The following General Business Terms (German abbreviation: AGB) shall conclusively regulate the contractual relationship between the seller of Wunderlabel GmbH, Eichendorffstraße 12e, 97072 Würzburg, Germany and the respective buyer. To be deemed as a contractual relationship is each conclusion of a contract via the seller’s online shop, based upon which the seller undertakes to carry out goods deliveries and services to the buyer. With the submission of his order the buyer explicitly confirms that he has acknowledged and accepts these General Business Terms AGB of the seller.
Buyers can be both consumers as well as entrepreneurs. A consumer is each natural person, who concludes a legal transaction for purposes, which are primarily neither to be allocated to their commercial, nor their self-employed professional activity (Section 13 BGB [German Civil Code]). An entrepreneur is a natural person or legal entity or a partnership with legal capacity that acts while performing their commercial or self-employed professional activity with the conclusion of a legal transaction (Section 14 BGB).
Own terms and conditions of the buyer are hereby objected to unless otherwise agreed.
The object of the respective contract is the sale of goods by the seller to the buyer via its online shop, in particular the sale of textile labels, hang tags and stickers.
The buyer can order goods in the seller’s online shop by first of all registering and creating a customer account. After this he can order goods in the seller’s online shop by entering his personal data, by first of all collecting goods in the virtual shopping basket and subsequently undergoing and concluding the automatic order process in the seller’s online shop. An order is alternatively also possible as a guest without registration.
After completion of the order by the buyer the seller will send an automatic confirmation of receipt of the order to the buyer’s e-mail address, in which the buyer’s order is listed once again. The confirmation of receipt of the order shall not represent an acceptance of the buyer’s application for the conclusion of a purchase contract; a purchase contract shall therefore not be concluded with the confirmation of receipt of the order. The confirmation of receipt of the order shall moreover not constitute any confirmation of the ability to deliver the ordered goods.
A purchase contract will only be concluded by the sending of a confirmation of shipment by e-mail by the seller to the buyer.
German is available as a language for the conclusion of the contract. The contractual text is not stored by the seller and can no longer be called after the completion of the order process. The buyer can, however, store or print out the order data directly before sending via the functions of his browser and shall receive an e-mail after the order, in which his order is listed once again.
The buyer will specifically undergo the following technical steps insofar as he is logged in via his customer account/creates a customer account in the order process for his order in the seller’s online shop:
The user undergoes the following technical steps for an order as a guest:
The buyer can correct his order details using the commonly used mouse and keyboard functions and the “pencil” and “edit” buttons envisaged on the order overview page. The buyer can also correct his order details by navigating back to the individual order steps via the “back” button of his Internet browser or by clicking on the order steps faded in the top area in the online shop.
All price details are deemed as gross Euro prices plus possibly incurred packaging and shipping costs. The buyer can see the incurred shipping costs, which the buyer bears from the location of the seller’s branch from the shipping costs table of the seller that can be called in the online shop by means of [link] as well as from the price list in the virtual shopping basket. The seller undertakes to send the goods to the buyer by post without delay after conclusion of the purchase contract and the full payment of the purchase price. The delivery shall always be carried out at the risk and costs of the buyer insofar as the buyer is no consumer. At the request of the buyer the seller is entitled, however not obliged to insure the goods at the account of the buyer. The delivery time is up to 7 workdays with shipment within Germany. The seller refers to, if applicable, deviating delivery times (e.g. with a shipment overseas) in the online shop under wunderlabel.co.uk/shipping hin.
Should an ordered article not be available for delivery, because the seller does not receive a delivery from its supplier, without the fault of the seller, despite the supplier’s contractual obligation, it is entitled to cancel the contract. In this case the seller will inform the buyer without delay that the ordered good is no longer available and refund possibly already paid considerations without delay.
6.1 Right of revocation
The buyer is entitled, if he is a consumer, to revoke this contract within fourteen days without stating any reasons. The deadline for revocation is fourteen days from the day, on which the buyer or a third party named by the buyer, who is not the carrier, has taken the last good into possession.
In order to exercise the right of revocation the buyer must inform the seller (Wunderlabel GmbH, Eichendorffstraße 12e, 97072 Würzburg, Germany, e-mail: email@example.com, Tel.: +44 (0) 2070 996 617) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about his decision to revoke this contract. He can use the enclosed sample revocation form for this purpose that is however not stipulated.
In order to adhere to the deadline for revocation it is sufficient if the buyer sends the notification about the exercising of the right of revocation before expiry of the deadline for revocation.
6.2 Consequences of the revocation
If the buyer revokes this contract the seller has to repay him all payments, which it received from him, including the delivery costs (with the exception of the additional costs that arise from the fact that the buyer chose another type of delivery than the most reasonably priced standard delivery as offered by the seller), without delay and no later than within fourteen days from the day, on which the notification about the revocation of this contract by the buyer has been received by the seller. The seller will use the same means of payment for this repayment that the buyer used for the original transaction, unless explicitly otherwise agreed with the buyer, in no way will any charges be made to the buyer owing to this repayment. The seller can refuse the repayment until the goods have been returned to it or until the buyer has provided the proof that he has returned the goods, depending on which is the earlier time.
The buyer has to return or hand over the goods to the seller without delay and in any case no later than within fourteen days from the day, on which he informed the seller about the revocation of this contract. The deadline is adhered to if the buyer sends the goods before expiry of the deadline of fourteen days. The seller will bear the costs for returning the goods.
The buyer must only pay for a possible loss in value of the goods if this loss in value is a result of a handling of the goods that is not necessary for the inspection of the condition, properties and functioning of the goods.
6.3 Special note
The right of revocation shall not exist with the delivery of goods, which have not been pre-produced and for the production of which an individual selection or determination by the consumer is decisive or which have been clearly customised to the personal needs of the consumer.
The seller will be liable to an unlimited extent for damages caused by wilful intent or gross negligence, with the malicious non-disclosure of defects, with the assumption of a guarantee of condition, for claims owing to the German Product Liability Act as well as for the injury to life, the body or the health.
The seller will not be liable for other damages, insofar as these were caused by the seller, a legal representative or vicarious agents due to simple negligence. The seller will be liable for the breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible at all and on the compliance with which the buyer may rely as a rule (cardinal obligations), for damages limited to the compensation of the foreseeable damages that are typical for the contract insofar as this were caused by simple negligence.
The statutory regulations, which submit the seller to liability without fault owing to certain acts or omissions, will not be affected by the aforementioned liability exclusions and limitations.
For defects to the goods the seller will principally be liable according to the statutory provisions of the law governing purchases (Sections 434 et seqq. BGB [German Civil Code]).
If the consumer is not a consumer the seller will be entitled to the option for the remedy of the defect or subsequent delivery of a faultless objection according to Section 439 Para. 1 BGB.
The buyer will, insofar as it concerns a reciprocal trading business within the meaning of the HGB [German Commercial Code], inspect the ordered goods immediately after delivery. This shall apply in particular with regard to the completeness of the goods as well as the respective functional capability. Defects, which are determined hereby or, which can be determined without further ado, must be reported to the seller without delay. A detailed description of the defects is to be enclosed. If the buyer fails to submit the report the goods shall be deemed as approved unless it concerns a defect, which was not recognisable during the inspection.
Defects to the goods, which cannot be determined within the scope of the proper inspection according to the above paragraph must be reported to the seller immediately after they have been discovered insofar as it concerns a reciprocal trading business; otherwise the goods shall also be deemed as approved in view of this defect.g mitgeteilt werden, soweit es sich um ein beiderseitiges Handelsgeschäft handelt; anderenfalls gilt die Ware auch in Ansehung dieses Mangels als genehmigt.
The purchase price will be due and payable directly after the conclusion of the purchase contract. The payment shall be carried out at the choice of the buyer by bank transfer/immediate transfer, PayPal or credit card.
The buyer shall be deemed in default, insofar as he is not a consumer, if he has not paid within 30 days after the due date. Consumers will also be deemed in default within 30 days after the due date if they are informed about this consequence in the invoice or payment request. If the buyer is in default of payment interest is to be paid on the purchase price during the default in the amount of 5oints above the base lending rate. The seller reserves the right to prove higher damages due to default and to assert these against the buyer.
The delivered goods shall remain the property of the seller until the full payment.
In the commercial business transactions the ownership to the purchased goods shall only pass from the seller to the buyer when the buyer has settled all claims from the business relationship with the seller (extended reservation of title).
If the seller’s reservation of title to a good acquired in commercial business transactions lapses by resale, connection or processing of the purchased goods by the buyer, then the purchased good shall be replaced by the new object or the claim established by one of the described acts (extended reservation of title).
It is pointed out to the buyer that his personal data that are necessary for the order and purchase order processing are stored and processed by the seller on data carriers. A transmission to the payment service provider Paypal shall also exclusively be carried out for the aforementioned purpose of the order and purchase order processing. A transmission of the data to third parties for other purposes (e.g. advertising purposes) is explicitly not carried out.
For further details, also regarding his rights as person concerned, the buyer can refer to Datenschutzerklärung des Verkäufers.
German law shall apply exclusively to the available General Business Terms and to the respectively concluded purchase contract under the exclusion of the UN Convention on Contracts for the International Sale of Goods. For the event that the buyer is a consumer, this will only apply to the extent that the granted property is not withdrawn by mandatory provisions of the law of the state, in which the consumer has his customary place of abode.
Insofar as the buyer is a full merchant, legal entity under public law or special fund under public law Würzburg is agreed as the place of jurisdiction for all disputes, which arise from or in connection with this contract.
Should one or several clauses of these business terms and conditions be invalid in full or in part this shall have no effect on the validity of the other provisions.
The EU Commission makes an online portal available for the dispute resolution („ODR platform“), which is available via the link ec.europa.eu/consumers/odr. If the buyer is a consumer who is a resident of the European Union, there is the possibility to use this platform to resolve disputes regarding contractual obligations from online purchase contracts out-of-court. The seller is not obliged and principally not