General terms & conditions
1. Scope of application
The following General Terms and Conditions regulate the relationship between WOSS UG (haftungsbeschraenkt) (Germany) and customers placing orders through our online shop. The language of the contract is German.
2. Conclusion of contract
Our online presentation of the products is a non-binding offer for you to purchase goods.
You can place goods in your shopping cart and correct your entries at any time before clicking the order submission button. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. You can alternatively submit a binding order by email. The receipt confirmation of your order takes place by e-mail.
If we will not send you the confirmation within 7 working days, then your offer of purchase was refused. This means that your offer no longer binds you.
We offer you various payment methods as MOLLIE services.
By clicking on the order button, you confirm that you read and accepted this General terms & conditions.
The offers and prices displayed in the online shop are non-binding and subject to change without notification.
You can order items, which are not in stock, and we will order them for you individually from our suppliers. If the customer orders the items and confirms the order, but does not or refuses to accept the items, the 20 percent of the items value and shipping costs is being charged and not returned to the customer.
3. Customer data
We will store your order with information relating to the negotiated contract (e.g. product type, price, etc.). As a registered customer, via the customer login area (My account), you will be able to check your order history.
Before submitting your order, you can edit and modify your input at any time by clicking the button Delete. Simply closing the browser window will entirely abort the order process.
4. Terms of delivery
In addition to the indicated product prices shipping costs may apply. More on shipping costs can be found in the offers.
5. Retention of title
The all delivered goods remain our property until full payment has been made.
6. Statutory warranty rights
§ Statutory warranty rights are provided for our products.
§ The statute of limitation regarding claims for product faults is one year from the time of transfer of ownership of the sold goods to you. Exempt from this regulation are claims for damages, claims for faults we have fraudulently concealed and claims from a warranty we have assumed with regards to the quality of the goods. Statutory statutes of limitation apply for these exempted claims.
7. Liability limitation
We exclude any liability for duties infringed due to minor negligence, provided that these do not relate to contract-relevant duties, damage from injury to life, body or health, or any warranties or claims covered by product liability law. The same refers to infringements of obligations committed by our legal representatives.
The contract-relevant duties specifically include the obligation to hand the object over to the customer and to transfer ownership. In addition we are obligated to provide the goods free of physical or legal disputes for you.
8. Damage to carriage
Where goods are shipped with noticeable transport damage, please immediately alert the carrier and contact us as soon as possible. If you fail to notify a claim or contact us, there will be no impact on your statutory warranty rights. However, by doing so, you will assist us in asserting our own claims against the carrier or transport insurer.
9. Returns & exchange
§ You can return the delivered goods without stating a reason within 14 days. The returns period begins with the receipt of the goods.
§ We can only accept prepaid postage returns.
§ The right to returns is limited to our online shop only. Please make sure to include returns slip for any returns or goods exchanges.
§ The customer bears all costs associated with returning the goods.
In the case of parcels that pass through the customs, it is imperative that the content be identified. Therefore, please enclose a copy of the invoice with the package and attach another copy on the outside of the package stating that it is a return shipment. Consignments that are marked under value, without invoice or without return reason are automatically returned to the sender.
If you would like an exchange, you will receive a payment request from us within the next days. As soon as we have received the outstanding amount from you, we will immediately proceed with your exchange process.
10. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
In order to exercise your withdrawal right, you must notify us (WOSS UG (haftungsbeschränkt); Bürgerstrasse 17, 88410 Bad Wurzach Germany; postwoss(at)gmail.com) by way of a clear declaration in writing (e.g. a registered letter or an email with our answer confirming its receipt) of your decision to cancel the contract. You may use the attached withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The following advices should help you and us to process returns as smoothly as possible:
§ Clothes and helmets may not be tested: Helmets and articles of clothing may only be tried on (as in a shop), but not tested. In case of a test drive we have to consider the clothes and helmets as used, return is excluded.
§ Trying helmets only with a balaclava: Helmets may only be tried on with a balaclava. We ask for your understanding in terms of hygiene. If a chemical cleaning should be necessary in the case of a return of the helmet, we must charge you the costs for this.
§ Security labels, protective films, other handling: Never remove the security labels or protective films partially attached to the goods. Helmets and garments may only be worn for viewing or fitting but may not be tested. If labels and protective films are removed carelessly, we must deduct a depreciation depending on the extent.
§ Shipping costs for return shipment: please note that you bear the cost of returning the goods according to your right of withdrawal. Unpaid returns can not be accepted by us.
(complete and return this form only if you wish to withdraw from the contract)
To: WOSS UG (haftungsbeschränkt); Bürgerstrasse 17, 88410 Bad Wurzach Germany
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
11. Settlement of disputes
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/ .
We are neither prepared, nor obligated to participate in a dispute resolution procedure brought before a consumer arbitration board.