General Terms and Conditions
for orders via internet (e-mail and website)
§ 1 Scope
- The legal relationship between wibas GmbH (hereafter referred to as wibas) as operator of the website and its customers are exclusively based on these General Terms and Conditions in the current version at the time of the order.
- Regulations which differ from these, in particular general terms and conditions of the customer shall not apply.
§ 2 Conclusions of the contract
- Any presentation of goods or services on wibas' websites does not constitute a binding offer, but a request to the potential customer to make wibas an offer to conclude a contract.
- By placing an order on the wibas website, the customer makes a binding offer to conclude a corresponding contract. By submitting the order, the customer agrees to the validity of these General Terms and Conditions (GTC).
- The provider confirms receipt of the customer's order by email. This e-mail does not represent the acceptance of the customer’s offer. The contract is concluded only by the delivery of the goods or the provision of the ordered service or by an explicit declaration of acceptance.
§ 3 Right of withdrawal of consumers
- Each customer who is consumer within the meaning of § 13 BGB, is entitled to a legal right of withdrawal. The customer is a consumer if he concludes the legal transaction for a purpose that cannot be attributed to either a commercial or an independent professional activity.
- If you are a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us via
wibas GmbH, Otto-Hesse-Straße 19 b, 64293 Darmstadt
Phone +49 (0)6151 503349 0; Fax +49 (0)6151 503349 33; E-mail: email@example.com
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. If you make use of this option, we will promptly send you a confirmation of the receipt of such revocation (for example by e-mail).
In order to maintain the cancellation period, it is sufficient for you to send a notification to exercise your right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this agreement, we have to refund all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this refund, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have to return the goods to us immediately and in any case not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to a handling that is not necessary for you to check the nature, characteristics and functioning of the goods.
- The costs for returns on revocation shall be borne by the customer.
- The customer is expressly advised that there is no right of withdrawal if the sealed package of a product has been opened or has already been put into use.
- There is also no right of revocation for products that have been specially designed or developed for the customer.
§ 4 Retention of title
The goods delivered to the customer remain the property of wibas until full payment of the purchase price.
§ 5 Prices and due date
The prices indicated on the website for goods are final prices and include VAT. The prices for services (training) stated on the website are exclusive of VAT. The purchase price is due upon conclusion of contract.
§ 6 Cancellation fees and cancellation
A cancellation fee of EUR 100 plus VAT is payable for cancellations up to 15 calendar days before the start of the training. For participants who fail to turn up a payment obligation applies for the entire training fee. If a participant is unable to take part, another person may attend the course instead of the registered one.
wibas can decide up to 5 days before the beginning of the training whether the training will be cancelled or postponed due to low participant count.
§ 7 Warranty
- The warranty rights of the customer are governed by the statutory provisions, unless otherwise agreed below.
- If the customer is a consumer, the warranty claims for newly manufactured goods are limited to two years, for used goods one year from the beginning of the statutory limitation period. If the customer is an entrepreneur, its warranty claims become statute-barred on newly manufactured and used goods in one year from the statutory limitation period.
- The shortening of the limitation periods of paragraph 2 does not apply to claims for damages of the customer due to injury to life, limb, health and for claims for damages due to a breach of essential contractual obligations, even if corresponding claims for damages on a breach of duty by a legal representative or agents of the provider based. The shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty or malice of the provider, its legal representatives or vicarious agents.
§ 8 Damages
- Claims for damages of the customer against wibas are excluded, unless otherwise agreed below. This disclaimer also applies in favor of the legal representatives and vicarious agents of wibas.
- The above exclusion of liability does not apply to claims for damages due to injury to life, limb, health or the violation of essential contractual obligations. The disclaimer also does not apply to claims for damages based on intentional or grossly negligent breach of duty or malice of the provider, its legal representatives or vicarious agents.
- Liability under the Product Liability Act remains unaffected.
§ 9 Assignment and pledge ban
The assignment of claims or the pledging of rights of wibas toward the customer requires the prior consent of wibas in order to be effective. Such consent shall be granted if the client has a proven legitimate interest in the assignment or pledge.
§ 10 Offset of claims
The customer is only entitled to offset wibas' claims arising from contractual relationships, which are justified on these Internet pages, if the customer's claims are legally established
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