1.1. The following General Terms and Conditions (GTC) shall apply to all, including future, business relations between the contractual partner (hereinafter "Buyer") and the
profiles group GmbH
Im neuen Felde 65
29525 Uelzen
HBR Lüneburg 209848
The Seller is simultaneously the seller of the offers presented on the page www.wavetray.de.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.3 These GTC apply exclusively. Any terms and conditions of the Buyer that conflict with or deviate from these GTC shall not be recognized unless the Seller has expressly agreed to their validity in writing. These GTC shall also apply if the Seller sells with knowledge of terms and conditions of the Buyer that conflict with or deviate from these GTC.
1.4. Individual agreements made in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC.
2. Conclusion of contract2.1 The Seller offers the goods displayed on the site www.wavetray.de for sale. The product descriptions contained do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Buyer. The colour representation of the items on the website may vary slightly depending on the internet browser used and the monitor settings of the Buyer.
2.2 The Buyer may submit his offer via the online order form integrated in the Seller's online shop. In doing so, the Buyer first selects the corresponding goods. After entering the personal data, all order data as well as payment and shipping conditions are displayed again on the order overview page.
2.3 By clicking the button that concludes the ordering process, the Buyer submits a legally binding contractual offer with regard to the previously selected goods. The Seller may accept the Buyer's offer within seven days,
In the event that several of these alternatives are available, the contract shall come into effect at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the seven-day period, this shall be deemed as a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the seventh day following the sending of the offer.
2.4 The available payment options will be displayed to the buyer during the ordering process.
2.5 The Seller ships within Germany. Further information on shipping can be found here.
2.6 The content of concluded contracts is sent to the buyer via e-mail. Order processing and contacting also take place via e-mail and automated order processing. The Buyer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the Seller can be received at this address.
2.7 In the event of obstacles to delivery or other circumstances that would prevent the fulfilment of the contract, the Seller shall inform the Buyer via e-mail.
2.8 Before bindingly placing the order via the Seller's online order form, the Buyer can identify possible input errors by carefully reading the information displayed on the screen. The buyer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
3. Contract language and storage of the text of the contract3.1. The languages available for the conclusion of the contract are German and English.
3.2. The seller does not store the text of the contract on his system. However, the customer has the possibility to print the contract text before placing the order by using the print function of the browser during the last step of the order process. The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by him.
4. Shipping and delivery4.1 Delivery shall be made to the delivery address specified by the Buyer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order form shall be decisive.
4.2 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on the Seller's website or in the respective offer.
4.3 If the delivery of the goods fails for reasons for which the Buyer is responsible, the Buyer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the Buyer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the Buyer, the provisions of the Seller's revocation instructions shall apply to the costs of returning the goods.
4.4. It is not possible to pick up the goods by the customer at the registered office of the seller.
5. Retention of titleIf the seller provides advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
6. Right of withdrawalConsumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's withdrawal instructions.
7. Warranty for material defects and guarantee7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2. A guarantee for goods delivered by the seller only exists if it has been expressly given. Customers will be informed about the guarantee conditions before the order process is initiated.
7.3. If the customer is a business or businessman, he has to check the goods immediately after delivery to ensure that they have the contractually defined quality (in particular the number, identity and condition of the delivered goods) and are suitable for the intended purpose. Should the delivered goods have obvious defects, this must be reported immediately upon receipt of the goods in text form, stating the order date, invoice number and item number. In any case, the notice of defects is delayed if it is not received by the seller within 7 working days starting from the receipt of the goods, including the day of receipt. Hidden defects are to be reported in writing immediately, at the latest within 5 working days after their discovery.
7.4 If the complaint is not made in accordance with section 7.3 of these General Terms and Conditions, the delivery shall be deemed to have been approved and warranty claims shall be excluded.
7.5. Notwithstanding the liability provisions of these GTC, material defects shall become time-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are mandatory by law.
8. Liability8.1. In the event of a breach of essential contractual obligations, whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on the part of the seller, on the part of our legal representatives or vicarious agents, the liability is limited to the amount of the damage foreseeable at the time of conclusion of the contract, which may typically be expected to occur.
8.2 The Seller shall also be liable to the Buyer from all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
Otherwise, claims for damages are excluded.
8.3. The above liability provisions shall also apply with regard to the liability of the Seller's vicarious agents and legal representatives.
9. Final provisions9.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. However, German law shall not apply to consumers with permanent residence outside of Germany, as far as their national law contains regulations which cannot be deviated from by contract at the disadvantage of the consumer.
9.2. If the customer is a business or businessman within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the parties agree that the place of jurisdiction is the registered office of the seller.
9.3. Should individual provisions of these GTC prove to be ineffective or impracticable, this shall not affect the validity of the remaining provisions.
10. Alternative dispute resolution10.1. The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2. The seller is neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration body.