Terms and Conditions
General Terms and Conditions
www.widewheelz.com / www.widewheelz.de
§ 1 Scope, Customer Information: Contract Language
(1) The following general terms and conditions (hereinafter also referred to as GTC) govern the contractual relationship between Living Better GmbH, Huttropstraße 60, 45138 Essen and the consumers and companies who purchase goods through our online shop. Conflicting or deviating conditions from our terms and conditions are not recognized by us. In the case of a purchase in one of our retail stores, different terms and conditions apply.
(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 compliance again after integrating all documents. We would generally recommend switching from an order form to a shopping cart system.)
(1) The offers on our website constitute a non-binding invitation to you to order goods.
(2) Images of goods in our online shop are only approximately authoritative, unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics but descriptions or markings of the goods. Commercial deviations and deviations due to legal regulations or technical improvements, as well as the replacement of components with equivalent parts, are permitted as long as they do not impair usability for the contractually intended purpose. Deviations in structure and color compared to the exhibition piece or the goods specifically shown in the online shop are also reserved, insofar as these are inherent in the nature of the materials used (especially solid wood, veneers, natural stone slabs, leather, textile products) and are commercially customary. The items are generally sold without decoration.
(3) You can add one or more items to the shopping cart. During the ordering process, you provide the necessary data and preferences regarding payment method, delivery options, etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract. Immediately after sending your order, you will receive an email confirming receipt of your order with us. This email does not yet constitute a purchase contract. (Note: please check whether the description of the process is correct or can be implemented this way. It is especially important that the order button is labeled correctly. It should read "order with obligation to pay")
(4) We are entitled to accept your offer within 3 working days by sending a shipping confirmation or an order confirmation (in case of self-collection) via email. After the unsuccessful expiry of the period mentioned in sentence 1, your offer is considered rejected and you are no longer bound by your offer. (Note: please check whether the process is implemented this way in your shop; it is important that such an email follows within three working days (automated))
§ 3 Customer information: storage of the contract text and correction notice
(1) Your order with details of the concluded contract (e.g., type of item, etc.) is stored by us. We also send you the terms and conditions by email. Additionally, you can access the terms and conditions at any time after the conclusion of the contract via the website of our online shop. As a registered customer, you can access your past orders through the customer login area.
(2) You can correct your entries at any time before submitting the order using the delete key. We inform you about further correction options during the ordering process. You can also terminate the ordering process completely at any time by closing the browser window.
§ 4 Prices and payment methods
(1) Our prices include the statutory VAT, but not shipping costs. The customer must bear customs duties and similar charges. The complete price information will be shown to you during the ordering process. (Note: please check and implement, the indication of shipping costs and other price components ("incl. VAT") are mandatory. Different shipping costs (domestic/foreign) may need to be specified here.)
(2) In our online shop, the payment methods credit card, purchase on account, prepayment, and PayPal are available to you, each against invoice (which is 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 to other payment methods, which are also free of charge for you. There is no entitlement to a specific payment method.
§ 5 Retention of title
(1) The goods remain the property of the seller until full payment of the purchase price and delivery.
(2) If the buyer is a merchant within the meaning of the Commercial Code, the goods remain the property of the seller until full fulfillment of all obligations arising from this contractual relationship. However, the buyer has an inherent contractual claim for release against the seller in the event of subsequent over-collateralization.
(3) The buyer undertakes to inform any third party who receives the goods from him or at his instigation about the retention of title.
(4) The buyer must handle the goods subject to retention of title with care.
(5) Every change of location as well as interventions by third parties, especially seizures, must be reported to the seller immediately.
§ 6 Right of withdrawal for consumers
Every customer who is a consumer has a statutory right of withdrawal, about which they are informed on the website of our online shop as well as by email.
§ 7 Warranty
(1) Consumer defect liability rights
The legal regulations apply to consumers. More about warranty & guarantees here.
(2) Limitation of warranty rights (guarantee) towards entrepreneurs
Warranty claims for defects of the purchased item expire one year after the transfer of risk. The following claims are excluded from this provision
- for damages
- due to fraudulently concealed defects
- from any given warranty
- for recourse claims under §§ 445a, 478 BGB
- due to defects in building materials and components that have been used according to their usual application for a building and have caused its defectiveness.
The statutory limitation periods apply to these excluded claims. In the case of any given 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 a dispute resolution procedure before a consumer arbitration board.
(2) The European Commission provides a platform for online dispute resolution (ODR), which you can find at ec.europa.eu/consumers/odr/. This platform is intended to give 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, unless these concern essential contractual obligations, damages resulting from injury to life, body, or health, guarantees, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and legal representatives.
Essential contractual obligations include, in particular, the obligation to deliver the item to you and to transfer ownership to you. Furthermore, we must provide you with the item free from 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 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 choice, our place of business or that of the customer. However, for claims against us, our place of business shall be the exclusive place of jurisdiction in these cases. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.
(2) The relations between us and the customer are exclusively subject to the law of the Federal Republic of Germany, unless the customer is a consumer and mandatory provisions of their 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 Terms and Conditions: December 16, 2024
