General Terms and Conditions (GTC)

 

1. Scope

The following terms and conditions apply to all orders placed through our application www.wecando.app by consumers and entrepreneurs.

Consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal rights which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to this.

2. Contractor, conclusion of contract

The purchase agreement is concluded with wecando experience GbR.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can first add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided for and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is made by e-mail immediately after the sending of the order.

When the contract with us is concluded depends on the payment method you choose:

SEPA Direct Debit
We accept your order by sending a declaration of acceptance in separate e-mail or by delivering the goods within two days.

Advance payment
We accept your order by sending a declaration of acceptance in separate e-mail within two days, in which we give you our bank details.

Credit card
We accept your order by sending a declaration of acceptance in separate e-mail or by delivering the goods within two days.

Paypal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and accept your offer.

Giropay
After placing the order, you will be redirected to your bank’s website, where you will confirm the payment order to your bank. This concludes the contract with us.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We do not store the text of the contract.

4. Terms of Delivery

In addition to the stated product prices, shipping costs may still apply. For more information on possible shipping costs, please contact the offers.

We deliver only by shipping route. A self-collection of the goods is unfortunately not possible.

5. Payment

In our shop, the following payment methods are generally available to you:

Advance payment
If you select the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.

Credit card
By placing your order, you provide your credit card details. Once you have been legitimised as a legitimate cardholder, the payment transaction will be carried out automatically immediately upon receipt of the goods and will be debited to your card.

SEPA direct debit
By placing your order, you issue us with a SEPA direct debit mandate. We will inform you about the date of the account charge (so-called prenotification). By submitting the SEPA direct debit mandate, we invite our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account is debited after you have received the goods. The deadline for prior notification of the date of the account charge (so-called prenotification period) is 5 days.

Paypal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. Further information can be obtained during the ordering process.

Giropay
After placing the order, you will be redirected to your bank’s website. In order to pay the invoice amount via Giropay, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment order to us. Further information can be obtained during the ordering process. The payment transaction will be executed immediately afterwards and will be debited to your account.

6. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following applies in addition: We reserve ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; all claims arising from this resale shall be made to us in advance, irrespective of any combination or mixing of the goods subject to retention of title with a new item, in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.

9. Warranties and warranties

Unless expressly agreed otherwise below, the statutory liability law for defects shall apply.
When purchasing used goods by consumers, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to any warranty. The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
To contractors, only our own information and the manufacturer’s product descriptions, which were included in the contract, shall be deemed to be an agreement on the quality of the goods; We assume no liability for public statements of the manufacturer or other advertising statements.
If the delivered item is defective, we shall first provide companies with warranty at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of time limits do not apply to claims arising from damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty as well as malice
• in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, as far as agreed
• to the extent that the scope of application of the Product Liability Act is opened.
Information on any additional warranties and their exact terms can be found in the product and on special information pages in the online shop.

10. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents.
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of warranty promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) by slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In addition, claims for damages are excluded.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be found here. We are ready to participate in an out-of-court arbitration procedure before a consumer arbitration board. The Federal Universal Arbitration Office at the Centre for Conciliation, Strasbourger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.

12. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we shall ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery agent only hands over the goods after the age check has been carried out and only to the customer personally.

13. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.