General terms and conditions of business
§1- Scope of application
The following general terms and conditions regulate the contractual relationship between WTZ Roßlau gGmbH (WTZ) and entrepreneurs or consumers who purchase items through this shop.
Insofar as the following General Terms and Conditions do not provide for other regulations, the statutory provisions of the German Civil Code applicable to the respective contractual relationship shall apply.
§2 – Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase the articles offered.
(2) You can add one or more products to the shopping cart. In the course of the ordering process you enter your data and wishes regarding payment method, delivery modalities etc.. Only when you click on the “Buy now” button do you make a binding offer to conclude a purchase contract.
(3) WTZ will immediately confirm the receipt of your order by e-mail (so-called confirmation of your order). This automatic confirmation of receipt does not constitute a binding declaration of acceptance. The acceptance of the offer takes place by e-mail by a notification of the conclusion of the order. With the receipt of this e-mail the purchase contract is concluded.
§3 – Downloadable products
If the object of purchase is a downloadable product, you can only download the product within 90 days after activation. The download products are copy-protected, which may not be circumvented except in the cases provided for by law.
§4 – Cancellation policy, cancellation form
(1) Right of withdrawal
You have the right to cancel this contract within ten days without giving any reason. The revocation period is ten days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. Conference tickets can be cancelled according to the conditions in §9.
In order to exercise your right of revocation, you must inform the WTZ (WTZ Roßlau gGmbH, fax: 034901883 0, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you withdraw from this contract, WTZ shall return to you all payments received by WTZ from you without undue delay and at the latest within fourteen days from the day on which WTZ received the notification of your withdrawal from this contract. For this repayment, we 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 for this repayment. Physical goods are to be returned to us by you immediately and at the latest within fourteen days, calculated from the day on which you have informed us of the cancellation of this contract. The deadline shall be deemed to have been met if the goods are dispatched within this period. The costs of the return are not taken over. You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for testing the quality, characteristics and functionality of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§5 – Delivery
(1) WTZ delivers physical products within 4-6 working days after receipt of payment, unless a shorter or longer period is expressly indicated in connection with the article offer. Feel free to contact us if you have not received your order.
Physical products will be shipped by WTZ to the notified delivery address, unless otherwise agreed. If additional costs are incurred due to culpably incorrect or incomplete address information (e.g. return carriage of undeliverable items), these must be reimbursed by you.
(2) You will receive the download link for download products in a separate e-mail after receipt of payment, as soon as the download is available.
(3) Please refer to the product page for any exceptions. Express deliveries are possible on request and against payment.
(4) In case of delays in delivery, WTZ will inform you immediately.
(5) In the event of
b) purchase requirements not fulfilled (e.g. no proof of student status for student tickets) or
c) unpaid invoice after two reminders or up to 2 days before the start of the event
of tickets, exhibitor space, evening event and other products, WTZ reserves the right not to accept your order. In this case, WTZ will inform you immediately and refund any consideration already received without delay.
§6 – Payment methods
(1) All prices are listed without value added tax, unless expressly stated otherwise.
(2) WTZ offers the following payment methods in this shop:
For online orders, you will receive the prepayment invoice by e-mail on the next working day at the latest. You undertake to pay the invoice amount without deduction no later than 14 working days after receipt of the request for payment. As soon as WTZ has received a payment, WTZ will send you the authorization to participate in the corresponding event, exhibition space or the ordered product.
Your credit card will be charged immediately after receipt of your order.
Your Giropay account will be debited immediately after receipt of your order.
(3) Due to an accumulation of fraud cases in the near past, we unfortunately had to make minor restrictions in some cases:
Orders that are shipped abroad can only be paid by prepayment, credit card or Giropay. Unfortunately, it is not possible to pay with Giropay for deliveries to the USA.
(4) The purchase price is due immediately and without deductions with the order, even if it is a partial delivery.
(5) A set-off on your part is only permissible if your claim is undisputed or legally binding.
§7 – Retention of title
The object of purchase shall remain the property of WTZ until payment has been made in full. This regulation does not apply to download products.
§8 – Liability
(1) The statutory warranty rights shall apply in accordance with the following provision.
(2) WTZ shall be liable in cases of intent or gross negligence on its part or on the part of its representatives or vicarious agents in accordance with the statutory provisions. Apart from that, WTZ shall only be liable according to the Product Liability Act, for injury to life, body, health, which are based on an at least slightly negligent breach of duty by WTZ or an intentional or grossly negligent breach of duty by its representatives or vicarious agents and for the culpable breach of essential contractual obligations. However, the claim for damages for the breach of essential contractual obligations shall be limited to the direct average damage which is foreseeable and typical for the type of contract; this limitation shall also apply to the liability of WTZ in cases of gross negligence if none of the exceptional cases listed in sentence 2 applies.
(3) However, liability for damage caused by the delivery item to legal assets of the customer, e.g. damage to other property, is completely excluded. This shall not apply in the event of intent or gross negligence or in the event of liability for injury to life, limb or health.
(4) The provisions of the above paras. 2 and para. 3 shall extend to damages in addition to performance and damages in lieu of performance, irrespective of the legal grounds, in particular due to defects, breaches of duty arising from the contractual obligation or from tort. They also apply to the claim for reimbursement of futile expenses. The liability for delay and for impossibility shall be determined in accordance with paras. 5 and 6.
(5) WTZ shall be liable for delays in performance in cases of intent or gross negligence on its part or on the part of one of its representatives or vicarious agents in accordance with the statutory provisions. However, WTZ’s liability in cases of gross negligence shall be limited to the direct average damage which is foreseeable and typical for the contract according to the nature of the subject matter of the contract, if none of the exceptional cases listed in sentence 5 of this provision applies. In all other respects, WTZ’s liability for damages in addition to and/or in lieu of performance shall be limited to 0.5 % for each full week of delay, but in total to a maximum of 10 % of the order value.
Further claims of the client are excluded – even after expiry of a deadline set by WTZ for performance. The above limitations shall not apply in the case of liability for injury to life, limb or health.
(6) Insofar as delivery is impossible, WTZ shall be liable in accordance with the statutory provisions in cases of intent or gross negligence on its part or on the part of one of its representatives or vicarious agents. However, in cases of gross negligence, WTZ’s liability shall be limited to the direct average damage that is foreseeable and typical for the type of contract, unless one of the exceptions listed in sentence 5 of this provision applies. In all other respects, the Customer’s claim for damages and for reimbursement of futile expenses shall be limited to 10% of the value of that part of the delivery which cannot be used due to the impossibility. Further claims of the customer due to impossibility of delivery or performance are excluded. This limitation shall not apply in cases of liability based on intent, gross negligence or injury to life, body or health. The right of the client to withdraw from the contract remains unaffected.
§9 – Personalization of conference tickets
Tickets are issued on a personal basis. If the participation of a person specified in the order is not possible, this ticket can be cancelled free of charge up to 14 days before the start of the conference. After this period the full purchase price is due. Alternatively, a substitute person can be nominated by sending an email to email@example.com. This person must also meet any existing requirements for the purchase of a ticket (e.g. student status). A new ticket will be created for this person and sent to the organizer email address specified when the order was placed. The substitute person is then deemed to be confirmed.
§10 – Warranty period
(1) The limitation period for claims and rights due to defects in deliveries and services – irrespective of the legal grounds – is one year. However, this does not apply in the cases of § 438 Para.1. No. 1 BGB, § 438 para. 1 No. 2 BGB, § 479 para. 1 BGB or § 634 a para. 1 No. 2 BGB, which are subject to a limitation period of three years.
(2) The limitation periods according to paragraph (1) shall also apply to all claims for damages against WTZ which are related to the defect – irrespective of the legal basis of the claim. Insofar as claims for damages of any kind exist against WTZ which are not related to a defect, the limitation period of paragraph (1) sentence 1 shall apply to them.
(3) The limitation periods under paragraphs (1) and (2) shall apply subject to the following:
a) The limitation periods do not generally apply in the case of intent.
b) The limitation periods shall also not apply if WTZ has fraudulently concealed the defect or if WTZ has assumed a guarantee for the quality of the deliveries and/or services. If WTZ has fraudulently concealed a defect, the statutory limitation periods which would apply in the absence of fraudulent intent shall apply instead of the periods specified in paragraph (1), to the exclusion of the extension of the period in the event of fraudulent intent pursuant to Sections 438 (1) and (2) of the German Civil Code. 3 or 634 a para. 3 BGB.
c) Furthermore, the limitation periods do not apply to claims for damages in the cases of the
injury to life, body or health or freedom, in the case of claims under the Product Liability Act, in the case of a grossly negligent breach of duty or in the case of breaches of material contractual obligations.
(5) Unless expressly provided otherwise, the statutory provisions on the commencement of the limitation period, the suspension of the running of the limitation period, the suspension and the recommencement of limitation periods shall remain unaffected.
§ 11 – Online dispute resolution platform
The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odr/.
§ 12 – Data protection and security
(1) WTZ appreciates your trust and takes the utmost care to protect your personal data from unauthorized access. The same applies to the updating of your stored data records as well as the maintenance and care of your customer account with WTZ.
(2) Your order, personal data and payment details are protected by technical security systems and additional authorisation procedures. The data necessary for the business transaction will be stored and passed on to associated companies within the framework of the order processing.
(3) WTZ also maintains an exchange of creditworthiness only with service companies approved for this purpose for the purpose of credit or creditworthiness checks, taking into account your interests worthy of protection in accordance with the statutory data protection provisions.
§ 13 – Final provisions
(1) Subsidiary agreements, amendments and additions to the contract must be made in writing to be effective.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance and jurisdiction for contracts with merchants shall be the registered office of WTZ.
(3) Should a provision in these terms and conditions or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.