General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Qwox-Shop.com) via the website www.Qwox-Shop.com. Unless otherwise agreed, any terms and conditions you may use are hereby rejected.
(2) A consumer, as defined in the following provisions, is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is a natural or legal person or a legal partnership who, when entering into a legal transaction, is acting in the exercise of their trade, business, or profession.
§ 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By posting the respective product on our website, we make a binding offer to conclude a contract through the online shopping cart system, subject to the conditions specified in the item description.
(3) The contract is formed through the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time. After clicking the "Checkout" or similar button and entering your personal data as well as payment and shipping conditions, you will be presented with the order data as an order overview. If you use an instant payment system (e.g., PayPal), you may be directed to the order overview page on our online shop or to the website of the provider of the instant payment system. If directed to the instant payment system, make the appropriate selection or enter your data. You will then be shown the order data as an order overview on the provider's website or after returning to our online shop. Before submitting the order, you have the opportunity to review, change, or cancel the information on the order overview. By submitting the order via the corresponding button, you are making a binding offer, thereby accepting the offer, which results in the formation of a contract.
(4) The processing of the order and the transmission of all necessary information related to the contract is automated and occurs by email. You must ensure that the email address you provide to us is accurate, that you can receive emails, and that the receipt of emails is not prevented by SPAM filters.
§ 3 Special Agreements Regarding Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout": If you choose a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is carried out by the payment service provider PayPal. The individual payment methods via "PayPal" will be displayed to you on our website under a correspondingly labeled button, as well as during the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be notified separately. You can find more information about "PayPal" at https://www.paypal.com/us/webapps/mpp/ua/legalhub-full.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the delivered goods immediately upon receipt for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the declaration of contract, and the deviation was expressly and separately agreed upon between the contracting parties.
§ 6 Choice of Law
(1) German law applies. This choice of law applies to consumers only to the extent that it does not deprive them of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country in which the consumer has their habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer Information
- Identity of the Seller
60320 Frankfurt am Main
Germany Phone: +496927292881 Email: firstname.lastname@example.org
Alternative dispute resolution: The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/odr.
We are willing to participate in dispute resolution proceedings before consumer arbitration boards.
- Information on the Formation of the Contract
The technical steps for forming the contract, the contract itself, and the options for correcting input errors are carried out in accordance with the provisions "Formation of the Contract" in our General Terms and Conditions (Part I).
- Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, you can print or electronically save the contract data using the browser's print function. After we receive your order, we will send you the order details, the legally required information for distance contracts, and the General Terms and Conditions via email once more.
- Codes of Conduct
4.1. We have submitted to the quality criteria of the Händlerbund Management AG buyer seal, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
- Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and Payment Methods
6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all components of the price, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a designated button on our website or in the respective offer, will be displayed separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. Any costs of money transfer (e.g., bank transfer fees or currency exchange fees) are to be borne by you in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.
6.4. The payment methods available to you are displayed under a designated button on our website or in the respective offer.
6.5. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
- Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a designated button on our website or in the respective offer.
7.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
- Statutory Warranty Rights
The warranty is governed by the provisions regarding "Warranty" in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information have been prepared by the legal experts of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/en/services/legal-security/terms-and-conditions-service.
Last updated on: July 1, 2023.