Terms of Service
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
1. Area of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Applicable law
10. Code of Conduct
11. Alternative dispute resolution
12. Affiliate program
13. B2B Cooperation, Contractual Partner, Conclusion of Contract
1) AREA OF APPLICATION
1.1 These General Terms and Conditions (hereinafter "GTC") of T&B Distribution GbR (hereinafter "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters 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 independent professional activity.
2) CONCLUSION OF THE CONTRACT
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
The Customer may submit the offer via the online order form integrated into the
Seller's online store. In doing so, after placing the selected goods in the virtual
shopping cart and going through the electronic ordering process, the customer
submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail or by post.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer's order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by its declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment shall be
processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, the payment shall be
processed via the payment service provider Amazon Payments Europe s.c.a., 38
avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon
Payments" as the payment method during the online ordering process, the customer shall also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the seller's online order form, the text of the
contract shall be stored by the seller after the conclusion of the contract and
transmitted to the customer in text form (e.g. e-mail, fax or letter) after the
customer's order has been sent. The seller shall not make the text of the contract
accessible beyond this. If the customer has set up a user account in the seller's
online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before bindingly placing the order via the seller's online order form, the customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer 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.
2.8 German and English languages are available for the conclusion of the contract.
2.9 Order processing and contacting usually take place via e-mail and automated
order processing. The customer shall ensure that the e-mail address provided for
order processing is accurate so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) RIGHT OF REVOCATION
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) PRICES AND TERMS OF PAYMENT
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 Payment option(s) will be communicated to the customer in the seller's online
4.3 If a payment method offered via the payment service "Shopify Payments" is
selected, the payment will be processed via the payment service provider Stripe
Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) DELIVERY AND SHIPPING CONDITIONS
5.1 Delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the
delivery address specified in the seller's order processing shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is
responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply regarding the costs for the return shipment if the
customer effectively exercises his or her right of revocation. If the customer
effectively exercises his or her right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3 Self-collection is not possible for logistical reasons.
6) RESERVATION OF OWNERSHIP
If the seller makes advance payment, he retains ownership of the delivered goods
until the purchase price owed has been paid in full.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 If the purchased item is defective, the provisions of the statutory liability for
defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious
transport damage to the deliverer and to inform the seller thereof. If the customer
does not comply with this, this shall have no effect on his statutory or contractual
claims for defects.
8) REDEMPTION OF CAMPAIGN VOUCHERS
8.1 Vouchers issued free of charge by the seller as part of promotions with a specific validity period and which cannot be purchased by the customer (hereinafter "Promotion Vouchers") can only be redeemed in the seller's online store and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
8.3 Promotion vouchers can only be redeemed before the order process is
completed. Subsequent offsetting is not possible.
8.4 Several promotional vouchers can also be redeemed for one order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.8.8
The promotional voucher shall not be refunded if the customer returns the goods
paid for in full or in part with the promotional voucher within the scope of his
statutory right of revocation.
8.9 The promotional voucher is intended only for use by the person named on it.
Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) APPLICABLE LAW
The law of the Federal Republic of Germany shall apply to all legal relationships
between the parties to the exclusion of the laws on the international purchase of
movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
10) CODE OF CONDUCT
- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
11) ALTERNATIVE DISPUTE RESOLUTION
The EU Commission provides a platform for online dispute resolution on the
Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes
arising from online purchase or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution
procedure before a consumer arbitration board.
12) AFFILIATE PARTNER PROGRAM
to the affiliate partner program of the website www.wldoho.de
The partner (in connection with GoAffPro) provides advertising material/links within the framework of this program, which the partner embeds on its website so that users of the partner site can reach the WLDOHO site.
§ 1 APPLICATION / EXAMINATION OF THE
(1) Persons over the age of 18 who operate a legal website and are domain owners are eligible to participate.
(2) The following content may not be communicated by the Website, nor actively
- Violence or glorification of violence in any form (including sexual, towardshumans and also animals).
- Drugs or drug trivialization
(3) The website must be designed in such a way that it is not possible to confuse it with the website www.wldoho.de, nor may the impression be created of a connection between the partner and WLDOHO that goes beyond this partner program.
(4) The examination of the application is carried out by WLDOHO at its own
discretion. An application can be rejected without justification.
§ 2 OBLIGATIONS OF THE PARTNER
(1) WLDOHO provides a selection of images to its partner, who creates a clearly
recognizable link to the website of WLDOHO from its home page.
(2) The correct technical integration is the responsibility of the partner. Unauthorized
redesign of the advertising banners is expressly prohibited.
(3) There must be an active click by the users of the partner site, forced clicks are
(4) The partner is obliged to update the linking of the product data on a daily basis.
§ 3 PROHIBITED ADVERTISING MEASURE
(1) Search engine marketing and participation in adware networks are prohibited.
The partner is prohibited from booking advertising space in search engines or paid ad placements, e.g. in Google AdWords or sponsored links, which are related to WLDOHO and the company's product range. Add-ons, iFrames, layers, postview tracking, pop-ups and -unders as well as direct forwarding are also prohibited.
(2) Keyword advertising and targeting are only possible after prior consultation with WLDOHO.
(3) Vouchers that appear in customer newsletters or print and online advertisements may not be advertised without the prior consent of WLDOHO.
(4) Ad placement is operated by WLDOHO itself. The partner is free to book other
keywords and to participate in other partner programs.
(5) Tell a friend is not permitted (!) Use of the affiliate program in an e-mail
marketing tool is generally not permitted, but may be approved under certain
conditions. The approval must be in writing and is in any case subject to the statutory provisions, as well as competition and consumer law. This includes, among other things, the double opt-in procedure, an imprint and the possibility to unsubscribe. The partner must be evident as the sender, not WLDOHO.
(6) The partner may not carry out his own advertising measures in the name of
(7) Use of and links to hot deals, coupons, discount codes pages are prohibited.
§ 4 REVISIT & LAST COOKIE WINS
(1) A user who arrives at the website of WLDOHO via a partner remains assigned to the respective partner by cookies for 1 day. With each visit by user, the period of 1 day is restarted.
(2) If the user of a partner site is referred by another partner, the last-cookie-wins
model applies, i.e. the 1-day period expires and the new, last referring partner
receives the commission.
§ 5 PROVISION
(1) WLDOHO pays the partner a commission of 30% on the "actually generated net sales" according to the "click per sale" method.
(2) "Actually generated net sales" are revenues that WLDOHO generates from the
sale of goods in its own name during the term of the contract. The basis for
calculation is the net sales price of the product actually invoiced by WLDOHO. The price must be paid in full by the customer, amounts refunded to customers through complaints or vouchers are not part of the "net sales actually generated". Other service prices that may be incurred, such as shipping, handling and gift wrapping costs, are also not part of the "actual net sales generated".
§ 6 PAYMENT
(1) Payment will be made only to partners with valid bank account and valid invoice with tax number.
(2) A payment is made monthly from a minimum amount of 0 euros, after providing an invoice with tax number.
(3) Payments shall only be made automatically if the necessary bank details (IBAN) have been entered and information as to whether credit notes with or without VAT are desired. If after reaching a commission entitlement within a period of 12 months no bank details have been deposited, the entitlement to the commission shall expire.
(4) Credit balances on the accounts shall not bear interest. Charges for foreign
transfers are offset against the credits.
(5) WLDOHO reserves the right not to pay out any credit if the partner is suspected of fraud or has violated these terms and conditions.
§ 7 CANCELLATION / REMOVAL OF ADVERTISING MEDIA
This agreement is concluded for an indefinite period of time and can be terminated by the partner at any time without notice by removing the advertising banners (linking). The partner must inform WLDOHO of this in writing. The right to
extraordinary termination remains unaffected by this, especially in the case of
violation of these conditions of participation. In this case, the partner has no claim to payment of the commission acquired up to that point. In this case, the partner has to remove the advertising material from his website immediately.
12) B2B COOPERATION, CONTRACT PARTNERS, CONCLUSION OF CONTRACT
The purchase contract is concluded with T & B Distribution GbR. The contracting
parties submit an offer on the basis of the completed order form. With the
confirmation on our part and the sending of the invoice a contract is concluded.
§ 1 Terms of payment
The Buyer shall make the payment in such a way that the amount is received by the Seller no later than on the 14th day after receipt of the invoice.
§ 2 Delivery conditions
The seller undertakes to deliver to the named place of residence/place of business of the buyer. For his part, the buyer undertakes to accept the object of purchase.
§ 3 Warranty
The sale is provided by private under exclusion of any warranty. Otherwise, the
statutory warranty provisions apply.
The warranty period begins with the acceptance of the goods and ends after two years.
§ 4 Retention of title
The delivered goods (reserved goods) remain the property of the seller until full
payment of all claims arising from this contract.
§ 5 Liability
Unless otherwise agreed, the liability of the seller, its legal representatives and
vicarious agents shall be limited to the statutory provisions.
§ 6 Jurisdiction
The place of jurisdiction is the registered office of the seller.
§ 7 Miscellaneous
a) Amendments and supplements to the agreements made and to these terms and conditions must be made in writing to be effective. This shall also apply in the event of the amendment of a clause.
b) Should one or more provisions of this contract be or become legally invalid, this
shall not affect the validity of the remaining provisions. The invalid provision shall be replaced as soon as possible by another provision which comes as close as possible to the economic content of the legally invalid provision.
c) The buyer has the obligation to comply with all requirements of the seller. In
addition, the buyer is prohibited from advertising in the form of SEA or similar on our brand name. The marketing and selling of the above-mentioned item on
marketplaces where the seller markets its products is strictly prohibited.