate inspection can only be claimed if the notice of defect is received within one year after the start of the statutory limitation period. If you are a consumer, you are entitled to the statutory warranty claims, provided that the following does not deviate from this.
(2) In the event of justified complaints, we shall be obliged to rectify the defect and/or make a replacement delivery at our discretion. However, in the event of delayed, omitted or unsuccessful repair or replacement delivery, you have the right to reduce the purchase price or to withdraw from the contract.
(3) All of the customer’s warranty rights expire at the latest one year after delivery of the contractual services, for consumers after two years.
8. reservation of title; offsetting; retention
The goods remain our property until full payment has been received.
9. maturity; payment
The payment can be made by PayPal, Amazon Pay, immediate bank transfer, advance payment by credit card. There is no possibility of discount deduction. We reserve the right to offer you only certain methods of payment for the requested delivery, for example, to hedge our credit risk, only those that correspond to the respective credit rating.
Payment by PayPal
You pay directly via your PayPal account. After submitting your order you will be forwarded to PayPal and release the order value there. As soon as our PayPal account has been informed about your authorisation, the shipment will take place – depending on the delivery time stated with the article. Your PayPal account will be charged with the actual invoice amount after deduction of any discounts, gift vouchers etc. immediately after authorisation.
Payment by credit card
You pay directly in the order process by entering your credit card details. When the goods are dispatched, your credit card will be charged with the actual invoice amount after deduction of any discounts, gift vouchers, etc. In the case of goods that are specially produced according to customer specifications or are clearly tailored to personal requirements, your credit card will be charged immediately with the actual invoice amount after deduction of any discounts, gift vouchers, etc.
Our prices are Euro prices and include the legal value added tax.
10. liability
(1) Wake-World is liable for damages of the user, which the Wake-World, its legal representatives, leading employees or vicarious agents have caused intentionally or grossly negligent.
(2) Independent of the degree of fault, the wake world is liable for damages which have arisen because the persons mentioned in paragraph 1 have violated an obligation which is essential for the achievement of the contract purpose (cardinal obligation) as well as in case of a fraudulent deception. In the same way, the wake-world is liable independent of the degree of fault, if the damage is based on a violation of a guarantee taken over by the wake-world or on a grossly negligent or intentional organisational fault or a possible liability of wake-world according to the product liability law exists.
(3) In other cases than those mentioned in paragraphs 1 and 2, the liability of the wake world is excluded – independent of the legal ground. From this exclusion of liability, claims for damages of the user from the injury of life, body or health, which are based on a breach of duty of the wake world or the group of people named in paragraph 1, remain unaffected.
(4) The claims for damages are, except in the cases mentioned in paragraphs 1 and 3, limited to the foreseeable, contract-typical damage. They amount to a maximum of 5% of the order value in case of delay.
(5) Claims for damages against Wake-World expire after 12 months since their emergence, unless they are based on an unauthorised or intentional act or one of the cases mentioned in paragraphs 1 to 3.
Illustrations of the products can differ in colour and design from the real articles. Wake-World assumes no responsibility and liability for deviating product illustrations.
11. data protection
12. information on alternative – dispute resolution
We are neither obliged nor willing to participate in dispute resolution procedures before a consumer dispute resolution body.
13. final provisions
(1) German law shall apply to the exclusion of the UN Sales Convention.
(2) If the customer is an entrepreneur, the place of jurisdiction for all disputes arising from the legal relationship is Xanten
(3) Should any provision of these GTC be or become invalid, the remaining part of the contract shall remain unaffected and effective. In this case, the parties hereby undertake to reach an agreement instead which comes closest to the invalid provision in economic terms.
Status: January 2020
