General Terms and Conditions

1. Scope of Application

1.1 These General Terms and Conditions shall apply to all orders placed through the online shop of

whymars GmbH
Schäferweg 70f
48599 Gronau

– hereinafter referred to as the “Seller” –

by consumers and entrepreneurs.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

1.3 These Terms and Conditions shall also apply to entrepreneurs unless explicitly stated otherwise in the following provisions.

1.4 Any deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if the Seller has expressly agreed to their validity in writing or in text form.

1.5 The contract languages are German and English. In the event of interpretation discrepancies, the German version shall prevail.

2. Contractual Partner, Customer Account, Guest Orders

2.1 The purchase contract is concluded with the Seller named in section 1.1.

2.2 Customers may place orders either via a customer account or as a guest.

2.3 The data requested during registration for a customer account must be provided completely and truthfully. The customer is obliged to keep their access data confidential and to protect it against unauthorized access by third parties.

2.4 There is no entitlement to registration or to the permanent availability of a customer account.

3. Offer and Conclusion of Contract

3.1 The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding invitation to place an order.

3.2 By clicking the order button, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

3.3 The Seller shall immediately confirm receipt of the order by email. Such confirmation of receipt does not yet constitute acceptance of the offer unless acceptance is expressly declared therein.

3.4 The contract shall only be concluded when the Seller accepts the customer’s offer by sending a shipping confirmation by email or by dispatching the goods to the customer.

3.5 The Seller stores the contract text in accordance with statutory provisions. The order data and these Terms and Conditions are made available to the customer during the ordering process.

4. Prices and Shipping Costs

4.1 The prices displayed in the online shop at the time of the order shall apply.

4.2 For consumers, all stated prices are final prices including statutory value-added tax, where applicable, plus any shipping costs incurred.

4.3 For entrepreneurs, prices shall be understood, unless otherwise indicated in the shop or offer, as plus the applicable statutory value-added tax.

4.4 Shipping costs shall be displayed separately during the ordering process.

4.5 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which shall be borne by the customer. These include, in particular, costs for money transfers by credit institutions as well as import duties, taxes, customs duties or other public charges.

5. Payment Terms

5.1 The customer may use the payment methods indicated in the online shop. Payment processing is carried out in particular via PAYONE and Klarna.

5.2 The Seller reserves the right not to offer certain payment methods in individual cases or to refer the customer to specific payment methods.

5.3 Insofar as payment is processed via payment service providers such as PAYONE or Klarna, their contractual terms and privacy policies shall additionally apply.

5.4 If payment in advance has been agreed, payment shall be due immediately upon conclusion of the contract.

5.5 If the customer is in default of payment, the statutory provisions shall apply.

6. Delivery, Delivery Time, Shipping, Transfer of Risk

6.1 Delivery shall be made by parcel shipment to the delivery address specified by the customer.

6.2 Unless otherwise stated in the respective offer, the estimated delivery time is approximately 1 week from the conclusion of the contract or, in the case of advance payment, from receipt of payment.

6.3 If the Seller is unable to accept the customer’s order, for example because the ordered goods are unavailable, the customer shall be informed thereof without undue delay. Any consideration already provided shall be reimbursed without undue delay.

6.4 Delivery is subject to correct and timely self-supply if the Seller has entered into a specific covering transaction and is not supplied correctly or on time by its supplier through no fault of its own and the Seller informs the customer thereof without undue delay. Statutory rights of the customer shall remain unaffected.

6.5 For consumers, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the consumer only upon delivery of the goods to the consumer or a person authorized to receive them.

6.6 For entrepreneurs, the risk of accidental loss and accidental deterioration shall pass upon handover to the transport company, carrier or other person or institution designated to carry out the shipment.

7. Retention of Title

7.1 The delivered goods shall remain the property of the Seller until full payment has been made.

7.2 In relation to entrepreneurs, the following shall additionally apply: The Seller retains title to the goods until all claims arising from the ongoing business relationship have been settled in full.

8. Right of Withdrawal for Consumers

8.1 Consumers are generally entitled to a statutory right of withdrawal in the case of distance contracts.

8.2 Details are set out in the Seller’s separate cancellation policy.

8.3 If the consumer exercises their right of withdrawal, the consumer shall bear the direct costs of returning the goods, provided that the Seller has properly informed the consumer thereof.

9. Statutory Warranty for Defects

9.1 The statutory warranty law shall apply.

9.2 Consumers shall be entitled to the full statutory warranty rights.

9.3 In relation to entrepreneurs, the following shall additionally apply:

a) The limitation period for claims for defects in newly manufactured goods shall be one year from the transfer of risk, insofar as legally permissible.
b) The statutory provisions shall apply to claims for damages, claims based on fraudulent concealment of defects, in the event of an assumed guarantee and in all cases of mandatory statutory liability.
c) Entrepreneurs must inspect the goods without undue delay after delivery and notify recognizable defects without undue delay. If proper inspection or notice of defects is omitted, the statutory provisions shall apply, in particular section 377 of the German Commercial Code (HGB), insofar as applicable.

10. Liability

10.1 The Seller shall be liable without limitation

a) in cases of intent and gross negligence,
b) in cases of injury to life, body or health,
c) under the provisions of the German Product Liability Act,
d) insofar as the Seller has assumed a guarantee, and
e) in all other cases of mandatory statutory liability.

10.2 In the event of a slightly negligent breach of an essential contractual obligation, the Seller’s liability shall be limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.

10.3 Otherwise, the Seller’s liability shall be excluded.

10.4 The above limitations of liability shall also apply in favor of the Seller’s legal representatives, employees and vicarious agents.

11. Provisions for Entrepreneurs

11.1 If the customer places an order as an entrepreneur, the customer is obliged to provide truthful information regarding their entrepreneurial status during the ordering process.

11.2 The Seller is entitled to request suitable proof of entrepreneurial status in individual cases.

11.3 In relation to entrepreneurs, set-off is only permitted against undisputed or legally established claims. A right of retention may only be exercised insofar as it is based on claims arising from the same contractual relationship.

12. Applicable Law and Place of Jurisdiction

12.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and the Seller shall be the Seller’s registered office.

13. Dispute Resolution

13.1 The Seller is not willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final Provisions

14.1 Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

14.2 Mandatory statutory provisions shall remain unaffected.