Terms & conditions
1. Scope of Application
The following terms and conditions apply for all orders through our online shop.
We expressly object to any conflicting Terms and Conditions of business you may use. The language of the agreement is German.
2. Contractual Partner, Conclusion of Contract
The contract of sale is concluded with cyber-Wear Heidelberg GmbH, Elsa-Brändström-Strasse 4, 68229 Mannheim, Germany, represented by its managing directors: Mr. Steven Baumgaertner and Mr. Roman Weiss.
The presentation and promotion of products in our online shop is not a binding offer to conclude a purchase contract.
The ordering process consists of four steps. In the first step, you select the desired goods. In the second step, you enter your information, including billing address and possibly a different delivery address, if you have not already stored this information in your customer account. In the third step, you select the desired payment method. In the fourth step, you can check all the details (e. g. name, address, payment method, ordered goods) again and can correct details if necessary, before confirming your order by clicking the button "order now". By ordering you declare your binding contract offer. We will confirm receipt of the order immediately. The confirmation of receipt does not constitute binding acceptance of the order. We are entitled to accept the contract offer contained in the binding order within two days after receipt of order by e-mail, fax, telephone, mail or by notifying the dispatch of the goods. The contract only becomes binding upon acceptance.
We will save the text of the contract and send you the order information and our General Terms and Conditions via e-mail. You can also view the General Terms and Conditions on this page and download them from here at any time. Your previous orders can be viewed in our customer login area.
3. Prices and Delivery Charges
All prices in our online store are inclusive of VAT. The specified product prices do not include costs for shipping. For details on shipping costs, please refer to our prices in our online shop under "Delivery costs". The purchase price, including VAT and applicable shipping costs will also be displayed in the order form before you send the order.
4. Payment and Right of Retention
In our shop, you can select from the following methods of payment:
Creditcard: VISA & MasterCard
The right of retention is available only for those counterclaims that are due and that are based on the same legal relationship as your commitment.
5. Delivery Conditions, Delivery, Availability
5.1 General Delivery Conditions
We are entitled to partial delivery, to the extent this is reasonable to you.
The delivery time is 1-3 working days, unless otherwise agreed.
Delivery shall be carried out through cyber-Wear Heidelberg GmbH by DHL within germany, in all other countries by UPS. You will receive a message from us as soon as the goods have been prepared for dispatch.
Unless otherwise agreed, we will deliver within the Federal Republic of Germany.
In principle, all products displayed on the site are available in stock. The obligation to deliver shall not apply if the seller is not supplied properly and on time, or is not responsible for the lack of availability. Should goods be unavailable, we will notify you immediately and any payments made in advance will be refunded immediately.
We only deliver goods via shipment. Customers cannot collect the goods themselves. Shipment to a so-called Packstation is possible.
5.2 Delivery and Service Delays
We are not accountable for service delays due to force majeure or due to extraordinary and unforeseeable events which cannot be prevented even through our utmost care (this particularly includes strikes, governmental or court orders and cases of incorrect or improper self-delivery despite pertinent hedging transaction). These circumstances entitle us to postpone the delivery for the duration of the impediment.
5.3 Rescission of Contract
In case of unavailability for the aforementioned reasons, we can withdraw from the contract. In these circumstances, we undertake to immediately inform you about the unavailability and to immediately reimburse you for any payments already made to us.
5.4 Default of Acceptance
Should you go into arrears in accepting the ordered goods, we are entitled, after a reasonable grace period, to cancel the contract and claim damages for delay or for non-performance. During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.
6. Retention of Title
Until full payment (including tax and shipping) has been made, the goods remain the property of Viessmann Werke GmbH & Co KG.
You must treat the purchase item with care, as long as a retention of title exists.
You transfer any claim or replacement that you receive for the damage, destruction or loss of the delivered items, to us. If you are in breach of contract, in particular, in the case of default, we are entitled to take back the goods. In this case, the recovery of goods does not constitute a cancellation of the contract, unless we expressly declare this in writing.
7. Warranties and Guarantees
You have statutory warranty rights. A warranty claim can only arise with regard to the qualities of the product, reasonable variations in the aesthetic characteristics of the product are not subject to the warranty claim. To the extent guarantees are given in addition to warranty claims, the exact conditions in each case can be found with the product. Possible guarantees do not affect the warranty rights.
7.2 Warranty for Consumers
The risk of accidental loss or deterioration of the goods sold will only pass on to you with the delivery of the goods. If you realise that the packaging is damaged when it arrives or notice any damage after receiving the goods, we ask you to communicate this. However, there is neither a requirement for such a notification, nor does a failure to communicate this affect your warranty rights. If the goods are defective, you can elect to demand performance in the form of either repair or replacement. If deficiencies are not corrected even after two attempted repairs, you are entitled to withdraw from the contract or receive a reduction.
7.3 Warranty for Businesses
With regard to businesses, divergent to the statutory warranty provisions, in the case of a defect, we reserve the right to choose between the repair or delivery of a new item. The risk of accidental loss or deterioration passes to you at the time the item is handed over to the person responsible for its transportation. Businesses must report obvious defects in writing immediately and non-obvious defects immediately after discovery; otherwise the assertion of warranty claims is excluded. Sending the report in good time will be sufficient to meet the deadline. The business customer bears the full burden of proof in relation to the preconditions for all claims, in particular, for the defect itself, for the time of discovery of the defect, and for making the complaint within the deadline.
7.4 Rights for Minor Defects
Should only an insignificant defect exist, you are only entitled to an adequate reduction of the price while excluding the right of withdrawal.
7.5 Damages for Defects
We accept no responsibility for damages that are caused by improper handling or use. We explicitly refer to the following liability disclaimer.
We are only liable for damage caused, if this is based on a breach of a essential contractual duty or deliberate or grossly negligent conduct on our part, by our legal representatives or our agents. If an essential contractual obligation is violated due to slight negligence, the liability shall be limited to the foreseeable typical damage.
Towards business customers, we are liable in case of a grossly negligent breach of non-essential contractual duties only for the amount of the foreseeable, typical damage.
An essential contractual obligation exists for commitments whose fulfilment makes the proper execution of the contract possible or on whose observance the customer has relied or was entitled to rely.
Our liability for damages from injury to life, limb or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.
9. Final Provisions
It is agreed that the exclusive jurisdiction for all disputes arising from this contract is our place of business, provided you are a merchant, a legal entity under public law or public special assets or if you have no jurisdiction in the Federal Republic of Germany.
9.2 Applicable Law
Unless mandatory provisions of law per your national law exist, German law applies, excluding the CISG as agreed.
9.3 Severability Clause
The ineffectiveness of individual provisions shall not affect the validity of the remaining terms and conditions.