General terms and conditions (GTC)
1. Basics
a) The present General Terms and Conditions ("GTC") of Brüniger & Co. Engineering GmbH, on behalf of Wafe Technology GmbH, (hereinafter referred to as "Wafe") apply to all services and products ("Products") from Wafe. Any natural or legal person who enters into a business relationship with Wafe is referred to as a customer.
b) Deliveries, services and offers from Wafe are made exclusively on the basis of these General Terms and Conditions, even if they are not expressly agreed again. With the ordering of goods or services, these General Terms and Conditions are deemed to have been accepted. Deviations from the General Terms and Conditions are only effective if Wafe confirms them in writing.
2. Quotation and Order
a) Wafe products can be purchased in the online shop or in dedicated shops. A list of retail stores is available on the website.
b) Wafe's offers in the online shop, in shops, in price lists, offers and advertisements are non-binding. Orders are only accepted via the online shop.
c) All information in our sales documents (images, dimensions, weights and other properties) are to be understood as guide values and do not represent any guarantee of properties unless they are expressly designated as binding in writing.
d) When placing an order in the online shop, Wafe will confirm receipt of the order to the customer by sending a confirmation e-mail. This order confirmation serves to inform the customer that the order has been received by Wafe.
3. Prices and Shipping Costs / Payments
a) All prices are given in euros including statutory VAT.
b) When ordering in the online shop, a payment surcharge will be charged depending on the payment method.
c) The shipping costs are charged additionally for an order in the online shop. They vary depending on the order quantity and the shipping location. They are shown separately in the online shop during the ordering process.
d) When ordering in the online shop, the total amount to be transferred, including shipping costs and any payment surcharge, is listed before the order is triggered.
e) Payment is made according to the options offered by the online shop.
f) The price for purchases in designated sales shops can be seen on the packaging or is specified by the sales staff. The payment options are according to the technical possibilities of the shops.
4. Delivery / Shipping
a) With this shop, Wafe supplies the European area excluding Switzerland and Liechtenstein.
b) If the items ordered are available from stock, they will be shipped after receipt of the money, resp. after successful payment by credit card within 3-5 working days. Otherwise the customer will be informed when delivery is possible. In the event of a delay in delivery of more than 14 days, the customer has the right to withdraw from the order by registered letter. Payments already made by the customer will be refunded in this case (excluding shipping costs and excluding payment surcharge for credit card payments). If paying by credit card, the refund will be made by crediting the credit card. In the case of prepayment, the refund will be made with a bank transfer. In this case, the letter must either include a deposit slip or clear details of the bank account to which the refund should be transferred.
c) Differences in quantity must be reported to the weapon in writing immediately upon receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must also be reported in writing immediately after receipt of the goods.
5. Guarantee / Warranty
a) Weapon guarantees that the warming effect of the sole occurs during continuous walking according to the measurements in the test laboratory. Weapon explicitly points out that without movement there is no heating.
b) Wafe does not guarantee that the customer will have warm feet when wearing the sole. The sensation of warm feet depends on many factors. In addition to the quality of the shoes used, a wide variety of influencing factors are responsible for the perception of heat. After all, the feeling of warmth is a subjective assessment of well-being.
c) Claims against weapons are only available to the direct purchaser and are not assignable.
6. Disclaimer and Limitation of Liability
a) Claims for damages against Wafe due to impossibility of performance, breach of contract, culpa in contrahendo and tortious acts are excluded, unless intentional or grossly negligent action is involved.
b) Any liability for consequential damage resulting from the use of the products sold by Wafe
rejected.
c) Liability for normal wear and tear is excluded.
d) The above exclusion of liability also applies to Wafe's legal representatives and vicarious agents if the customer asserts claims against them.
7. Return Policy
a) If the customer returns the purchased goods within 14 days in perfect, undamaged condition and in the original packaging, the full purchase price will be refunded. Return shipping costs are the responsibility of the buyer. It is desirable to state a reason for the return, but it is not mandatory. When paying by credit card, the refund will be made by crediting the credit card. In the case of prepayment, the refund will be made with a bank transfer. In this case, the return must either be accompanied by a payment slip or clear details of the bank account to which the refund should be transferred must be provided.
b) Wafe refunds the sales value (excl. shipping costs and excl. any payment surcharge for credit card payments) in the event of a return.
8. Privacy
a) Wafe is entitled to use the data received about the buyer in connection with the business relationship, regardless of whether it originates from the buyer himself or from third parties, within the meaning of the federal law on the Federal Data Protection Act (BDSG).
to process.
b) Wafe's data protection regulations apply.
9. Severability
a) Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.
10. Jurisdiction
a) Zurich is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
Munich & Ottenbach, November 2022 / V1.0