GTC
1. scope of application
The deliveries, services and offers of The Circular Company UG (haftungsbeschränkt), Wielenbach, which it provides or submits as a seller to consumers or companies, are made exclusively on the basis of these terms and conditions. They shall therefore also apply to all future business relationships, even if they are not expressly agreed again. These terms and conditions shall be deemed to have been accepted at the latest upon receipt of the goods or services. Counter-confirmations of the buyer with reference to his terms and conditions of business or purchase are hereby rejected.
Consumer is any natural person who concludes a legal transaction for purposes
which can predominantly be attributed neither to his commercial nor his self-employed
professional activity. An entrepreneur is a natural
or legal person or a partnership with legal capacity that acts in the exercise of its commercial or
independent professional activity when
concluding a legal transaction.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or&additional general terms and conditions, their validity is hereby
contradicted; they shall only become part of the contract if we have
expressly agreed to this.
2. contracting party, conclusion of contract
The purchase contract is concluded with The Circular Company UG (haftungsbeschränkt), Mühlenstraße 3, 82407 Wielenbach.
By placing the products in the online store, we submit a binding
offer to conclude a contract for these items. You can initially place our products
in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids 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 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 German.
We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.&
4. Lieferbedingungen
Shipping costs: The shipping costs can be found in the shipping conditions.
We only deliver by mail order. Self-collection of the goods is only possible by arrangement.
Widerrufsrecht
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last item.
You shall bear the direct costs of returning the goods in the event of withdrawal. The return costs for goods that cannot be sent by parcel post (e.g. furniture) are estimated at a maximum of €100.
To exercise your right of withdrawal, you must inform us by email hello@wye-design.com by means of a clear statement of your decision to withdraw from this contract. We will then process the return shipment with you. Return shipments without prior declaration to the address in the legal notice cannot be accepted.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
You can find the withdrawal form here: https://wye-design.com/policies/refund-policy
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
You bear the direct costs of returning the goods in the event of a withdrawal. The return costs for goods that cannot be sent by parcel post (e.g. furniture) are estimated at a maximum of €100.
Exclusion of the right of withdrawal for custom-made products:
In the case of contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer, there is no right of withdrawal (§ 312g para. 2 no. 1 BGB).
This applies in particular to products that:
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are only manufactured after receipt of the order,
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are produced according to individual dimensions, color requests or Designs,
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or are specially tailored to the customer through engraving, personalization or other modifications.
By placing the order, the customer expressly agrees that production of the item will begin immediately and that a right of withdrawal is excluded.
6. payment
The following payment methods are generally available in our store:
a) Payment in advance: When paying in advance, you must transfer the invoice amount to our account within 7 days of completing the order. When paying in advance, the stated delivery times apply from receipt of the money in our account. If the amount is not received in our account within 7 days, we can withdraw from the contract.
b) Payment via PayPal: You pay the invoice amount via the online provider PayPal. You must register with PayPal or you must be registered there, then legitimize yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process. After the amount has been credited to our account, the goods will be shipped.
c) Payment by credit card: Your credit card account will be debited immediately after completion of the payment process. All entries and checks relating to your payment are made and stored by the payment processor.
d) Payment by direct debit: When paying by direct debit, we are revocably authorized to collect the invoice amount from your specified account. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if you object to the debit although you are not entitled to do so, you must bear the costs and fees of the chargeback if you are responsible for this. The account will be debited before the goods are dispatched.
e) Payment via iDeal: You will be redirected to your participating Dutch bank. You can make the transfer in your bank's online banking. You will receive further instructions during the ordering process. After the amount has been credited to our account, the goods will be shipped.
f) Payment via EPS: You will be redirected to your participating Austrian bank. You can make the transfer in your bank's online banking. You will receive further instructions during the ordering process. Once the amount has been credited to our account, the goods will be dispatched.
g) Payment with Sofort by Klarna: In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.
h) Payment with Klarna: In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following optional payment options. Payment via Klarna is only available for consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
All payments are to be made without deduction to The Circular Company UG (haftungsbeschränkt). A payment shall only be deemed to have been made when we can freely dispose of the amount.
A set-off is excluded unless the set-off claim is undisputed or legally established or recognized by us in writing. You can only exercise a right of retention if the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim that arises from a claim in kind that entitles the customer to refuse performance, or if rights are asserted due to a defect.
General discount policy:
a) Unfortunately, discount codes cannot be taken into account retrospectively.
b) Discount codes are not applicable to reduced items.
7. retention of title
The goods remain our property until full payment has been made. For entrepreneurs, the following also applies: We reserve 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 remain&authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory
right of liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry&are excluded. Defects that occur within one year of delivery of the goods
may be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly
manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory
periods of limitation for the right of recourse according to § 445a BGB remain unaffected. In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially at our discretion provide warranty to entrepreneurs by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits shall not apply to
claims based on damages caused by us, our legal representatives
or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of breach of material contractual obligations, the fulfillment of which makes the
proper execution of the contract possible in the first place and on
whose compliance the contractual partner may regularly rely
(cardinal obligations)
- within the scope of a guarantee promise, if agreed
- insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees 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 by email at hello@wye-design.com
9. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- for injury to life, limb or health
- for intentional or grossly negligent breach of duty
- for 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 essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely;(cardinal obligations) due to slight negligence on our part, our legal&representatives or vicarious agents, liability shall be limited to the amount of 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. Final provisions
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 is our place of business.