WiMo – Terms and Conditions of Use
Conditions of all contracts closed for the sale of goods from the website http://www.wimo.com
WiMo Antennen und Elektronik GmbH, Am Gaexwald 14, 76863 Herxheim, Germany
By the following "Seller"
Represented by CEO: Mr. Volkmar Junge, Markus Viertel
By the following "customer".
§ 1 Scope and Definitions
1. The legal responsibilities between the seller and the customer. The following terms and conditions are valid at the time of order. Any variations in normal business conditions by the customer will not apply or be recognized unless the seller agrees to the terms before, in writing.
2. The sale of the products applies to consumers and business owners as end users. Consumers are customers as an individual, as long as goods and services ordered cannot be assigned to any commercial purpose or self-employed activity. In contrast, an entrepreneur is an entity, legal person or unincorporated organization that trades commercially or self-employed at the conclusion of the contract.
§ 2 Contract of Sales
1. Customers can choose from the selection of items from the seller, in particular, radios and wireless electronics. This can be done by selecting an item of interest and clicking the button "Add to cart". This will add items in the "shopping cart". By clicking the button "Submit Order" the customer submits a binding offer to buy for the goods in the shopping cart. Before sending the order, the customer can change or view personal data as well as items placed in the shopping cart at any time. The offer to buy will only be submitted after the customer has checked the "Accept Terms" and "Accept Privacy Statement" by clicking these items and thus accepting these terms and conditions with full knowledge and consent.
2. Thereupon an automated confirmation of receipt will be generated and sent by e-mail to the customer, showing the customer's order in detail. The customer can print this document by pressing the “Print” button using their own printer. The automated confirmation is in itself a confirmation to the customer that the seller has received the order is not an acceptance of the offer to buy. Sending the goods to the customer will conclude the contract between the seller and the customer.
§ 3 Conditions of sale and Delivery
1. All delivered products remain the property of the seller until payment is received in full.
2. Delivery time is 3-5 days unless otherwise stated.
3. If not all products are in stock at the time of purchase, the seller is entitled to make partial deliveries, if this appropriate for the customer.
4. After three failed delivery attempts the seller may withdraw from the contract and payment will be immediately refunded to the customer.
5. If the ordered product is not available due to reasons outside the control of the seller, the seller may withdraw from the contract. In this case the customer will be informed immediately and, if necessary, be consulted on other comparable products. If no comparable product is available or the customer does not want a comparable product, the seller will refund the customer immediately.
§ 4 Prices and shipping costs
1. All quoted prices on the website of the seller will include valid legal value added tax (VAT).
2. Appropriate shipping charges to the customer for the order will be listed separately on the order form and will be at the customer's expense, unless the customer makes use of his right of withdrawal. For products that cannot be shipped with the standard delivery methods shipping costs will be individually calculated according to the distance to the place of delivery.
3. Orders will be shipped amongst others by mail, DHL, DPD and UPS unless otherwise indicated. The shipping costs are fixed prices and are based on shipments within the Federal Republic of Germany and other European countries. The seller assumes all risk of shipping, if the customer is a consumer.
§ 5 Methods of Payment
1. The customer can make the payment by prepayment, credit card, PayPal, Maestro, GiroPay, cash account or cash on delivery (COD). A cash account is only for natural persons within Germany, and subject to the customer's creditworthiness on orders of less than EUR 400 -. COD is possible within Germany only.
2. The purchase price is payable immediately upon conclusion of the contract for payment. If the due date of the payment is determined by the calendar, the customer is already in default by failure to observe the deadline. In this case, he has the seller to pay interest at the rate of 5 percentage points above the base rate.
3. The customer's obligation to pay default interest does not excempt the assertion of further damage due to delay by the seller.
§ 6 Warranty for defects
1. The seller is liable for defects in accordance with the applicable laws, particularly § § 434 ff. BGB. With regard to companies, the warranty period for vendor-supplied products is 12 months.
2. An additional warranty of the delivered products by the seller exists only if it has been expressly stated in the order confirmation of the respective product.
§ 7 Liability
1. Customer claims for damages are excluded. This excludes claims for damages from customer arising from injury to life, body or health, or from the violation of essential contractual obligations as well as liability for other damages from intentional or grossly negligent breach of duty by the seller, his legal representatives or other agents. Essential contractual obligations are those which are required to reach the target of the sales contract.
2. In the case that the seller breaches fundamental contractual obligations, the seller shall be only liable to the typical, foreseeable damage if it was caused by ordinary negligence, unless there are claims for damages by the customer from injury to life, body or health.
3. The limitations of paragraphs 1 and 2 shall also apply to the legal representatives and agents of the seller, if claims are asserted directly against them.
4 The provisions of the "Product Liability Act" shall remain unaffected.
5. Data communication over the Internet cannot be guaranteed to be error free and / or available at all times. The seller is insofar not liable for the continuous or uninterrupted availability of the Website and the services offered.
6. In case seller's internet offers refer or link to the websites of third parties, the seller shall not be responsible or liable for the accuracy, completeness of the contents or data security of those websites. Since the seller has no influence on the compliance with data protection regulations by third parties, the customer should check the privacy statements of those pages.
§ 8 Customer Reviews
(Omitted, not applicable)
§ 9 information about the right of cancellation
This paragraph applies to customers based in Germany only.
Withdrawal from Contract
Valid for transactions with individuals for private porposes.
You have the right to cancel the sales contract within 14 days without giving a reason.
The cancellation period is 14 days from the date on which you or a third party named by you, other than the carrier, has taken the goods into physical possession.
To use your rights of cancellation - you must inform us:
WiMo antennas and electronics GmbH, Am Gäxwald 14, 76863 Herxheim, Tel 07276 96680, FAX 07276 9668-11, e-mail: firstname.lastname@example.org,
In a clear, written statement (e.g. by mail, fax or email) of your decision to revoke the contract. You can use the attached withdrawal form which is not mandatory however.
In order to use the revocation period, it is sufficient for you to send the message about the withdrawal before the withdrawal deadline.
Effects of withdrawal
If you withdraw from this contract we will refund all received payments, including delivery costs (with the exception of the additional costs arising from a chosen, more expensive type of delivery), immediately and at the latest within fourteen days from the date on which the notice was received about your cancellation of this contract with us. For this repayment, the same method of payment that you used for the initial transaction will be used, unless you explicitly agreed otherwise. In any case, no additional fees may apply for repayment.
We reserve the right to withhold the reimbursement until we have received the goods back or until you have proofed that you have returned the goods, whichever is the earlier.
You have to return the goods promptly, latest within fourteen days from the date on which you notified us of the cancellation of the contract. The deadline is met if you expedite the goods before the deadline of fourteen days.
You bear the direct cost of returning the goods.
Bulky goods which cannot be shipped as parcel will be collected. In this case, the amount to be billed to your returned reimbursement will be estimated up to 80 - EUR.
(Translators note: this estimate is valid for shipments within Germany only)
You only need to pay for any diminished value of the goods, if the deterioration in value is not due to examination of characteristics and functioning of the goods.
End of information about the right of cancellation
Non-existence of the right of cancellation
The right does not apply to contracts
- For supply of goods which are not pre-made and for whose production an individual choice or decision by the consumer is required, or which are clearly tailored to the personal needs of the consumer.
- For the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
(If you want to cancel the contract, please fill out this form and send it back.)
WiMo antennas and electronics GmbH, Am Gäxwald 14, 76863 Herxheim,
Tel 07276 96680, FAX 07276 9668-11, e-mail: email@example.com:
Herewith I am cancelling our contract for the sale of following goods:
Ordered on (date)
Received on (date):
Name of person / consumer (s):
Address of person / consumer (s):
Signature of / consumer (s):
- For returns, please contact WiMo to obtain a return number (RMA number) before shipment.
- If applicable, please tell us your banking information.
§ 10 Privacy of Data
1. The customer should be aware that and agrees in the fact that it's necessary for ordering and order processing that personal data is stored on data carriers. The customer agrees in collection, processing and use of his personal data. He agrees in transfer of his personal data to shipping service providers under contract of the seller, if required in particular cases, his credit institution. This consent is logged by the seller. Orders cannot be placed unless the customer consents to this.
2. The customer has the right to revoke this consent at any time for the future. The seller agrees in this case for immediate deletion of personal customer data, unless an order has not been completely settled. The deletion takes place within the legal limits set by the tax office. The seller complies with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer the seller will only collect, process or use data to the extent necessary for the execution of contracts and for the use and accounting of Telemedia.
3. The seller agrees to comply with the statutory data protection provisions during customer's order and checkout process, notably to consider the Federal Data Protection Act (BDSG) to achieve adequate protection and security of customer data. Without the consent of the customer, the seller will not use customer data for purposes of advertising, market research or opinion polls.
4. Personal data within the meaning of § 3 para. 1 BDSG are those data containing informations concerning the personal or material circumstances of a defined or identifiable individual person. In detail, the following information will be collected as part of the sales agreement: E-mail address, consumer or business status, address.
5. The customer assures that only he or persons authorized by the customer have access to his e-mail account. The customer is aware that unencrypted e-mails have limited confidentiality only.
6. Any additional data usage and disclosure of personal data to other third parties will not be carried out, unless the customer has previously given his or her consent for this purpose or there is a legal obligation to forward data.
7. In the settings of the web browser or the help function, a description can be found how to set the browser to indicate cookies, not accept new cookies or delete all cookies.
8. In other respects concerning customer's consents and further information on data collection, processing and use, seller refers to his data privacy statement available on seller's website. The customer may at any time revoke their consent granted with respect to the storage and use of their personal data or request correction of stored data.
§ 11 Battery Disposal
In conjunction with the sale of batteries or with the delivery of equipment containing rechargeable batteries, the seller is obliged to inform the customer on the following:
1. The customer is obliged by law to dispose used batteries properly. Batteries or products that come with batteries purchased from the seller can be dispensed (only the battery) at the seller's warehouse for disposal. Batteries must not be disposed of with household waste. The symbols shown on the batteries have the following meaning:
2. The symbol according to § 17 paragraph 1 BattG and the characters according to § 17 paragraph 3 BattG have the following meaning:
Pb = battery contains more than 0.004 percent lead
Cd = battery contains more than 0.002 percent cadmium
Hg = battery contains more than 0.0005 percent of mercury
§ 12 Radio Equipment
It is pointed out that the operation of devices - in particular of radio equipment and telecommunications terminal equipment - is subject under the legal provisions of the country in which the device is put into operation and that the operator bears sole responsibility
It is pointed out that the operation of radio equipment and telecommunications terminal equipment bearing the CE mark, comply to the requirements of EC Directive 1999/5/EC and use frequencies, requires a legal or regulatory allocation of frequencies (frequency use permit), for which presence the operator shall be solely and exclusively responsible.
§ 13 Online Dispute Resolution (ODR) Platform of the EU Commission
Since 2016 the EU commission offers a platform, which helps consumers in Europe in case of conflicts with online vendors based in the EU (ODR, Online Dispute Resolution). WiMo Antennen und Elektronik GmbH is liable to participate at this platform system. To contact WiMo in such matters please use the E-Mail adress 'firstname.lastname@example.org'. The ODR website of the EU commission can be reached at http://ec.europa.eu/consumers/odr/index_en.htm
§ 14 Final Remarks
1. In contracts between the seller and the customer, the law of the Federal Republic of Germany shall apply with the exemption of "United Nations Convention on Contracts for the International Sale of Goods".
Consumers with their permanent residence abroad may refer to the law of their permanent residence however.
2. If the customer is a merchant, a legal entity under public law or a federal special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the location of the seller.
Consumers with their permanent residence abroad may refer to the law of their permanent residence however.
3. The contract remains a binding legal document even if any of the points listed above is legally void. Any void points will be replaced by legal provisions if available. If this would constitute an unreasonable hardship for one of the contracting parties, the contract is invalid as a whole.