Terms and Conditions
Owner: Heiko Hummler
- General, scope of application
1.1. For the business relationship between the webshop provider of ChaWuDu, shopkeeper Heiko Hummler (hereinafter referred to as ChaWuDu) and the consumer (hereinafter referred to as the Customer), these General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order.
- Contract conclusion
2.1. The order must be placed in the form of a letter, e-mail or fax with the completed order form (via the link in Online Shop). In all cases, the customer undertakes to provide all data required for the order truthfully and completely.
2.2. The presentation of the products in ChaWuDu's online shop does not constitute an offer to conclude a sales contract, but merely provides the customer with information. If the customer places an order, this constitutes an offer to ChaWuDu to conclude a purchase contract. Before placing an order, the customer can correct his entries at any time using his keyboard and mouse by using the usual functions.
2.3. ChaWuDu will immediately confirm the receipt of the order in an e-mail sent to the e-mail address provided by the customer (confirmation). This confirmation does not constitute an acceptance of the customer's order and does not constitute a commitment to its execution. ChaWuDu may, however, combine the confirmation with a declaration of acceptance with regard to the execution of the order (acceptance). Insofar as ChaWuDu makes use of this option, it will, in addition to confirming receipt of the order, expressly confirm the execution of the order and thus the conclusion of the contract for the ordered goods. Otherwise, the contract shall come into effect at the latest upon delivery of the goods to the customer.
2.4. With the conclusion of the contract concluded in the confirmation by ChaWuDu, the customer receives the order data and these general terms and conditions in an email.
2.5. Partial deliveries are permissible.
3.1. The ordered goods will be delivered by ChaWuDu within one week after payment of the purchase price (see clause 5). The delivery will be made to the delivery address indicated by the customer.
3.2. If no items of the product selected by the customer are available, ChaWuDu will inform the customer of this immediately.
3.3. In the event of a delay in delivery of more than two weeks from confirmation of the order, the customer has the right to withdraw from any contract that has already been concluded, without prejudice to his right of revocation. If the product is permanently unavailable, ChaWuDu is also entitled to withdraw from any contract already concluded; any payments already received by ChaWuDu from the customer will be refunded immediately.
- Prices and shipping costs
4.1. All prices, which are indicated on the website of the provider, are to be understood including the respectively valid legal value added tax.
4.2. The shipping costs are shown in the online shop via the link "Shipping costs" and can be called up there.
4.3. The goods are sent by parcel service or postal service. If the customer has given a different address than the one given by the customer and the delivery is not accepted there, ChaWuDu will charge the customer the additional shipping costs for a new delivery.
4.4. The goods will be shipped to the customer within two working days of receipt of payment if possible. The customer will be informed of any delays by ChaWuDu.
4.5. As far as you are granted a right of revocation (cf. item 10), you have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 40.00 or, in case of a higher price of the goods, if you have not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return of the goods is free of charge for you.
5.1. Invoices are to be paid in advance or cash on delivery. Special terms of payment (e.g. by invoice, foreign order, etc.) require agreement.
- Retention of title
6.1. The goods remain the property of ChaWuDu until full payment has been received.
- Liability and compensation
7.1. ChaWuDu is liable without limitation in the event of intent and gross negligence, in the event of culpable injury to life, body or health, in the event of defects which it has maliciously concealed, within the framework of product liability and other mandatory liability regulations or in the event of the issue of a quality or durability guarantee.
7.2. In the event of culpable violation of essential obligations (obligations whose violation endangers the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (obligations whose fulfilment is essential for the proper execution of the contract and on whose fulfilment the customer regularly trusts) ChaWuDu is also liable in the event of simple negligence, but only for the typical contractual damage foreseeable at the time of the conclusion of the contract.
7.3. Any further claims for damages, in particular for financial losses of the customer, are excluded.
7.4. Insofar as the liability of ChaWuDu is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of ChaWuDu.
- Choice of law
8.1. German law shall apply to every contract concluded between ChaWuDu and the customer, including these General Terms and Conditions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2. Should one or more provisions of these General Terms and Conditions of Business be invalid, void or incomplete, the remaining provisions shall remain unaffected.
- Notes on data processing
9.1. ChaWuDu collects data of the customer in the context of the processing of contracts. In doing so, it observes the provisions of the relevant data protection regulations. Without the express consent of the customer, ChaWuDu will only collect, process or use inventory and usage data of the customer to the extent that this is necessary for the processing of the business relationship with the customer. The stored data will be transferred to parcel service providers within the framework of the order processing.
9.2. Without the express consent of the customer, ChaWuDu will not use the customer's data for advertising, market or opinion research purposes.
9.3. Furthermore, with regard to the customer's consent and further information on the collection, processing and use of data, reference is made to the data protection declaration, which can be called up in printable form at any time on the ChaWuDu website by clicking on the button Data Protection.
- Revocation policy