General Terms and Conditions
Wiesbaden Marketing GmbH
Telephone: +49(0)611 - 1729 930
Telefax: +49(0)611 - 1729 799
Chairman of the Supervisory Board: Detlev Bendel
Managing Director: Martin Michel
Court of registry and registered office: Wiesbaden
VAT no: 043 248 1704 8
VAT ID no: DE 815 044 668
Creditor ID no. DE15ZZZ00000277119
§ 1 Scope, definitions
(1) The version of the following general terms and conditions applicable at the time of placing the order exclusively shall apply for the business relations between the web shop vendor, Wiesbaden Marketing GmbH (hereinafter ‘vendor‘), and the customer (hereinafter ‘customer‘). Deviating conditions on the part of the ordering party shall not be recognised unless the vendor expressly agrees to their applicability in writing.
(2) The customer is the consumer provided that the purpose of the ordered goods and services cannot be classified under their business or self-employed profession. In contrast, every natural person or corporate body or legally responsible business partnership acting as a business or self-employed entity when closing the contract is deemed an entrepreneur.
§ 2 Conclusion of contract
(1) The contract comes into effect when the ‘Order liable for payment’ button with the above-mentioned vendor is pressed. The goods offered are sold in small amounts only and only to persons of full legal age. No sale of alcohol to under-age persons.
(2) The order process through our online shop comprises a total of 4 steps.
In the first step, you select the desired goods by collecting them in the so called shopping basket by means of the ‘Place in basket’ button.
In the second step, you can select the desired method of payment.
In the third step, you enter your customer data including billing address and, if necessary, an alternative address for delivery. An order is only possible if the customer accepts these contractual terms by clicking the ‘Accept terms’ button, thereby including them in his request.
In the fourth and final step, you can now check the correctness of all your inputs again and correct them if necessary before submitting them to us by clicking the ‘Order liable for payment’ button.
§ 3 Delivery, availability of goods
(1) Deliveries are made to the address for delivery provided by the customer.
(2) If there are no items of the product selected by the customer in stock at the time the order is placed, this is usually indicated in the web shop. A contract does not come into effect in this case.
(3) If the product marked by the customer in the order is only temporarily unavailable, the vendor shall inform the customer immediately. The customer has the right to withdraw from the contract in the event of a delay in delivery of more than two weeks. Apart from that, the vendor is also entitled to rescind the contract in this case. He shall refund any payments the customer may have made in so doing without delay.
§ 4 Reservation of title
The delivered goods remain the property of the vendor until full payment has been received.
§ 5 Prices and shipping cost
(1) All prices quoted on the vendor’s website include the respectively applicable legal value added tax. The prices at the time of placing the order shall apply.
(2) The relevant shipping cost/handling fees are made known to the customer on the order form and shall be borne by the customer insofar as the customer has not exercised his right of cancellation.
(3) The goods shall be shipped by post. The vendor shall bear the shipping risk if the customer is the consumer. Otherwise, the customer shall bear the shipping risk.
(4) If the customer is the consumer, he shall bear the regular return cost in the event of a cancellation if the delivered goods are those ordered and if the price of the item to be returned does not exceed an amount of 40 EUR, or if the customer has not provided the return service or not paid a contractually agreed instalment in the event of a higher price at the time of the cancellation. Otherwise, the vendor shall bear the cost of return for consumers.
§ 6 Terms of payment
(1) The customer can pay by credit card, giropay or PayPal.
(2) Payment of the purchase price is due immediately when the contract is concluded. If the payment due date is defined by the calendar, the customer is in default by missing the date. In this case, he is obliged to pay the vendor default interest of 5 percentage points above the base rate.
(3) The obligation of the customer to payment of default interest does not rule out claims for further damages suffered by the vendor caused by the delay.
(4) The customer agrees that he shall receive an online invoice only. An invoice shall not be sent to the customer by letter post. The online invoice is not legally binding in particular with respect to the legal requirements concerning proof, storage, documentation or the like. The invoice does not fulfil these aforementioned legal requirements. The online invoice grants entitlement to the reduction of pre-tax in accordance with § 14 paragraph 1 UStG (German value added tax law).
§ 7 Warranty
§ 8 Cancellation policy
As a consumer, you are entitled to cancellation rights in accordance with §312d in conjunction with § 355 BGB (German Civil Code). You can cancel your contractual declaration in writing (i.e. letter, fax, email) within 14 days without stating reasons or – if the item is delivered to you before the time period has elapsed – also by returning the item. The time period begins with receipt of this cancellation policy in writing, however not before the goods have been received by the recipient (in the case of recurring deliveries of similar goods not before the first partial delivery has been received) and also not before fulfilment of our information obligations in accordance with section 246 § 2 in conjunction with § 1 paragraph 1 und 2 EGBGB (Introductory Act to the German Civil Code). Sending the cancellation or the item on time shall suffice in observing the cancellation period. The cancellation shall be sent to:
Wiesbaden Marketing GmbH
Postfach 60 50
Telefax: +49(0)611 - 1729 799
Consequences of cancellation
In the event of an effective cancellation, the goods/services received by both parties shall be surrendered and, where applicable, use made (e.g. interest) returned. If the customer is unable to return or surrender the goods received as well as use made (e.g. benefits through use) in full or in part or only in a deteriorated condition, he shall compensate us if and to the relevant extent. The customer shall only provide compensation for the deterioration of the item and for use made if the use made or the deterioration is attributable to handling the item beyond examining its features and functionality. ‘Examining the features and functionality’ is deemed the testing and trying out of the respective good in the way that is possible and usual in a retail shop.
Items that can be sent by parcel post shall be returned at our risk.
The customer shall bear the regular cost of the return if the delivered goods are those ordered and if the price of the item to be returned does not exceed an amount of 40 EUR, or if the customer has not provided the return service or not paid a contractually agreed instalment in the event of a higher price at the time of the cancellation.
Otherwise, the return is free for the customer.
Items that cannot be sent by parcel post shall be collected from the customer. Obligations for the refund of payments shall be fulfilled within 30 days. The time period begins for the customer with sending their cancellation declaration or the item, for the vendor with its receipt.
§ 9 Information on data processing/data protection
(1) The vendor records customer data when processing contracts. In so doing, he shall observe the provisions of the Federal Data Protection Act and German Teleservices Act in particular. Without the consent of the customer, the vendor shall only record, process or use the customer‘s master data and usage data insofar as this is required for handling the contractual relationship and for making use of and billing tele media services.
(2) Without the consent of the customer, the vendor shall not use the customer‘s data for advertising, market or opinion research purposes.
Duration of storage
Personal data that have been communicated via our website shall only be stored until the purpose has been fulfilled and insofar as they are not subject to storage periods relating to commercial law and taxation law.
Within the framework of the legal provisions, customers have the right to receive or look through information on their stored personal data. Requests can be submitted in writing to
Wiesbaden Marketing GmbH
Postfach 60 50
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§ 10 Closing provisions
(1) The law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods shall apply to contracts between the vendor and customers.
(2) If the customer is a business person, a corporate body under public law or a special fund under public law, the place of jurisdiction for all disputes from contractual relationships between the customer and the vendor is the place of the vendor’s registered office.
(3) The language of the contract is German.
(4) If any provisions of the contract are legally invalid, the remaining provisions shall continue to be legally binding. The legal provisions, insofar as they exist, shall take the place of the invalid provisions. The entire contract shall become invalid however, if this would cause undue hardship for one of the parties to the contract.