Terms of service
Below you will find our terms and conditions. Unfortunately, these are also very long for us. Therefore, the following information seems important to us:
Washo has not yet had to deal with any customers in court and always seeks solutions in the interests of the customer. We want to keep this regardless of detailed terms and conditions in legalese.
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1These General Terms and Conditions (hereinafter "GTC") of Washo AG (hereinafter "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with respect to 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.
1.2A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 contract
2.1The 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.
2.2The 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.
2.3The 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 shall be decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end 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.
2.4If the customer chooses a payment method offered by PayPal, the payment will be processed by 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 PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for Payments without a PayPal account, available at 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.
2.5When 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 has sent his order. 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 shall be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.6Before bindingly placing the order via the Seller's online order form, the Customer can identify 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 enlargement 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.
2.7The German and English languages are available for the conclusion of the contract.
2.8Order processing and contacting usually take place via e-mail and automated order processing. The customer 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. 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 withdrawal
3.1Consumers are generally entitled to a right of revocation.
3.2More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1Unless 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.
4.2The payment option(s) will be communicated to the Customer in the Seller's online store.
4.3If 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.
4.4Purchase on invoice with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "Purchase on invoice" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
When you conclude the purchase contract, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept in addition to our terms and conditions, the terms and conditions of POWERPAY.
Following are the links to the terms and conditions:
- german: https: //www.powerpay.ch/de/agb
- français: https: //www.powerpay.ch/fr/agb
- italiano: https: //www.powerpay.ch/it/agb
The Seller further reserves the right to conduct a credit check when selecting the payment method purchase on account and to reject this payment method in case of a negative credit check.
4.5When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
5) Delivery and shipping terms
5.1Goods are delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2If 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 with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the Customer, the provision made in the Seller's revocation instructions shall apply to the return costs.
5.3Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
In case of defects we ask you to contact us in any case. Even if there is no warranty claim, we will check your case individually and see if there is a solution!
7.2The customer is asked to claim delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Place of jurisdiction and applicable law
The place of jurisdiction is Zug. However, we may also call upon the court at the customer's place of business. Swiss law shall apply exclusively, even if orders are placed from abroad or deliveries are made abroad. The parties shall endeavor to settle any disputes arising from the performance of this contract amicably. With the order of goods by the purchaser these general terms and conditions are considered accepted. Changes or additions to the general terms and conditions shall be made exclusively by us.
These general terms and conditions may be amended by us at any time.
Zug, October 2020