§ 1 validity, definitions of terms
(1) WISY AG, Haustechniksysteme, Filtertechnik, Oberdorfstrasse 26, 63699 Kefenrod-Hitzkirchen, Germany (hereinafter referred to as “we” or “Wisy AG – Onlineshop”) operates an online portal at https://shop.wisy.de an online shop for goods. The following terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” for the purposes of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. “Entrepreneur” means a natural or legal person or partnership able to conduct a legal transaction in pursuit of its commercial or independent professional activity, whereby a legal partnership is a partnership possessing the ability to acquire rights and liabilities ,
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following provisions regarding the conclusion of the contract apply to orders via our online shop at https://shop.wisy.de.
(2) Our product presentations on the Internet are not binding and do not constitute a binding offer to conclude a contract.
(3) The following rules apply to the receipt of an order in our online shop: The customer makes a binding contract offer by successfully passing through the order procedure provided for in our online shop. The order is made in the following steps:
- Selection of the desired product,
- Adding the products by clicking on the corresponding button (for example, “Add to cart”, “To shopping bag” or similar),
- Checking the details in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (eg “Continue to checkout”, “Continue to pay”, “To order overview” or similar),
- Input / verification of address and contact details, choice of payment method, confirmation of terms and conditions and cancellation policy,
- Completion of the order by pressing the button “buy now”. This represents your binding order.
- The contract is concluded by sending us an order confirmation from us within three working days to the specified e-mail address.
(4) In the case of the conclusion of the contract with WISY AG, Haustechniksysteme, Filtertechnik, Oberdorfstraße 26, 63699 Kefenrod-Hitzkirchen, Germany come about.
(5) Before ordering, the contract data can be printed or electronically saved via the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, takes place via e-mail after the order has been triggered by you, partly automated. We do not save the contract after conclusion of contract.
(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (for example »back button« of the browser). You can also correct this by canceling the order process early, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Subject of the contract and essential characteristics of the products
(1) The subject of our online shop is:
The sale of goods. The concrete goods offered can be found on our article pages.
(2) The main features of the goods can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions specified in the product description or otherwise resulting from the circumstances, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resale or sublicense.
§ 4 prices, shipping and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before the delivery of the product (advance payment), unless we explicitly offer the purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment entitlements are due for immediate payment.
(3) For a purchase on account, the minimum order value is 0 € for this payment method.
(4) In addition to the prices quoted, shipping costs may apply for the delivery of products, unless the respective article is shown as free of charge. The shipping costs are clearly communicated to you on the offers, if applicable in the shopping cart system and on the order summary.
(5) All products offered are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: 5 working days after receipt of payment or after receipt of the order for a purchase on account).
(6) The following delivery area restrictions apply: Delivery takes place in the following countries: Germany.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We are liable for slight negligence in the event of injury to life, limb, health or breach of a contractual obligation without limitation. If we are in default due to slight negligence, if the performance has become impossible or if we have violated a contractual obligation, the liability for damage to property and pecuniary loss attributable thereto is limited to the contractually foreseeable damage. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which you may regularly rely. In particular, this includes our obligation to act and the fulfillment of the contractually owed performance, which is described in § 3.
§ 8 Contract language
As contract language German will be available exclusively.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) The warranty period for delivered goods is 12 months for entrepreneurs.
(3) As a consumer, you are requested to check the item / digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this of course has no effect on your statutory warranty claims.
§ 10 Final Provisions
(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favorable principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.