General terms and conditions
General terms and conditions with customer information
table of contents
- scope of application
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- reservation of ownership
- Liability for defects (warranty)
- Special conditions for repair services
- Applicable law
- Alternative dispute resolution
1) scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Stanislav Kahn, acting as "Wizzard Scooters" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590 If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he shall also issue a payment order to Amazon by clicking on the button completing the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button completing the order process.
2.6 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer's order. The seller shall not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.7 Prior to binding submission of the order via the online order form of the Seller, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 The order processing and establishment of contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller's revocation instructions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the online shop of the seller.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 If the payment method " SOFORT " is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount " SOFORT ", the customer must have an online banking account activated for participation in " SOFORT ", legitimize himself accordingly during the payment process and confirm the payment instruction to " SOFORT ". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up further information on the " SOFORT " method of payment on the Internet at https://www.klarna.com/sofort/
5) Terms of delivery and shipment
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller's revocation policy shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
6) reservation of ownership
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this applies to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects which occur within one year of delivery of the goods can be asserted within the statutory period of limitation. However, the reduction of the liability period to one year shall not apply to the following cases
- for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
- for claims for damages and reimbursement of expenses on the part of the customer, and
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual warranty claims.
8) Special conditions for repair services
If, according to the contents of the contract, the seller owes the repair of an item belonging to the customer, the following shall apply:
8.1 Repair services shall be performed at the seller's place of business.
8.2 The Seller shall provide his services at his discretion either in his own person or by qualified personnel selected by him. The Seller may also make use of the services of third parties (subcontractors) acting on the Seller's behalf. Unless otherwise stated in the seller's description of services, the customer is not entitled to the selection of a specific person to carry out the desired service.
8.3 The customer shall provide the seller with all information required for the repair of the item, provided that the procurement of such information does not fall within the seller's obligations under the terms of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances which may be the cause of the defect found.
8.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's registered office at his own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the goods in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.
8.5 The return of the goods takes place at the expense of the customer. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller shall take out transport insurance for the item.
8.6 The aforementioned regulations do not restrict the customer's statutory rights in the event of defects in the purchase of goods from the seller.
8.7 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
9) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation body.