General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the supplier (WALDKAUZ Online Shop - Waldkauz GmbH & Co. KG) via the websites https://shop.waldkauz.net, https://shop.steinkauz.com, and https://www.loden.de. Unless otherwise agreed, any terms and conditions you may use are expressly rejected.
(2) A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods and/or the provision of repair services.
(2) By listing a product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective product description.
(3) The contract is concluded via the online shopping cart system as follows: The goods and/or repair services intended for purchase are placed in the "shopping cart." You can access the shopping cart via the corresponding button in the navigation bar and make changes at any time. After clicking the "checkout" or "proceed to order" button (or a similar designation), and entering your personal data as well as the payment and shipping conditions, your order data will be displayed again as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment provider.
If redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, your order data will be displayed again either on the provider’s website or after returning to our online shop.
Before submitting the order, you can review and change the information in the order overview or cancel the order altogether.
By submitting the order using the corresponding button ("order with obligation to pay", "buy" / "buy now", "place binding order", "pay" / "pay now", or similar), you legally accept the offer, thereby concluding the contract.
(4) Your inquiries to create an offer are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days unless another period is stated in the offer.
(5) Order processing and all information required in connection with the contract conclusion will be sent by email, partly automated. You must ensure that the email address you provided is correct, that receipt of emails is technically ensured, and in particular not blocked by spam filters.
§ 3 Custom-made Products
(1) You must provide the necessary suitable information, texts, or files for customizing the goods via the online ordering system or by email promptly after contract conclusion. Our specifications regarding file formats must be observed.
(2) You agree not to transmit any data whose content infringes on third-party rights (particularly copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context, including the legal costs incurred.
(3) We do not check the transmitted data for content accuracy and are not liable for any errors in this regard.
§ 4 Provision of Repair Services
(1) If repair services are part of the contract, we owe the repair work described in the service description. This is carried out personally or by third parties to the best of our knowledge and belief.
(2) You are obliged to cooperate, in particular by describing the defect as accurately as possible and providing the defective device.
(3) You bear the cost of sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including dispatch, takes place within 5–7 days after receipt of the device to be repaired (in the case of agreed advance payment, only after payment instruction).
(5) If you exercise your right of cancellation under § 648 sentence 1 BGB, we may demand a lump-sum payment of 10% of the agreed remuneration if the execution has not yet begun. However, this only applies if you exercise the cancellation right after the withdrawal period has expired. You may provide evidence that we incurred no or significantly lower costs.
§ 5 Special Agreements on Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout": If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed by PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The available payment methods are displayed on our website and during the online ordering process. "PayPal" may use additional payment services; where special terms apply, you will be informed separately. For more details, visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Warranty
(1) Statutory warranty rights apply.
(2) Consumers are asked to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed before submitting the contractual declaration and the deviation was expressly and separately agreed between the parties.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies if it does not deprive them of protection granted by mandatory provisions of the law of the country of their habitual residence (favorability principle).
(2) The place of performance and jurisdiction for all services from the business relationship is our place of business, provided you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you have no general jurisdiction in Germany or the EU, or if your place of residence or usual whereabouts are unknown at the time of the legal action. The right to also call another statutory court remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
II. Customer Information
1. Identity of the Seller
WALDKAUZ Online Shop - Waldkauz GmbH & Co. KG
Berghäuschensweg 57-59
41464 Neuss
Germany
Phone: +49 2131 547553
Email: post@waldkauz.net
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/odr. This ODR platform can be used to resolve disputes arising from online sales or service contracts between consumers and businesses.
We participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is:
Directorate-General for Justice and Consumers, European Commission
1049 Brussels
Website of the consumer arbitration board: https://ec.europa.eu/consumers/odr/
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion itself, and the correction options are in accordance with the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After receiving your order, we will send the order data, the legally required distance contract information, and the General Terms and Conditions by email.
3.3. In the case of offer inquiries outside the online shopping cart system, all contract data will be sent to you as part of a binding offer in text form (e.g., by email), which you can print or save electronically.
4. Codes of Conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, available at:
https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
5. Essential Features of Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
6. Prices and Payment Methods
6.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They are accessible via a correspondingly designated button on our website or in the respective offer and are displayed separately during the order process. These are to be borne by you unless free shipping is promised.
6.3. For deliveries to countries outside the European Union, additional costs may arise (e.g., customs duties, taxes, money transfer fees), which we are not responsible for and which you must bear.
6.4. Money transfer costs (e.g., transfer or exchange rate fees) are also to be borne by you if delivery is made to an EU member state, but payment is made from outside the EU.
6.5. The payment methods available to you are shown on our website or in the respective offer via a correspondingly designated button.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the contract are due immediately. For the "advance payment" option, we reserve the right to withdraw from the contract after 10 days without payment.
7. Delivery Conditions
7.1. Delivery conditions, delivery times, and any existing delivery restrictions can be found via a correspondingly designated button on our website or in the respective offer.
7.2. For consumers, the risk of accidental loss and deterioration of the goods passes to you only upon delivery, regardless of whether the shipment was insured or not. This does not apply if you independently commission a transport company not named by the entrepreneur or a person designated to carry out the shipment.
8. Statutory Warranty Rights
Warranty is governed by the "Warranty" section of our General Terms and Conditions (Part I).
9. Termination
9.1. Information on the termination of the contract and the termination conditions can be found in the "Repair Services" section of our General Terms and Conditions (Part I) and in the respective offer.