General Terms and Conditions of Business
WINT Internet-Handel UG (limited liability)
1. scope of application
The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2 Contractual partner, conclusion of contract
The sales contract is concluded with WINT Internet-Handel UG (limited liability).
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button and accepting the offer for the goods contained in the shopping basket. Immediately after sending the order you will receive another confirmation by e-mail.
A binding contract can also be concluded beforehand as follows:
If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment order to PayPal.
If you have chosen the method of payment IMMEDIATELY by bank transfer, the contract is concluded at the time of confirmation of the payment order to SOFORT GmbH.
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can also view the General Terms and Conditions here on this page at any time. For security reasons, your past orders are no longer accessible via the Internet.
3. delivery conditions
In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs under the heading Shipping costs, click here!
We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.
The following payment methods are available in our shop:
payment in advance
If you choose the method of payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
You pay the invoice amount via the online provider Paypal. As a matter of principle, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. You will receive further information during the ordering process.
IMMEDIATELY bank transfer
We also offer IMMEDIATELY bank transfer. We will receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Using the secure payment form of SOFORT GmbH, which is not accessible to merchants, IMMEDIATELY and automatically sets up a bank transfer in real time in your online bank account. The purchase amount is transferred immediately and directly to the merchant's bank account. If you choose the payment method IMMEDIATELY by bank transfer, a pre-filled form will open at the end of the order process. This already contains our bank details. In addition, the form already displays the transfer amount and the purpose of the transfer. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as for online banking registration (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, every Internet user can use the IMMEDIATE transfer as payment method if he has an activated online banking account with PIN/TAN procedure. Please note that for a few banks the IMMEDIATE transfer is not yet available. For more information on whether your bank supports this service, please visit: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
5. right of revocation
Consumers are entitled to the legal right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of withdrawal.
The revocation or the return of the product are to be directed to (please use for this purpose exclusively our column returns, click here!):
WINT Returns Centre
Gahlenfeldstr. 6, 58313 Herdecke
6 Retention of title
The goods remain our property until full payment has been received.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.
7. transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
8 Warranty and guarantees
The statutory liability for defects law shall apply. Information on any additional warranties and their exact conditions can be found in the product and on special information pages in the shop.
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty
for guarantee promises, if agreed
insofar as the scope of application of the Product Liability Act has been opened up.
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence by us, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.
The European Commission is providing a platform for online dispute resolution (OS). You can find the platform at https://webgate.ec.europa.eu/odr/
10 Final clauses
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 German 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 place of business.
In the event of contradictory information caused by the display language, the German version of the General Terms and Conditions shall always apply.