Terms of service

General Terms and Conditions, Customer Information

1 Basic Provisions

(1) The following terms and conditions apply to all contracts concluded between you and us as the provider:
Ges. bürgerlichen Rechts Arkadiusz Buda & Stanislaw Piernik
Herbert-Jensch-Str. 111
15234 Frankfurt (Oder)
Germany
Phone: +49 (0) 175 44 55 264
Email: info@warmandcold.de

via our shop at www.warmandcold-shop.de.

2 Consumers and Entrepreneurs

(1) Our offers are addressed to both consumers and entrepreneurs.

(2) In the following provisions, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person, or a legally capable partnership, who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

3 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) Listing an item on our site does not constitute a legally binding offer. The items presented on our shop pages are only a non-binding catalog of products.

(3) The following rules apply to the conclusion of the contract:

a) By clicking the “Add to Cart” button on the item pages, the goods you intend to purchase are placed in the “shopping cart.” The shopping cart is then displayed. You can also access the cart via the navigation bar at any time and make changes.

b) By clicking the “Checkout” button in the shopping cart, you are directed to enter your delivery information. Here, you can also log in with your account if you have previously created one.

c) After clicking “Continue to Shipping” and accessing the next page, you can choose the shipping method if multiple options are available.

d) After clicking “Continue to Payment” and accessing the next page, you can choose from various payment methods. You will also be asked to enter your billing address or confirm that it is identical to the delivery address.

e) After clicking “Review Order,” the order overview is displayed. If you choose a payment method such as PayPal, Sofortüberweisung, eps-Überweisung, or Bancontact, you will first be redirected to the login page of the respective payment provider. After successful login, you will be redirected back to the order overview page. Before submitting the order, you can check, modify, or cancel your order (including via the browser “back” function).

f) By clicking “Pay Now,” the order is submitted bindingly. The order receipt will be confirmed by an automatically generated email. This does not yet constitute acceptance of the offer. Acceptance occurs in writing, in text form, or by sending the ordered goods within one week.

g) All information required for the conclusion of the contract is sent partly automatically via email. You must ensure that the email address you provide is correct, that you can receive emails technically, and that emails are not blocked, e.g., by spam filters.

4 Contract Language, Contract Text Storage

(1) The contract language is German.

(2) The complete contract text is not stored by us. Before submitting the order, you can print or save the contract data electronically using your browser. After we receive your order, the order data, legally required information for distance contracts, and the terms and conditions are sent to you again via email.

5 Essential Characteristics of Goods or Services

The essential characteristics of the goods and/or services are described in the product description and additional information on our website.

6 Prices, Shipping Costs, and Payment Methods

(1) The prices and shipping costs listed in the offers are total prices, including all taxes.

(2) Shipping costs are not included in the purchase price. They are displayed via a corresponding button on our website or in the product description, will be shown separately during the order process, and must be paid by you unless free shipping is explicitly promised.

(3) Available payment methods are shown via a corresponding button on our website or in the product description.

(4) Unless otherwise stated, payment claims from the concluded contract are immediately due.

7 Delivery Conditions

(1) Delivery conditions, delivery dates, and any restrictions are shown via a corresponding button on our website or in the product description.

(2) Unless a different period is specified, delivery of goods takes place within 2–5 days after conclusion of the contract (for prepayment, after the payment instruction).

(3) If you are a consumer, the risk of accidental loss or deterioration of the sold goods during shipping passes to you only upon delivery, regardless of whether the shipment is insured. This does not apply if you have independently commissioned a carrier or person not named by the entrepreneur.

(4) If you are an entrepreneur, delivery and shipping are at your risk.

8 Right of Retention, Retention of Title

(1) You may only exercise a right of retention for claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

9 Warranty

(1) Statutory warranty rights apply.

(2) If you are an entrepreneur, deviations apply:

a) Only our own specifications and the manufacturer’s product description are considered agreed qualities of the goods; other advertising, public promotions, or statements by the manufacturer are not.

b) You must inspect the goods immediately and carefully for quality and quantity deviations and notify us of obvious defects within 7 days of receipt in writing. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later. Failure to inspect or notify excludes warranty claims.

c) In case of defects, we will remedy the defect or deliver replacement goods at our discretion. If remedy fails, you may demand a price reduction or withdraw from the contract. A second unsuccessful attempt at remedying a defect is considered failed unless circumstances indicate otherwise. We are not obliged to bear increased costs for transporting goods to a location other than the fulfillment place unless consistent with intended use.

d) The warranty period is one year from delivery. Exceptions include damages caused by gross negligence or willful misconduct, personal injury, or recourse claims under §§ 478, 479 BGB.

10 Liability

(1) We are fully liable for damages from injury to life, body, or health. We are also fully liable for intent, gross negligence, fraudulent concealment of defects, guarantees, and other statutory cases.

(2) Liability for defects under statutory warranty is regulated in the general terms and conditions.

(3) For essential contractual obligations, liability for slight negligence is limited to typical, foreseeable damages. Essential obligations are those whose breach would endanger the purpose of the contract or whose fulfillment makes proper execution possible.

(4) Liability for minor contractual obligations is excluded in cases of slight negligence.

11 Guarantees

(1) Additional guarantees and their conditions, if any, are described on the product pages of our online shop.

(2) Declared guarantees do not affect your statutory warranty rights.

12 Dispute Resolution / OS Platform

(1) The European Commission provides a platform for online dispute resolution (OS platform) at https://ec.europa.eu/consumers/odr/ for disputes related to online purchase or service contracts.

(2) We are neither willing nor obligated to participate in dispute resolution before a consumer arbitration board.

Battery Disposal Instructions

We are legally required to inform you about battery disposal: Used batteries sold by us or contained in delivered devices can be returned to us free of charge.

As an end-user, you are legally obligated to return used batteries.

The symbols on the batteries have the following meanings:

• A crossed-out trash can means the battery must not be disposed of in household waste.

• Hg = Battery contains more than 0.0005% mercury by weight

• Cd = Battery contains more than 0.002% cadmium by weight

• Pb = Battery contains more than 0.004% lead by weight

Disclaimer

Despite careful content control, we assume no liability for external links. The content of linked pages is the responsibility of their operators.