Terms and Conditions
General terms and conditions of business
www.widewheelz.com / www.widewheelz.de
§ 1 Scope, customer information: Contract language
(1) The following general terms and conditions (hereinafter also referred to as T&Cs) govern the contractual relationship between Living Better GmbH, Huttropstraße 60, 45138 Essen, and consumers and businesses who purchase goods through our online shop. We do not accept any terms and conditions that conflict with or deviate from our terms and conditions. Different terms and conditions apply when purchasing in one of our retail stores.
(2) The contract language is German.
§ 2 Offer and Conclusion of Contract (Note: Please implement the following ordering process in §§ 2 and 3 accordingly; we will check for compliance again after all documents have been entered. We generally recommend switching from the order form to a shopping cart system.)
(1) The offers on our website represent a non-binding invitation to you to order goods.
(2) Images of the goods in our online shop are only approximate, unless their suitability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but rather descriptions or markings of the goods. Customary deviations and deviations due to legal regulations or technical improvements, as well as the replacement of components with equivalent parts, are permissible as long as they do not impair their suitability for the contractually intended purpose. We also reserve the right to make deviations in structure and color compared to the display item or the goods specifically depicted in the online shop, provided these are inherent in the nature of the materials used (in particular solid wood, veneers, natural stone slabs, leather, textile products) and are customary in the trade. Items are generally sold without decoration.
(3) You can place one or more items in your shopping cart. During the ordering process, you will provide the necessary information and details regarding payment method, delivery conditions, etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract. Immediately after submitting your order, you will receive an email confirming receipt of your order. This email does not constitute a purchase contract. (Note: Please check whether the description of the process is correct or can be implemented as described. The correct labeling of the order button is particularly important. This should read "order with payment")
(4) We are entitled to accept your offer within three working days by sending a shipping confirmation or an order confirmation (for self-collection) by email. After the expiration of the period specified in sentence 1, your offer will be deemed rejected, and you are no longer bound by it. (Note: Please check whether this process is implemented in your shop; it is important that such an email follows (automatically) within three working days.)
§ 3 Customer information: Storage of the contract text and correction notice
(1) Your order, along with details of the concluded contract (e.g., type of item, etc.), will be stored by us. We will also send you the General Terms and Conditions by email. You can also access the General Terms and Conditions at any time after the contract has been concluded via the website of our online shop. As a registered customer, you can access your past orders via the customer login area.
(2) You can correct your entries at any time before submitting your order by clicking the delete key. We will inform you of further correction options as you progress through the ordering process. You can also completely terminate the ordering process at any time by closing the browser window.
§ 4 Prices and payment methods
(1) Our prices include statutory VAT, but do not include shipping costs. Customs duties and similar charges are the customer's responsibility. Complete pricing information will be displayed during the ordering process. (Note: Please check and implement the information regarding shipping costs and other price components ("incl. VAT") is mandatory. Different shipping costs (domestic/international) may need to be specified here.)
(2) In our online shop, you can pay by credit card, purchase on account, advance payment, and PayPal, all against invoice (which will be sent by email and may also be included in our acceptance). However, we reserve the right not to offer certain payment methods for each order and to refer you to other payment methods, which are also free of charge. There is no entitlement to a specific payment method.
§ 5 Retention of title
(1) The goods remain the property of the seller until the purchase price has been paid in full and the goods have been dispatched.
(2) If the Buyer is a merchant within the meaning of the German Commercial Code (HGB), the goods remain the property of the Seller until all obligations arising from this contractual relationship have been fully fulfilled. However, the Buyer has a contractually inherent right to release the goods from the Seller in the event of subsequent overcollateralization.
(3) The buyer undertakes to inform any third party who receives the goods from him or at his instigation of the retention of title.
(4) The buyer must treat the goods subject to retention of title with care.
(5) Any change of location and interventions by third parties, in particular seizures, must be notified to the Seller immediately.
§ 6 Right of withdrawal for consumers
Every customer who is a consumer has a statutory right of withdrawal, about which he will be informed on the website of our online shop and by email.
§ 7 Warranty
(1) Consumers’ liability for defects
The statutory regulations apply to consumers. More information on warranties and guarantees can be found here.
(2) Limitation of liability rights for defects (warranty) vis-à-vis entrepreneurs
Warranty claims for defects in the purchased item shall expire one year from the transfer of risk. Excluded from this provision are the following claims:
- for damages
- due to fraudulently concealed defects
- from any guarantee given
- recourse under Sections 445a and 478 of the German Civil Code
- due to defects in building materials and components which have been used for a building in accordance with their usual purpose and which have caused its defectiveness.
The statutory limitation periods apply to these excluded claims. In the event of a warranty period, the longer period applies in favor of the buyer.
§ 8 Non-participation in a dispute resolution procedure and online dispute resolution
(1) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(2) The European Commission provides a platform for online dispute resolution (ODR), which can be found here: ec.europa.eu/consumers/odr/. This platform is intended to offer consumers the opportunity to resolve disputes arising from online contracts out of court. Our email address is: support@widewheelz.com
§ 9 Liability
We exclude liability for slightly negligent breaches of duty, provided these do not concern essential contractual obligations, damages resulting from injury to life, body, or health, warranties, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives.
The essential contractual obligations include, in particular, the obligation to hand over the item to you and to transfer ownership of it to you. Furthermore, we must provide the item to you free of material and legal defects.
§ 10 Final provisions
(1) If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the business relationship between us and the customer shall be, at our discretion, our place of business or that of the customer. However, in these cases, our place of business shall be the exclusive place of jurisdiction for any legal action against us. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected by this provision.
(2) The relationship between us and the customer is governed exclusively by the laws of the Federal Republic of Germany, unless the customer is a consumer and mandatory provisions of his or her place of residence apply. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) does not apply.
Status of the General Terms and Conditions: December 16, 2024
