1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Terms of delivery and shipping
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Exemption in case of violation of third party rights
9. Redemption of vouchers
10. Applicable law
11. Place of jurisdiction
12. Information on online dispute resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as “T&C”) of “Weststrand Ventures GmbH” (hereinafter referred to as “Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller for the goods offered by the Seller in its online shop. The inclusion of the customer’s own terms and conditions is objected to, unless otherwise agreed.
1.2 A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to its commercial nor its self-employed professional occupation.
1.3 Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of its commercial or self-employed professional occupation.
2. Conclusion of contract
2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the Seller.
2.2 First the Customer places the selected goods in the shopping cart. In the following step, the ordering process begins, in which all data required for order processing is recorded.
At the end of the ordering process a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button concluding the ordering process does the Customer submit a binding offer to purchase the goods contained in the shopping cart.
The Customer can also submit this offer to the Seller by fax, email, post or telephone.
2.3 The Seller accepts the Customer’s offer through the following possible alternatives:
Sending a written order confirmation or an order confirmation in text form (fax or e-mail) or
Request for payment to the Customer after the order has been placed or
Delivery of the ordered goods
Decisive for the time of acceptance is the first alternative that occurred.
The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall constitute rejection of the offer. The Customer is then no longer bound by its declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer is stored by the Seller. The Customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions will be sent to the customer by email. After completion of the order, the text of the contract is no longer visible online by the Customer.
2.5 All entries made are displayed before clicking the order button and can be viewed by the Customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, the Customer can use buttons for correction, if available, which are labeled accordingly.
2.6 The contract language is German.
2.7 It is the Customer’s responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3. Prices and terms of payment
3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, further duties, taxes or fees may have to be paid by the Customer to the customs or tax authorities responsible there or to credit institutions.
The Customer is advised to inquire about the details at the respective institutions or authorities before placing an order.
3.3 The Customer can choose the payment methods that are available in the online shop.
3.4 In case of payment by “PayPal”, the payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of Paypal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4. Terms of delivery and shipping
4.1 The delivery of goods on the dispatch route is made to the delivery address indicated by the Customer. Notwithstanding the above, in the case of payment by PayPal, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless the incorrect information or impossibility of delivery is beyond the Customer’s control. The same shall apply in the event that the Customer was temporarily prevented from accepting the service, unless the Seller has given the Customer reasonable advance notice of the service. Excluded from this provision are the costs of sending the goods if the Customer has effectively exercised its right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall apply.
4.3 Collection by the Customer is not offered.
4.4 Vouchers are provided to the Customer in the following form:
*by e-mail
*by download
*by post
5. Right of withdrawal
5.1 If the Customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 For the right of withdrawal, the cancellation policy of the Seller applies.
5.3 Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract shall have no right of withdrawal.
6. Retention of title
If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these T&C.
7.2 The Customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller about it. Failure to do so shall not affect the Customer’s statutory or contractual claims for defects.
8. Exemption in case of violation of third party rights
Insofar as the Seller owes the Customer in accordance with the contract not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer shall ensure that the contents provided by the Customer to the Seller for this purpose do not infringe the rights of third parties. The parties to the contract agree that the Customer shall indemnify the Seller against claims of third parties in this connection, unless the Customer is not responsible for the infringement. The indemnification also includes the assumption of the reasonable costs of the necessary legal defence including all court and attorney’s fees to the statutory amount. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, completely and truthfully with all information required for the examination of the claims and a defence.
9. Redemption of vouchers
9.1 Vouchers which the Seller issues free of charge within the framework of (advertising) campaigns with a certain period of validity and which the customer cannot purchase (“promotional vouchers”) can only be redeemed in the Seller’s online shop and only within the period of time specified by the Seller.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion.
The specific restrictions can be found in the promotion voucher.
9.4 Promotional vouchers can only be redeemed before the order process is completed. There will be no subsequent charging.
9.5 Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
9.6 The value of the goods in each order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.8 The credit balance of a promotional voucher is neither paid out nor subject to interest.
9.9 The promotional voucher will also not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of its statutory right of withdrawal.
9.10 The promotional voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The Seller has the right, but not the obligation, to verify the material eligibility of the respective gift voucher holder.
10. Applicable law
10.1 The law of the Federal Republic of Germany shall apply, excluding the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the Customer as a consumer has its habitual residence, shall remain unaffected.
10.2 This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time of conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
11. Place of jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller.
If the Customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract, if this contract or claims arising from this contract can be attributed to the professional or commercial activity of the Customer.
Nevertheless, in the above-mentioned cases, the Seller is also entitled to appeal to the court at the Customer’s place of business.
12. Information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.