1.1 The waschies brand is distributed by waschies GmbH. The General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between waschies GmbH and customers under the domain www.waschies.com.
1.2 waschies GmbH shall not accept any deviating or additional General Terms and Conditions of the Customer or any General Terms and Conditions of the Customer that contradict these General Terms and Conditions, so that they shall not be included in the contract.
2 Subject matter of the contract
2.1 The subject matter of the contract between waschies GmbH and the Customer is the delivery of waschies by waschies GmbH and, on the part of the Customer, the payment of the purchase price.
3 Delivery / Prices / Shipping costs
3.1 Unless otherwise agreed, the goods will be delivered from our warehouse to the address specified by you.
3.2 The goods remain our property until full payment of the purchase price.
3.3 We deliver within the Federal Republic of Germany and also Europe*. Delivery will be made within 3-5 days (within Germany) and within 10-14 days (within Europe) from receipt of your order, unless otherwise agreed or a different delivery time is specified in the item description.
All prices are total prices in Euro, i.e. they include all price components as well as the legal sales tax.
In addition to the indicated prices we charge per order the shipping costs indicated in the following list:
Within Germany: 3,90 Euro
Europe-wide: 7,90 Euro
* Europe countries include the following countries:
Belgium, Bulgaria, Denmark (except Greenland, Faroe Islands), Estonia, Finland (except Aland), France (except overseas territories), United Kingdom of Great Britain and Northern Ireland (except overseas territories), Ireland, Italy (except Livigno, Vatican City, San Marino), Croatia, Latvia, Lithuania, Luxembourg, Monaco, Netherlands (except overseas territories), Austria, Poland, Portugal (except Azores, Madeira), Romania, Sweden, Slovakia, Slovenia, Spain (except Ceuta, El Hierro, Fuerteventura, Gran Canaria, La Gomera, Lanzarote, La Palma, Melilla, Tenerife), Czech Republic, Hungary.
4 Conclusion of contract / contract language / correction of input errors
The presentation of the articles does not constitute a legally binding offer, but an invitation to you to submit a binding offer to us. This offer can be made by telephone, letter, fax, e-mail or in the online store by placing the desired items in the virtual shopping cart and sending the order with the items placed in the shopping cart (click on the button “Buy”) to us. After receipt of your order in the online store, you will automatically receive an e-mail that documents your submitted offer (order). This e-mail merely confirms that we have received your order; it does not constitute a contract. An effective contract is only concluded when we accept your offer by requesting payment after you have placed your order, by confirming your order by e-mail or telephone, or by delivering the goods.
The contract is concluded exclusively in German.
You can correct input errors before submitting your order using the technical means provided in the online store as well as the usual functions of your keyboard/mouse. You can also cancel the process at any time by closing the browser window. By clicking the “Buy” button, you have made a binding order (offer); input errors can no longer be corrected thereafter.
5 Terms of payment
You have the choice between the following payment methods: bank transfer and PayPal (via PayPal a payment via credit card is possible).
5.1 Instant bank transfer
Our bank details
You pay directly via your PayPal account. After submitting your order you will be redirected to PayPal and pay by releasing the order value there.
5.3 Retention of title
The delivered goods remain the property of waschies GmbH until full payment has been received.
5.4 If you are in arrears with a payment, you shall be obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the base interest rate. For each reminder sent to you after the occurrence of the default, you will be charged a reminder fee of 2.50 EUR, unless in individual cases a lower or higher damage is proven.
6 Transport damage
6.1 If goods are delivered with obvious transport damage, please claim such defects immediately to the delivery agent and contact us as soon as possible.
6.2 Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods – in deviation from the statutory provisions – is one year. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
In all other respects, the statutory provisions shall apply to the warranty.
The voucher can be redeemed at www.waschies.com.
The voucher and any remaining credit are redeemable until the end of the third year after the year of the voucher purchase.
The voucher can only be redeemed before completing the order process. Subsequent offsetting is not possible.
Only one voucher can be redeemed per order.
The voucher can only be used for the purchase of goods and not for the purchase of additional vouchers.
Voucher balance is neither paid out in cash nor interest.
The voucher is transferable. The seller can make payments to the respective holder with discharging effect. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9 Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. However, the period does not begin until the purchase contract has become binding on you through your approval of the purchased goods.
In order to exercise your right of withdrawal, you must inform us (by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we must refund all payments we have received from you, except for the delivery costs, immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. 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 must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the costs of returning the goods yourself.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not exist in accordance with § 312g paragraph 2 No. 3 BGB for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if your seal was removed after delivery.
10 Storage of your data & Newsletter dispatch
If you have registered for the customer account in the online store before completing the shopping cart process, you can also access the text of the contract via your customer account (“Your account”) after entering your access data accordingly. Furthermore, you can print the offer data immediately after submitting the order.
11.1 Unlimited liability:
We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
11.2 Otherwise, the following limited liability shall apply:
In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
12 Applicable law
The law of the Federal Republic of Germany shall apply.
13 Complaints/dispute resolution
In accordance with EU Regulation No. 524/2013 and based on EU Directive 2013/11, we are obliged as an online provider to refer our customers to the online dispute resolution platform (OS) of the European Commission. The OS platform can be accessed via the following Internet address: http://ec.europa.eu/consumers/odr/. With this platform, consumers have the opportunity to settle online and out-of-court any disputes arising from the online purchase contract between them and our company. In this context, we are required by law to inform you of our e-mail address. This is: info[at]waschies.de
We will endeavor to settle any disagreements arising from our contract amicably. If we do not reach an agreement, we will be happy to conduct a conciliation procedure free of charge for the customer before the following recognized consumer arbitration board:
General Consumer Conciliation Board of the Zentrum für Schlichtung e.V. (Centre for Conciliation).
Strassburger Street 8
77694 Kehl on the Rhine
Telephone: 07851 / 795 79 40
Fax: 07851 / 795 79 41
This arbitration board is a “general consumer arbitration board” according to § 4 paragraph 2 sentence 2 VSBG.
If no agreement is reached there, the customer has the right to take legal action.
14 Data protection
15 Final provision
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).