AGB - wind lounge.de Online Shop
§ 1 Scope and provider
These general terms and conditions apply to all commercial and service transactions that you do in the windlounge .make the online shop orother ways of long-distance communication with windlounge.de or Jibe wear UG (limited liability).
The wind lounge.The shop is operated by:
Jibe Wear UG (limited liability),
Managing director: Mario Kümpel, authorized representative: Christopher Jansen.Commercial Register: HRB 35638 District Court of Leipzig.
The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.have completed their year of life.
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions.The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again.The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already contradicted.
The contract language is exclusively German.
You can call up and print out the currently valid General Terms and Conditions on the General Terms and Conditions page.
§ 2 Conclusion of contract
Conclusion of contract for the windlounge.the Shop
The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract.Rather, it is a non-binding invitation to order goods in the online shop.
By clicking on the button ["Order now with obligation to pay" / "buy"] you make a binding purchase offer (§ 145 BGB).Immediately before submitting this order, you can check the order again and change it if necessary.correct.
After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt).This confirmation of receipt does not constitute acceptance of your purchase offer.A contract does not come about through the confirmation of receipt.
A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you - without a prior express declaration of acceptance.Exception: when paying with PayPal, the order is accepted immediately with your order.
(2) Conclusion of contract by remote communication.
You also have the option of submitting a declaration of intent to purchase one of our shop products by email, WhatsApp / SMS or by telephone with subsequent written confirmation.
In this case you will receive a written confirmation incl.expected delivery date.In the case of immediate delivery, you will also receive the corresponding invoice in this step, which must be settled within 14 days of delivery.
(3) Do not buy in the windlounge.de Shop listed products.
You also have the option of submitting a declaration of intent to purchase any product that is not listed in the shop by email, WhatsApp / SMS or by telephone with subsequent written confirmation.
In this case, you give us the order to procure the goods for the corresponding product or products.You will receive the acceptance of this order in writing by e-mail.This includes: the expected delivery time, the invoice incl.Specification of the payment term or the partial invoice amount in the case of a pre-order.
(4) Pre-order of windlounge.the products.
You have the opportunity to order products from our range before
they are delivered to us.In this case you place a pre-order with us, whereby the following special regulations apply: § 4 (3), § 6 (3) and come into effect.We only consider your declaration of intent to pre-order to be binding after you have made the partial payment for the corresponding pre-order regulated in § 4 (3).SENDING THE INVOICE REQUESTING THE DEPOSIT DOES NOT CONSTITUTE ACCEPTANCE OF YOUR DECLARATION OF PURCHASE.Only the promise of a specific delivery date in connection with the payment request for the entire invoice represents the acceptance of your pre-order.We reserve the right to cancel your pre-order orCancel a purchase request without giving a reason.Should we cancel your pre-order, this will result in an immediate refund of the deposit you have paid to us.
§ 3 Prices
The prices stated on the product pages include statutory VAT and other price components and do not include VAT.the respective shipping costs.Further information on the shipping costs is available on our website under ["Shipping information" / "Terms of delivery"].
In the case of product inquiries, you will find out the applicable price in the course of submitting an offer or by sending an invoice directly.
§ 4 Terms of payment
(1) Payment can be made either by: credit card (e.g.BVisa, MasterCard, American Express), Apple Pay, Google Pay, Amazon Pay, PayPal, invoice or bank transfer.
We are responsible for selecting the available payment methods.In particular, we reserve the right to only offer you selected payment methods for payment, for example to protect our credit risk.We also reserve the right to expand or restrict the payment options offered at any time.
When paying by credit card (see above)g) the purchase price is reserved on your credit card at the time of ordering (authorization).Your credit card account may actually be debited at a different time.
When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process.In order to be able to pay the invoice amount via PayPal, you must be registered there.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.You'll get more information during the ordering process.The payment transaction is carried out automatically by PayPal immediately afterwards.You can find information on data protection for orders with payment via PayPal in our data protection regulations.
(2) If you place an order in advance, you will receive an invoice as confirmation of your order with a request to pay a partial amount of your order.This partial amount usually corresponds to 30% of the total invoice amount and must be paid to us immediately.We reserve the right to adjust the amount of the partial payment at will.You have the option of agreeing a height with us that differs from the one suggested by us.The remaining part of the invoice must be paid within a period of 14 days set by us, which begins with the delivery of the pre-ordered goods.We will inform you in advance about the expected delivery date of your goods.
§ 5 Set-off / right of retention
You are only entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship to our claim.
You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
The goods remain our property until the purchase price has been paid in full.
Exceptionally, we are not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but have not been supplied correctly or on time (congruent hedging transaction).The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately.In addition, we must not have assumed the risk of procuring the ordered goods.If the goods are unavailable, we will immediately reimburse you for payments already made.We do not assume the risk of having to procure an ordered product (procurement risk).This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods).We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
We reserve title to the goods until all claims from the current business relationship have been settled in full.Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.You may resell the goods in the ordinary course of business.In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale.We accept the assignment, but you are authorized to collect the claims.If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%.We are responsible for selecting the securities to be released.
(2) If we have agreed with you to procure goods on your behalf, § 6 (1) applies analogously, with the exclusion of the provisions on the procurement of the goods.If we procure goods on your behalf, you will receive a promise of an expected delivery date when the order is confirmed.The estimated delivery time includes the procurement of goods, control and forwarding to you.If goods cannot be delivered as agreed, you will find out from us as soon as possible in writing by e-mail or SMS / WhatsApp or by phone instead of the order confirmation.
(3) If you place a pre-order with us, we undertake to forward the goods to you upon receipt.We will inform you about the expected delivery time at regular intervals of two to four weeks and separately when the delivery date is fixed.
§ 7 cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, i.e. the purchase for purposes You have a right of withdrawal in accordance with the current regulations in our shop.The current cancellation regulations can be found here and below:
You have the right to cancel this contract within 60 days without giving a reason.The cancellation period is sixty days from the day on which you or a third party designated by you who is not the carrier took possession of the goods orhas OR in the case of a contract for the delivery of goods in several partial consignments or pieces: on which you or a third party named by you who is not the carrier took possession of the last partial consignment or the last piece orhat
To exercise your right of withdrawal, you must inform us:
Jibe Wear UG (limited liability)
c/o Christopher Jansen
by means of a clear explanation (e.g.Ba letter sent by post, SMS or email) of your decision to withdraw from this contract.You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by
) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract.The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
If you are responsible for any damage or depreciation to the goods during the period of possession, we reserve the right to offset such depreciation or damage as a deduction from the applicable refund.
The following sample form is available for the revocation.
Muster-Widerrufsformular Jibe Wear / windlounge.en
If you want to cancel the contract using the cancellation form, please fill out this form and send it back.You do not have to adhere to a specific form (e.g.BMail, Brief, etc.)
Jibe Wear UG
– Hereby I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following goods (*) – ordered on (*) / received on (*)
- name of /the consumer(s)
- address of the consumer(s)
- signature of the consumer(s) (only in the case of notification on paper) - date ___________
(*) Delete where not applicable.
§ 8 Transport damage
If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and take them please contact us as soon as possible.
Failing to make a complaint or contact us has no consequences for your statutory warranty rights.However, they help us to assert our own claims against the carrier or carrier.to be able to assert the transport insurance.
§ 9 Warranty
Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of sales law (§ § 433 et seq.BGB).
If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for new goods is two years.
This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and compliance with which the contractual partner may regularly trust (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
Otherwise, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with§ 438 Abs.1 Nr.3 BGB.
If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications:
Only our own information and the product description of the manufacturer are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects upon receipt of the goods.Timely dispatch is sufficient to meet the deadline.This also applies to hidden defects found later upon discovery.In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
In the event of defects, we shall provide a warranty, at our discretion, through rectification or replacement delivery (subsequent performance).In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
If the supplementary performance fails twice, you can either request a price reduction or withdraw from the contract.
The warranty period is one year from delivery of the goods.
§ 10 Liability
Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act.For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.Otherwise, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation).The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected.This limitation of liability also applies to our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution.This gives consumers the opportunity to initially settle disputes in connection with their online order without going to court.
The dispute resolution platform is available under the external link http://ec.europa.eu/consumers/odr/ reachable.
We endeavor to settle any differences of opinion arising from our contract amicably.In addition, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.
§ 12 Final Provisions
Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions in the rest unaffected.German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: 11/2021, version 3
These terms and conditions are based on and based on a template that is made publicly available by: HÄRTING Rechtsanwälte, www.Hal - quite.de, firstname.lastname@example.org Chausseestrasse 13, 10115 Berlin, Tel.(030) 28 30 57 40, Fax (030) 28 30 57 4