Terms and conditions & Customer information
TERMS AND CONDITIONS
1.1 The following terms and conditions of Walberg Urban Electrics GmbH (hereafter referred to as "seller") apply for all contracts that a consumer or corporate customer (hereafter referred to as "customer") concludes with the seller regarding the merchandise and/or services presented by the seller in its online shop. The inclusion of the customer’s own conditions is hereby excluded, unless other terms have been agreed.
1.2 For the purposes of these General Terms and Conditions, a consumer is defined as any individual who concludes a legal transaction with a purpose that can be ascribed to neither his/her commercial nor to his/her freelance activity. A corporate customer, within the scope of these General Terms and Conditions, is defined as any natural or legal entity or a business partnership with legal status, which acts in fulfilment of his/her/its commercial or freelance activities when concluding a legal transaction.
2. Conclusion of the contract
2.1 The presentation of products in the seller’s online shop does not represent a binding offer, but rather a non-binding online catalogue. By clicking the Order button, you are submitting a binding order for the goods in your shopping cart. Confirmation of the order is made by e-mail immediately after the order is sent and does not yet constitute acceptance of the order.
2.2 We can accept your order by sending a statement of acceptance in a separate e-mail or by delivery of the goods within two working days, with receipt by the customer being authoritative. When delivery terms are indicated as working days, they are understood as weekdays with the exception of Saturdays, Sundays and public holidays at our location in Hamburg, Germany.
2.3 As already stated previously, a binding contract can also be entered into as follows: If the buyer selects the payment method PayPal or any other payment method processed by PayPal PLUS, the contract is concluded at the time the payment order is confirmed to PayPal.
3. Cancellation policy
Consumers have the following right of cancellation:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation deadline is fourteen days from the day on which you or a third person you have indicated, other than the carrier, took material possession of the goods. To exercise your right of cancellation, you must inform us by way of a definitive statement (e.g. a letter sent by post, a telefax or an e-mail) about your decision to cancel this contract:
Walberg Urban Electrics GmbH
Alter Wandrahm 6
Tel.: +49 (0)40 320 270 8 - 0
You may use the enclosed sample cancellation form for this, which is however not required. You may also complete and send the sample cancellation form or another definitive statement on our website at www.urban-electrics.com. If you make use of this option, we will promptly send you (e.g. via e-mail) a confirmation of receipt of such cancellation. To meet the deadline for cancellation, you only have to send notification that you wish to exercise your right of cancellation prior to expiry of the deadline.
Consequences of cancellation
If you cancel this contract, promptly and no later than fourteen days after the date on which communication of your cancellation from this contract was received by us, we must refund all payments we have received from you, except delivery costs and additional costs ensuing from a different type of delivery you chose instead of the less expensive, standard delivery. For this refund, we will use the same payment method you used for the original transaction, unless something different was expressly agreed with you; in no case will charges be incurred to you as a result of this refund. We may withhold the refund until the goods have been returned to us or until you are able to provide evidence to us that you sent back the goods, depending on which is the earlier point in time. Promptly and in any case no later than fourteen days after the date on which you informed us of cancellation of this contract, you must send back or drop off the goods to us, Walberg Urban Electrics GmbH. The deadline is met if you send the goods prior to expiry of the fourteen-day deadline. You must bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
4. Prices and terms of payment
4.1 The prices quoted by the seller are final and include statutory German VAT. Additional delivery and shipping costs that may apply will be stated separately in the offer for each product presentation.
4.2 In the case of deliveries within Germany, the seller offers the following payment options insofar as nothing to the contrary is stated in the offer for each product presentation: Klarna Rechnung, Sofortüberweisung, PayPal, credit card.
4.3 If shipping abroad is additionally offered for the respective item, the customer will have the following payment options for deliveries abroad insofar as nothing to the contrary is stated in the offer for each product presentation: Klarna Rechnung, Sofortüberweisung, PayPal, credit card. For deliveries to countries outside the European Union, in individual cases additional costs for which the seller is not responsible may apply and must be borne by the customer. These include, for example, costs for money transfer by credit institutes (e.g. bank transfer fees, foreign exchange fees) or import duties or levies (e.g. customs duties). Further information is available at http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=en
4.4 If advance payment has been agreed, payment shall fall due immediately upon conclusion of the contract. In the case of payment by PayPal or credit card, the invoice amount shall be charged immediately after clicking the "Buy now" button at the end of the ordering process.
5. Delivery and shipping terms
5.1 The goods shall be normally delivered via the transport routes and to the delivery address specified by the customer. For processing the transaction, the seller's delivery address stated in the order processing is deemed authoritative.Deviating from this, if payment by PayPal was selected, the delivery address the customer specified at the time of payment is authoritative.
5.2 If not otherwise indicated on the product page, all products are immediately available from stock.
5.3 In the following EU member countries, delivery shall take place via the UPS delivery service: for the following EU member countries: Andorra, Belgium, Bulgaria, Denmark, England, Estland, Finland, France, Greece, Guernsey, Ireland, Italy, Jersey, Croatia, Latvia, Liechtenstein, Lithauania, Luxembourg, Netherlands, Norway, Austria, Poland, Portugal (except islands), Romania, San Marino, Scotland, Sweden, Slovakia, Slovenia, Spain (except islands), Czech Republic, Hungary, Wales
5.4 The seller offers the following delivery methods: Standard delivery, Standard delivery (UPS). Other delivery methods only by individual request. Other delivery methods entail additional charges that shall be borne by the customer.
5.5 The exact shipping costs will be communicated as part of the ordering process before the order process is completed
5.6 Unless otherwise specified in the offer, delivery time is 2 - 3 days within Germany and 5 - 7 days international.
5.7 Should not all ordered products be in stock, we are entitled to make partial deliveries at our expense, insofar as this is reasonable for you.
5.8 If delivery of the goods fails three times, we are entitled to cancel the contract. If necessary, any payments made will be promptly refunded to you.
5.9 If goods are delivered with obvious transport damages please immediately complain about such mistakes to the deliverer and get into contact with us as soon as possible (firstname.lastname@example.org / +49 (0)40 – 320 270 8 0).
5.10 Failure to make a complaint or establish contact will have no consequences for your statutory warranty rights. However, you will be helping us to be able to assert our own claims against the carrier or the transport insurer.
6. Liability for defects
The statutory liability for defects shall apply.
7. Applicable law
7.1 The laws of the Federal Republic of Germany apply for all legal relationships of the parties, excluding the laws governing the international sale of commodities. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory legal provisions of the law of the country or state in which the consumer normally resides.
7.2 If the customer is a merchant, public entity or a special fund under public law, the sole place of jurisdiction for all disputes resulting from this contract is the seller's business location. The same applies if the customer has no general jurisdiction in Germany or the EU, or residence, or if the usual place of residence is unknown at the time of commencement of an action. The authority to also invoke the court of another legal jurisdiction remains unaffected by this.
7.3 The contract language is German.
8. Reservation of title
The goods shall remain our property until payment is made in full.Before transfer of ownership, the customer is not entitled to pledge, assign as security. process or remodel merchandise without our consent.
The warranty is subject to the statutory provisions.
10. Final provisions
If any provision of these Terms and Conditions is or becomes invalid, the remainder of the contract shall remain valid. In place of the invalid provision, the relevant statutory provisions shall apply.
1. Seller identity information
Walberg Urban Electrics GmbH
Alter Wandrahm 6
+49 (0)40 320 270 8 - 0
Managing Director: Florian Walberg
Hamburg District Court:HRB 51557
VAT ID in accordance with Section 27 of the German Value Added Tax Act: DE 154 162 969
2. Essential characteristics of goods or services
The essential characteristics of the goods or services result from the respective product description posted in the online shop.
3. Conclusion of the contract
The contract is entered into in accordance with Section 2 of the seller’s General Terms and Conditions (see above).
4. Payment and delivery
Payment takes place in accordance with Section 4, and delivery in accordance with Section 5 of the seller’s General Terms and Conditions (see above).
5. Technical steps leading to the conclusion of a contract
The conclusion of a contract takes place by way of offer and acceptance.
5.1 If the customer is using the seller’s online order form to place an order, his offer is submitted as follows:
5.1.1 On the seller’s product offer page, the customer first clicks on the "Add to cart" button or the "SHOPPING CART" link on the top right. A new page opens at the top right of the screen showing the contents of the shopping cart.
5.1.2 Next, the customer clicks directly on the "Proceed to checkout" button to start the ordering process.
The ordering process is divided into the following steps:
- "Shopping cart": This provides an overview of all of the items in the shopping cart (with an option for changing the quantity). Clicking the “Proceed to checkout” button takes the customer to the next page.
- "Log in": Create a customer account (register) or log in as an existing customer using e-mail address and password.
- "Address": Billing and shipping information. The customer enters his billing and delivery address and also has the option of entering a different delivery address.After completing the form, the customer then clicks the “Next” button.
- "Shipping costs": Overview of shipping costs
- "Payment": Select payment method. A new page opens, giving the customer an overview of the available payment methods. Below the payment options there is an overview of the order he is placing and he must then acknowledge the Terms and Conditions as well as confirm his right of cancellation. The customer submits his order by clicking the "Buy" button.
5.2 Acceptance takes place in accordance with Section 2.3 of the seller’s General Terms and Conditions (see above).
6. Saving the contract text
The text of the contract is stored by the seller and sent to the customer in text form (e-mail and letter) after sending his order together with these terms and conditions and customer information.
7. Technical means for recognizing and correcting input errors
Prior to submitting his order, the customer can continuously correct what he has entered via normal keyboard and mouse features. In addition, all information entered prior to the binding submission of the order is displayed once more in a confirmation window, which can also be corrected by way of normal keyboard and mouse features.
8. The languages available for conclusion of the contract
Only the German language is available for concluding the contract.