Terms and Conditions
General Terms and Conditions
for the online shop at the URL
operated by
Julian Wunsch
Julian Wunsch
Obere Giglstraße 1
92721 Störnstein
Email: contact@wunschproducts.de
Telephone number: +49 157 53317126
- hereinafter: Provider -
1. Scope
These General Terms and Conditions (GTC) apply, upon their incorporation, to all contracts concluded for the purchase of goods, services or other items (hereinafter "Goods") in the online shop at the above URL in the version valid at the time the contract is concluded. These GTC apply exclusively. Any conflicting GTC of the customer shall not form part of the contract unless the Provider expressly agrees to them.
2. Conclusion of the Contract
2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the Goods offered in the shop.
2.2 The order of the Goods is placed via the Provider's online order form. After selecting the desired Goods, entering all requested mandatory information and completing all other mandatory steps in the ordering process, the selected Goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer to purchase the selected Goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance occurs when the Provider confirms the conclusion of the contract in writing or in text form (e.g. by email) (Order Confirmation) and this Order Confirmation reaches the customer, or when the Provider delivers the ordered Goods and these Goods reach the customer, or when the Provider requests payment from the customer (e.g. invoice or credit card payment during the ordering process) and the request for payment reaches the customer; the time of conclusion of the contract is determined by the time when one of the alternatives mentioned in the first half of the sentence first occurs.
2.3 Before bindingly submitting the order via the Provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries will be displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.
2.4 The Provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g. by email). No further making available of the contract text by the Provider shall take place.
2.5 The following languages are available for the conclusion of the contract: German
.
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity. Details can be found in the cancellation policy, which shall be made available to every consumer at the latest immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory value added tax as well as any listed shipping costs. The customer is informed about the available payment options in the Provider's online shop.
4.2 If payment by credit or debit card is agreed, the purchase price becomes due immediately after the conclusion of the contract.
4.3 If payment via "PayPal" is agreed, the purchase price becomes due immediately after the conclusion of the contract. Payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
5. Retention of Title
The purchased Goods remain the property of the Provider until full payment of the purchase price.
6. Delivery and Reservation of Self-Delivery
6.1 Unless otherwise agreed, delivery shall take place within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 Self-collection of the purchased Goods is excluded.
6.3 If the Provider cannot deliver the ordered Goods because it has not been delivered itself through no fault of its own, although it had timely concluded a congruent hedging transaction with a reliable supplier, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contracting partner shall be refunded to them immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The provisions of the statutory warranty for defects apply.
8. Liability and Indemnification
8.1 The Provider shall be liable without limitation:
- for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a statutory representative or vicarious agent of the Provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by a statutory representative or vicarious agent of the Provider;
- due to a guarantee promise, unless otherwise agreed;
- due to strict liability (e.g. under the Product Liability Act)
8.2 If the Provider negligently breaches an essential contractual obligation, its liability shall be limited to typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Essential contractual obligations are those imposed on the Provider by the contract according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and whose compliance the customer may regularly rely on.
8.3 Otherwise, the liability of the Provider as well as the liability of its vicarious agents and statutory representatives is excluded.
8.4 The customer shall indemnify the Provider against any third-party claims – including the costs of legal defense to the extent required by law – brought against the Provider due to unlawful or contract-violating actions of the customer.
9. Data Protection
The Provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the Provider's privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer habitually resident in the EU being deprived of the mandatory statutory provisions of the law of their state of residence.
10.2 If the customer is a trader, a public law entity, or a special fund under public law, the court at the Provider's registered office shall have jurisdiction, unless exclusive jurisdiction has been established for the dispute. This also applies if the customer does not have a residence within the European Union. Our company's registered office can be found in the heading of these GTC.
10.3 If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Mediation
The Provider is not willing or obliged to participate in dispute resolution proceedings before a consumer mediation body.
Our email address can be found in the heading of these GTC.