General Terms And Conditions

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 purchase contract is concluded with EWWK GmbH.

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.

3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.

The contract text is not stored by us.

4. Delivery conditions

In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.

You have the option of picking up the goods at EWWK GmbH, Im Schelmen 11, 72072 Tübingen, Germany during the business hours stated below: Mon-Fri: 9:00 to 16:00 hours.

5. payment

The following payment methods are available in our shop:

payment in advance
If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash on delivery
You pay the purchase price directly to the courier. There is an additional charge of 6 Euro.

PayPal
If you have chosen the payment method PayPal, in order to be able to pay the invoice amount, you must be registered there or register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.

PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.

If you have chosen the payment method PayPal, in order to be able to pay the invoice amount, you must be registered there or register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.

If you have chosen the payment method credit card, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be processed by your credit card company at PayPal's request immediately after confirmation of the payment order and your legitimacy as a legal cardholder and your card will be debited. You will receive further information during the ordering process.

If you have chosen the payment method direct debit, you do not have to be registered with PayPal to be able to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called prenotification). PayPal asks its bank to initiate the payment transaction, submitting the direct debit mandate immediately after confirmation of the payment order. The payment transaction will be executed and your account debited. You will receive further information during the ordering process.

If you have chosen the payment method invoice, you do not have to be registered with PayPal to be able to pay the invoice amount. After successful address and credit check and submission of the order, we assign our claim to PayPal. In this case you can only pay to PayPal with debt-discharging effect. In addition to our general terms and conditions, PayPal's general terms and conditions and data protection declaration apply to payment processing via PayPal. Further information and the complete terms and conditions of PayPal for invoice purchase can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=en_EN.
Only customers residing in Germany can use the PayPal payment methods by direct debit and invoice.

Sofort
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To be able to pay the invoice amount immediately, you must have an online banking account with PIN / TAN procedure activated to participate in Sofort, have yourself authorized and confirm the payment order to us. You’ll get more information during the ordering process. The payment transaction will be immediately executed by Sofort and your account debited.

6. Retention of Title

The goods remain our property until full payment is received.

Additionally applicable for business customers: We retain title for the goods until full settlement of all claims from a current business relationship. You are entitled to resell the reserved goods in the ordinary course of business; all receivables resulting from this resale – regardless of any connection or commingling of the goods with a new product – will be included in the invoice amount to us in advance, and we will accept this assignment. You retain authority to collect receivables, but we may also collect receivables in the event that you do not meet your payment obligations.

7. transport damage

For consumers:
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 statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.

For entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

7. Warranties and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects law shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods may be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty or fraudulent intent
  • 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)
  • within the scope of a guarantee promise, if agreed
  • insofar as the scope of application of the Product Liability Act has been opened up.

Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.

8. Warranties and Guarantees

Unless expressly agreed otherwise below, the statutory warranty rights apply.

For consumers, the limitation period for warranty claims for used items is one year from date of delivery.

For business customers, the statute of limitations is one year after the transfer of risk; the statute of limitations for the right of recourse pursuant to § 478 of the German Civil Code remains unaffected.

With regard to business customers, only our own data and the product description of the manufacturer which have been included in the contract shall apply as an agreement on the product description; we assume no liability for public statements by the manufacturer or other advertising messages.

If the delivered goods are defective, we will compensate our business customers at our discretion by either curing the defect (rectification) or by providing goods that are free from defects (substitute delivery).

These restrictions and time limits do not apply to claims due to damage caused by us, our legal representatives or vicarious agents for loss of life, limb or health

  • in the case of negligence or wilful misconduct as well as malice
  • in the event of intentional or grossly negligent breach of duty or fraudulent intent
  • For breach of contractual obligations, for which the fulfilment of due performance of the Contract would not be possible and upon which the contracting partner usually relies (cardinal obligations)
  • within the framework of any promises of guarantee, if agreed
  • insofar as the scope of the Product Liability Law is introduced.

Information on any applicable additional guarantees and their exact conditions can be found with each product and on specific information pages in the online shop.

9. liability

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 case of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • - 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 performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the 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.

10. Code of Conduct

We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf

11. settlement of disputes

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

12. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we will ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The deliverer only hands over the goods after the age check has been carried out and only to the orderer personally.

13. concluding provisions

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.

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