TERMS AND CONDITIONS
General Terms and Conditions (GTC)
Scope & Defense Clause
1) The following general terms and conditions in the respective version at the time of ordering apply exclusively to the legal relationships between the shop operator (hereinafter referred to as "Provider") and his customers based on this internet shop.
(2) Deviating general terms and conditions of the customer are rejected.
(1) The provider offers the in his online store www.wearereckless.de the items shown to others for sale. The color representation of the articles on the website may vary slightly depending on the Internet browser used and monitor settings of the customer; These deviations are technically never completely avoidable.
(2) Selection of goods, conclusion of contract and contract execution be made in German or English.
(3) The provider sells to customers worldwide.
(4) The customer selects the desired goods by placing them in the "shopping cart". The order request can finally be sent to the provider via the button "order with payment". The ordering party has until the sending of his order request at any time the opportunity to view the data specified in the order and to change or cancel the order altogether.
(5) For the goods shown in the shop of the provider, the provider makes a binding offer. By sending the order request via the button "order to pay" the buyer accepts the purchase offer. The provider confirms the contract by e-mail (contract confirmation).
(6) In the event of delivery obstacles or other circumstances that would prevent the fulfillment of the contract, the vendor informs the purchaser by e-mail. A partial delivery only takes place after approval by the customer.
Prices and Payment
(1) All product prices are final prices plus shipping costs. Sales tax is not charged.
(2) The shipping costs are listed in the respective product description under the billing item "shipping costs".
(3) The provider delivers at the option of the purchaser against payment in advance, against advance payment by bank transfer, or against advance payment by PayPal payment. With the contract confirmation (§ 2 Abs. 5) the orderer receives by email an automatic confirmation email, which contains further information on the purchase.
a) If the customer has chosen "Bank Transfer" as the payment method, the orderer will be notified of the bank details of the provider after the purchase. Transfers from abroad are accepted by the provider only as free of charge payments in Euro.
b) If the customer has chosen "PayPal" as the method of payment, he can click on the button "Click here to pay with PayPal" to the online service of PayPal and can initiate the payment there. For payments via Paypal there are no additional paypal fees for the buyer.
(4) For advance payment orders, a payment period of one week from receipt of the contract confirmation. The vendor places the desired goods back for the customer during the period of payment. It is the purchaser's responsibility to effect payment in good time so that it will be received by the provider within the deadline. The provider reserves the right to withdraw from the contract of sale and sell the goods elsewhere if the payment has not been received by the deadline. Any payment received by the purchaser after the resignation will be refunded to the purchaser.
Retention of Title
The delivered goods remain the property of the provider until full payment.
Payment of the purchase price is due upon conclusion of the contract and must be remitted to the specified account within 7 working days.
(1) The warranty rights of the customer shall be governed by the general statutory provisions, unless otherwise stated below. For damage claims of the customer against the provider, the regulation in § 6 of these terms and conditions applies.
(2) The limitation period for warranty claims of the customer amounts to 2 years for newly manufactured items and 1 year for used items. Compared with entrepreneurs, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages of the customer due to a violation of life, body, health as well as for claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to give the customer the thing free of material and legal defects and to procure the property to her. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. With respect to entrepreneurs also excluded from the shortening of the limitation period is the right of recourse under § 478 BGB.
(3) A guarantee is not declared by the provider.
(1) Claims for damages of the customer are excluded, unless otherwise stated below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the provider, if the customer claims against them.
(2) Excluded from the exclusion of liability specified in Section 1 are claims for damages due to injury to life, limb, health and claims for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to give the customer the thing free of material and legal defects and to procure the property to her. Also excluded from the disclaimer is the liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
Assignment and pledge ban
The assignment or pledging of claims or rights of the customer against the provider is excluded without the consent of the provider, unless the customer proves a legitimate interest in the assignment or pledge.
A right of compensation for the customer exists only if his set-off has been legally established or undisputed.
Choice of law and jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relations between the supplier and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention is excluded.
(2) Jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the domicile of the provider, if the customer is a merchant, a legal entity under public law or a special fund under public law.
Should any provision of these Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.
All articles have been created according to own ideas and designs and are protected by copyright. They may therefore not be copied, altered, or otherwise used commercially.
Any use and reproduction without permission is prohibited. Reproduction or copying as well as unauthorized digital duplication (also in part) is also prohibited.
If you feel your copyright infringed by me, I ask you to contact me at the above email address.
Cancellation right for consumer
(A consumer is any natural person who enters into a legal transaction for a purpose which can not be attributed to his commercial or self-employed professional activity).
You can revoke your contract within 14 days without giving reasons in writing or - if the case before the deadline - by returning the goods. The period begins on receipt of this information in writing, but not before receipt of the goods by the consignee (in the case of recurrent delivery of similar goods, not before receipt of the first partial delivery) and not before fulfillment of my information requirements in accordance with Article 246
§ 2 in connection with § 1 Abs. 1 and 2 EGBGB as well as my obligations according to § 312g Abs. 1 Satz 1 BGB in connection with Article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.
The revocation must be sent to:
WE ARE RECKLESS
39646 Oebisfelde GERMANY
or send via e-mail to:
Bitte beachten Sie, dass „unfreie“ Sendungen nicht angenommen werden können.
consequences of cancellation
In the case of an effective cancellation, the mutually received benefits and any benefits (eg interest) surrendered. If you can not or only partly return the received performance as well as uses (eg use advantages) or only give it back in a deteriorated condition, you have to pay compensation for the value. For the deterioration of the thing and for drawn uses, you only have to pay compensation if the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. The term "testing the properties and the mode of operation" refers to the testing and testing of the respective goods, as is possible and customary in a retail store.
You have to bear the regular costs of the return, if the delivered commodity corresponds to the ordered and if the price of the thing to be returned does not exceed an amount of 40 euro or if you with a higher price of the thing at the time of the revocation still not the consideration or a contractually agreed partial payment. Otherwise, the return is free for you. The uninsured return of the goods is at your own risk. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.
Exclusion of the right of cancellation
The right of cancellation does not apply to contracts for the delivery of goods that are made to customer specifications or clearly tailored to personal needs or that are not suitable due to their nature for a return.
Please send all goods back as fully prepaid. Postage costs will be refunded in advance, as far as I have to bear the return costs.
Please avoid damage and contamination of the goods. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If you no longer own the original packaging, please ensure that it is suitable for packaging in order to prevent transport damage.
The above modalities are not a prerequisite for the effective exercise of the right of withdrawal.