Zu den AGB in deutscher Sprache:
https://www.wunsch1.de/Info/AGB/
General Terms and Conditions
1) Scope of application
The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, in exercise of his or its trade, business or profession.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2) Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Mikail Sakalsiz (hereinafter referred to as "we").
2.2 Conclusion of contract
The presentation of the products in the online store does not a legally binding offer, but a non-binding online catalog. You have the option of completing the order process via the shopping cart system or the buy now function. You can correct your entries at any time before submitting your binding order. To do this, use the correction aids in the order process. By clicking on the order button, you a binding order for the goods contained in the shopping cart.
2.3 Correction options
You can recognize and correct your entries before submitting the order using the self-explanatory means provided in the ordering process. To cancel a transaction, click the "Back" button on your browser to return the item page or the shopping cart. In the shopping cart, you can change the quantity of products by changing the number of items or delete the item from the shopping cart by clicking on "Remove".
Input errors can also be corrected by canceling the purchase process.
3) Contract language, contract text storage
The German language is for the conclusion of the contract.
The text of the contract is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these GTC and customer information after conclusion of the contract. The seller does not make the text of the contract accessible beyond this. In addition, the order data is archived in the online store and can be accessed free of charge in the customer account.
4) Terms of delivery
4.1 Delivery options
We ship the products to the delivery address specified in the order process.
4.2 Delivery by forwarding agent
Appointment:
In the case of forwarding deliveries, the forwarding company commissioned by us will contact you to agree a delivery date.
Place of delivery:
Delivery of the goods shall be limited to the transportation and unloading of the goods to the first public kerb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly otherwise.
4.3
If the delivery of the goods fails for reasons which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.
5) Payment
5.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
5.2 Payment methods
The payment option(s) will be communicated to the customer during the ordering process and in the footer of the online store.
6) Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7) Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, complain about such defects to the deliverer as soon as possible and us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
8) Data backup
You are responsible for the proper and regular backup of your data. We are not liable for damages resulting from the loss of data if you could have avoided the loss of data by regularly and completely backing up your data. The above limitation does not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
9) Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise, the statutory liability for defects shall apply. The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Restrictions vis-à-vis entrepreneurs:
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note to merchants:
The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
Information for consumers:
We would like to inform you that when selling used goods to consumers, we may shorten the limitation period with regard to warranty rights for defects to one year from delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed.
9.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
10) Liability
We are always liable without limitation for claims based on damage by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty
• for guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
11) Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12) Protection of minors
If your order includes products whose sale is subject to age restrictions, we use a reliable procedure including a personal identity and age check to ensure that the customer reached the required minimum age. If a delivery is made, the deliverer will only hand over the goods after an age check has been carried out and onlyto the customer personally. Delivery to packing stations is not possible in this case.
13) Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid.
If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.