Woow Club GmbH
Commercial register: HRB 223370
Register court: Berlin (Charlottenburg)
1 Scope of application
These terms and conditions apply to all purchases from Woow Club GmbH, which are made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
2 Conclusion of contract
The presentation of our goods and the granting of the possibility to place an order does not constitute a binding offer on our part.
Only your order represents an offer to us to conclude a purchase contract. To place an order, you can place goods in your shopping cart, log in to our site, register or enter your personal data, then check your entries on the overview page and, by confirming the order in the final step of the ordering process, make a binding purchase offer for the goods contained in the shopping cart. You can cancel the order at any time by pressing the “Cancel” or “Back” button and by closing the browser window. The overview page that appears before you complete the order allows you to check your entries again for input errors and, if there is an input error, to correct it by pressing the “Back” button.
If you place an order with us, we will send you an e-mail to the e-mail address you provided, confirming receipt of your order and listing its details (order confirmation).
This order confirmation does not constitute an acceptance of your offer, but is merely intended to inform you that we have received your order.
A sales contract with us is only concluded when we ship the ordered product to you and confirm the shipment to you with a second e-mail (shipment confirmation).
3 Prices and shipping costs
The marked prices are final prices including sales tax. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. The shipping costs are shown separately in the order overview. You shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation. When exercising your right of withdrawal, we will refund the purchase price including the delivery costs of the outbound shipping.
Payment is made by means of:
Immediate bank transfer
By providing the credit card number in the order, we are authorized to collect the purchase price amount from your credit card account specified in the order.
5 Default of payment
If you are in default of payment, we are entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If we can prove that we have incurred higher damages as a result of the delay, we shall be entitled to claim such damages.
6 Right of retention
You are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
(1) Delivery shall be made to the delivery address specified by you, but only within the Federal Republic of Germany.
(2) If force majeure (natural disasters, war, civil war, terrorist attack, etc.) makes the delivery or any other service permanently impossible, our obligation to perform shall be excluded. Any amounts already paid shall be refunded by us without delay.
(3) We shall also be entitled to refuse performance insofar as this requires an effort which, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to your interest in the performance of the purchase contract. Amounts already paid will be refunded by us without delay.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. We expressly point out that these goods are not carried into the house.
8 Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by opening for functional testing.
(2) Insofar as you have revoked the contract, you shall bear the costs of the return shipment. In the case of a return due to another right, e.g. a defect, you can write to us and then receive a fully stamped and addressed return label enclosed with the delivery of goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased costs compared to a less expensive shipping method.
9 Retention of title
Until full settlement of all claims against you arising from the purchase contract, the delivered goods remain our property. As long as this reservation of title exists, you may neither resell nor dispose of the goods; in particular, you may not contractually grant third parties any use of the goods.
10 Rights in case of defects
(1) If a product is already defective at the time of delivery (warranty case), we will replace it with a defect-free product or have it professionally repaired (supplementary performance) at our expense, at your discretion. It is pointed out to you that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) In the case of damage caused by you through misuse or improper use.
b) In the case of damage caused by the fact that the products have been exposed to harmful external influences on your premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, we do not provide any warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of subsequent performance requested by you (replacement delivery or repair) requires an effort that is grossly disproportionate to your interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for you – your claim shall be limited to the respective other type of subsequent performance. Our right to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.
(4) Both in the case of repair and in the case of replacement delivery, you are obliged to send the product at our expense to the return address specified by us, stating the order number. Before sending the product, you must remove the items you have inserted from the product. We are not obligated to inspect the product for the insertion of such items. We shall not be liable for the loss of such items unless it was readily apparent to us at the time the product was returned that such an item had been inserted into the product (in which case we will inform you and hold the item for you to collect; you will bear the costs incurred in doing so).
(5) If you return the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If you were able to use the goods in a defect-free condition between delivery and return, you shall reimburse the value of the benefits derived by you. You must pay compensation for the value of any loss or further deterioration of the goods that did not occur as a result of the defect and for the impossibility of returning the goods that did not occur as a result of the defect in the period between delivery of the goods and return of the goods. You do not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if we are responsible for the deterioration or destruction or if the damage would also have occurred at our premises,
c) if the deterioration or loss has occurred at your premises although you have exercised the care which you are accustomed to exercising in your own affairs.
(6) Your liability for damages in the event of a breach of the obligation to return the goods for which you are responsible shall be governed by the statutory provisions.
(7) You may, at your option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by him, which are governed by the relevant warranty conditions.
(9) The statutory warranty from us ends two years after delivery of the goods. The period begins with the receipt of the goods.
(1) In the event of slight negligence, we shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. We shall not be liable for any other damage caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of any fault on our part, any liability on our part shall remain unaffected in the event of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by us.
(3) We shall also be responsible for the impossibility of delivery occurring by chance during our delay, unless the damage would also have occurred in the event of timely delivery.
(4) The personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence shall be excluded.
12 Applicable law
The contract concluded between you and us shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall not affect the mandatory provisions of the state in which you have your habitual residence.
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Berlin.
14 Protection of minors
If goods are purchased that are subject to the protection of minors, an age verification will be carried out by appropriate measures to verify your identity and age. The goods will only be handed over if you can prove that you are of age.
15 Dispute resolution
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
16 Final Provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged thereby.
(2) Contract language is German. The text of the contract will not be stored after the conclusion of the contract. You will receive the order details by means of the order confirmation with all details to the e-mail address you have provided. You can view our terms and conditions and cancellation policy at any time on our site and save or print them using the print function of your browser.
(3) Changes or additions to this contract must be made in text form.