General terms and conditions
1. Range of application
The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent 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 independent professional activity.
With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The sales contract is concluded with Wizion.
By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can 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 tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is either in german or in english.
We store the contract text and send you the order data and our terms and conditions by e-mail.
4. Delivery conditions
In addition to the stated product prices, shipping costs may be added - all details can be found on the following page: Shipping Information.
We deliver in principle in the dispatch way. A pickup of the goods is only possible by arrangement.
5. Reservation of ownership
The goods remain our property until full payment. For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
For consumers applies:
If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for defect claims shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any 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 rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall 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 case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in case of breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed upon
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and objections at firstname.lastname@example.org.
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be 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 warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.
We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Intellectual Property Rights
Our goods are protected by intellectual property rights. All intellectual property rights (in particular trademarks, patents, designs, samples, know-how, ideas, models, drawings, etc.) with regard to our goods shall remain exclusively with us. You are therefore only entitled to use our goods as intended. However, you are in particular not entitled to manufacture our goods or reproductions of our goods yourself or to have them manufactured by third parties, to reproduce them, to further develop them or to infringe our intellectual property rights in any other way.
If you are an entrepreneur, German law shall apply 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 shall be our registered office.