General Terms and Conditions of Waveguard GmbH
- Identity of the seller
Telephone: +49 3591 5947543
The European Commission provides a platform for out-of-court online dispute resolution, accessible at https://ec.europa.eu/consumers/odr/.
We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.
- Basic provisions
2.1 The following General Terms and Conditions shall apply to all contracts that you enter into with Waveguard GmbH as provider through the website www.waveguard.com. Unless otherwise agreed, we object to the inclusion of your own terms and conditions that you possibly use; these shall become a part of the contract only if Waveguard GmbH has expressly consented to them.
2.2 A consumer within the meaning of the following regulations shall be each natural person that enters into a legal transaction for purposes that are largely attributable to neither the person’s commercial nor freelance professional activities. A business person shall be each natural or legal person or a partnership with legal capacity that acts in pursuance of his/her/their independent professional or commercial activities when entering into a legal transaction. In relation to business persons, these General Terms and Conditions shall also apply to future business relationships without us being required to make parties aware of them again.
- Quality criteria
3.1 We have subjected to the “Trusted Shops Quality Criteria” that may be retrieved from https://www.trustedshops.com/tsdocument/%20TS_QUALITY_CRITERIA_en.pdf.
3.2 The essential features of the goods and/or services are indicated in the description of the relevant item and the supplementary information on our website.
- Conclusion of the contract
4.1 The subject matter of the contract shall be the sale of goods. The contractual partner of the purchase contract shall be Waveguard GmbH.
4.2 By means of including the relevant product in the online shop on our website, we submit to you a binding offer to enter into a purchase contract at the terms and conditions indicated in the description of the relevant item.
4.3 If you purchase a product through the online shop, the purchase contract is concluded as follows:
The goods intended to purchase shall be placed in the shopping cart. This is initially non-binding for you and you may adjust the information entered at any time before submitting your binding order by using the means for adjustments provided and described for that purpose during the order process. By means of the corresponding button in the navigation bar, you may view the shopping cart and make adjustments there at any time. When you have accessed the checkout page and have entered the individual data as well as the payment and shipping data, all data will eventually be displayed again on the order summary page.
If you use a system that allows you to make immediate payments (e.g. PayPal / PayPal Express / PayPal Plus), in our online shop you will either be directed directly to the order summary page or first to the website of the immediate payments provider. If you are directed to the relevant immediate payments system, please make the corresponding selection or enter your data are there. Subsequently, you will be redirected to our online shop and to the order summary page.
You may review and adjust again all the details there before submitting the order to us (also by using the “Back” button of your internet browser) or cancel the purchase. When you submit the order by clicking on the “Buy” button, you shall declare in a legally binding manner that you accept our offer to enter into a purchase contract regarding the goods contained in the shopping cart, and the purchase contract is concluded. Immediately after submitting the order, you shall receive a confirmation by email.
4.4 The following payment methods are available to you in our online shop:
Advance payment: If you select the “advance payment” payment method, we will submit to you our bank details and a pro forma invoice as order confirmation in a separate e-mail and will deliver the goods after having received the payment.
PayPal Plus: Within the scope of the payment service PayPal Plus, we provide to you several payment methods as PayPal services. You will be directed to the website of the payment services provider. You may indicate your payment data there and confirm the usage of your data by PayPal as well as the payment order vis-à-vis PayPal. If you have selected the PayPal payment method, you must be registered there or register first and prove your identity by means of your access data in order to be able to pay the invoice amount. PayPal will perform the payment transaction immediately after the confirmation of the payment order. You will receive further information during the order process.
Credit card: If you select the “credit card” payment method, there is no need for you to be registered with PayPal in order to pay the invoice amount. The payment transaction will be performed by your credit card company upon the request by PayPal immediately after the confirmation of the payment order and after you have proven your identity as legitimate cardholder and your card will be debited. You will receive further information during the order process.
Direct debit: If you select the “direct debit” payment method, there is no need for you to be registered with PayPal in order to pay the invoice amount. When you confirm the payment order, you grant a direct debit mandate to PayPal. PayPal will inform you of the date at which your account will be debited (prenotification). PayPal will submit the direct debit mandate to their bank immediately after the confirmation of the payment order and thereby instruct their bank to initiate the payment transaction. The payment transaction will be performed and your account will be debited. You will receive further information during the order process.
Instalment payment by PayPal: Currently, the “Instalment payment by PayPal” payment method is only available to private customers with an account in Germany. If you select the “Instalment payment by PayPal” payment method, you enter into an agreement with PayPal governing the instalment payment. You will receive further information regarding the PayPal instalment payment during the order process.
4.5 Your enquiries regarding the preparation of a quotation shall be non-binding for you. We will submit to you a binding quotation in textual form (e.g. by email) that you may accept within 5 days.
4.6 The order will be handled and all information required in connection with the conclusion of the contract will be submitted by e-mail and partly in an automated manner. For that reason, you need to ensure that the e-mail address that you have provided to us is correct as well as the receipt of the e-mails is technically ensured and is particularly not prevented by SPAM filters.
4.7 The languages available for the conclusion of the contracts are German and English.
4.8 We store the texts of the contracts and provide you the order data and our General Terms and Conditions by e‑mail. Prior to submitting the order through the online shop, you may print the contract data by using the print function of the browser or save this data electronically. When we have received the order, we will send the order data, the information required by law for distance selling contracts [Fernabsatzverträge], and the General Terms and Conditions once more to you by e-mail.
4.9 If you submit to us enquiries regarding offers and do not use the online shop, all contract data shall be sent to you by email within the scope of a binding quotation, which you may print or save electronically.
- Prices and payment terms
5.1 The prices and shipping costs indicated in the respective orders shall be total prices. These prices include all price components, but not automatically all accruing taxes (in particular in the case of third countries).
5.2 The shipping costs accruing shall not be included in the purchase price. You may view these costs after clicking a button, which is marked accordingly, on our website or in the relevant description of the item; these costs will be indicated separately during the order process and shall be additionally borne by you, unless free-of-charge shipping has been agreed upon.
5.3 The payment methods available to you will be displayed after clicking a button, which is marked accordingly, on our website or in the relevant description of the item.
5.4 Unless otherwise indicated for the individual payment methods, the amounts payable within the scope of any concluded contract shall be due immediately.
- Delivery terms
6.1 You may view the delivery terms, the delivery date, and any possible restrictions for the delivery after clicking a button, which is marked accordingly, on our website or in the relevant description of the item.
6.2 If you are a consumer, it is stipulated by law that the risk of the accidental destruction and the accidental deterioration of the purchase item passes to you during the shipping not before the goods have been handed over to you, irrespective of the fact whether the shipping has been insured or not. This shall not apply if you have independently retained a transport company not indicated by us or another person instructed to carry out the shipping. If you are a business person, the delivery and shipping shall be carried out at your own risk.
6.3 In principle, you may collect the purchase items at Waveguard GmbH, Bahnhofstraße 16, 02625 Bautzen, Germany, during the following business hours: 9.30 am to 5.00 pm, except on holidays. Please inform us at least two working days before you collect the items, so that we may bring them from our warehouse and set them aside. At our company, you may pay in cash, but also by means of your EC card and PIN.
- Right of retention, reservation of title
7.1 You shall only be permitted to exercise a right of retention if claims that arise from the same contractual relationship are concerned.
7.2 The goods shall remain in our ownership until the complete payment of the purchase price. For business persons, the following shall additionally apply:
- We shall reserve the title to the goods until all claims arising from the current contractual relationship have been completely satisfied. Before the title to the goods, which are subject to a reservation of title, passes to the purchaser, it shall not be permitted to pledge them or to transfer the title to them by way of security.
- You shall be permitted to resell the goods, which are subject to a reservation of title, in the orderly course of business. In this case, you shall be deemed to have already assigned to us all receivables arising from this resale (irrespective of any combination or mixing of the goods, which are subject to a reservation of title, with a new item) that you are entitled to as a result of the resale in the amount of the invoice amount, and we shall be deemed to have accepted the assignment. You shall remain entitled to collect the outstanding amounts. If you do not duly meet your payment obligations, we shall also be permitted to collect the outstanding amounts.
- In the case of the combination or mixing of the goods, which are subject to a reservation of title, we shall acquire co-ownership in the new item at the ratio of the invoice value of the goods, which are subject to a reservation of title, to the value of the other processed items at the time of the processing.
- We shall undertake to release the securities that we are entitled to upon your request to the extent that the realisable value of our securities exceeds the receivables to be secured by more than 10%. We shall be permitted to select the securities to be released.
8.1 Unless expressly agreed otherwise, the statutory warranty provisions shall apply. For consumers and in the case of movable items, the limitation period for claims based on defects shall be 2 years from the delivery of the goods.
8.2 If you are a business person, deviating from item 8.1, the following shall apply:
- Our own information and the product descriptions of the manufacturer included in the contract shall be exclusively deemed to be agreed upon as condition of the goods, but not any other promotion, public advertisement or statement by the manufacturer.
- You shall be obliged to examine the goods without delay and while applying due diligence for differences in quality and quantity and to notify us in writing of obvious defects within 7 days from the receipt of the goods. Sending the notification in due time shall be sufficient for complying with the aforementioned period. This shall apply with the necessary modifications to any hidden defects that are detected at a later date, whereby time of the detection shall be authoritative. If this obligation to examine and notify is being infringed, any assertion of warranty claims shall be excluded.
- In the case of defects, we shall fulfil all warranty obligations at our option by means of a subsequent improvement (removal of the defect) or the delivery of an item that is free of defects (replacement delivery). If the removal of defects fails, you shall be entitled to the options of claiming the reduction of the purchase price or rescinding the contract. The removal of the defect shall be deemed to have failed after a second attempt without the desired result, unless something else follows particularly from the type of the item or the defect or the other circumstances of the case. In the case of a subsequent improvement, we shall not bear the increased costs that are caused by the transfer of the goods to a location that is different from the place of performance, unless the transfer serves for the intended use of the goods
- For business persons, the limitation period regarding claims from defects shall be 1 year from the passing of the risk of accidental deterioration, destruction or loss; the statutory limitation periods for the right of recourse in accordance with Section 478 of the German Civil Code [Bürgerliches Gesetzbuch, BGB] shall remain unaffected.
The foregoing limitations and restrictions of limitation periods shall not apply to claims arising from any damage, which is attributable to us and which we have culpably caused, based on injury to life, body or health due to grossly negligent or intentional infringement of obligations, fraudulent intent or a right of recourse in accordance with Section 478 of the German Civil Code, any damage within the scope of a guarantee undertaking (if agreed) and if the German Product Liability Law [Produkthaftungsgesetz, ProdHaftG] is applicable.
8.3 You may find information on any possibly applicable additional guarantees and their specific terms and conditions with the product and on special information pages in the online shop.
8.4 Please do not hesitate to contact our customer service from Monday to Friday from 9.30 am to 5.00 pm by telephone (+49 3591 5947543) and by e-mail (firstname.lastname@example.org) if you have any queries, complaints, or reclamations.
- Liability for damages in transport
9.1 The following shall apply to consumers: You are asked to immediately examine the goods upon delivery for completeness, obvious errors, and damages in transport and to notify us and the forwarding agent of any complaints as soon as possible. If you fail to make a reclamation or to establish contact, this does not affect your statutory claims and their enforcement, and in particular not your warranty rights. However, in this way you help us to be able to assert our own claims vis-à-vis the carrier or the transport insurance.
9.2 The following shall apply to business persons: The risk of an accidental destruction or deterioration shall pass to you as soon as we have handed the item over to the forwarding agent, the carrier, or any other person or institution designated for carrying out the shipping. Among merchants, the obligation to examine and notify set out in Section 377 of the German Commercial Code [Handelsgesetzbuch, HGB] shall apply. If you fail to make the notification set out there, the goods shall be deemed to be approved, unless there is a defect that is unrecognisable during the examination. This shall not apply if you have fraudulently concealed a defect.
- Scope and limitation of liability
10.1 We shall be liable in each case without limitation for any damage arising from injury to life, body or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence if we have fraudulently concealed a defect, if we have assumed a guarantee for the condition of the purchase item, and in all other cases stipulated by law.
10.2 In cases of the infringement of non-essential contractual obligations, our liability (including our liability for our statutory representatives and performing agents) for slight negligence shall be limited to the foreseeable damage that is typical for such contracts. Essential contractual obligations shall be obligations that arise from the type of the contract and the infringement of which would jeopardise the achievement of the purpose of the contract as well as obligations the fulfilment of which enables the due performance of the contract in the first place and the compliance with which the contractual partner may usually rely on (cardinal obligations). In other respects, claims for damages shall be excluded.
10.3 In cases of infringements of essential contractual obligations, the liability for slightly negligent infringements of obligations shall be excluded.
10.4 At the current technology level, it may not be ensured that the data communication via the internet will be free of errors and/or available at any time. Insofar, we shall not be liable for the permanent or uninterrupted availability of this website and the services offered there.
- Choice of law, place of jurisdiction, place of performance
11.1 For consumers, German law shall apply; the UN Convention on Contracts for the International Sale of Goods shall be excluded. This choice of law shall only apply if the protection by the mandatory provisions of the law of the country in which the consumer has his/her habitual residence, is not declined (favourability principle).
11.2 If you are a business person, German law shall apply; the UN Convention on Contracts for the International Sale of Goods shall be excluded. If you are a merchant as defined by the German Commercial Code, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business.
11.3 The place of performance for all performances within the scope of the business relationships existing with us as well as the place of jurisdiction shall be our place of business, if you are a not consumer, but a merchant, a legal person under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the European Union or your place of residence or habitual residence at the time when an action is brought is unknown. The authority to also resort to a court at another statutory place of jurisdiction shall remain unaffected thereby.
Version of September 2019