Website Terms and Conditions of Use
of WOW TECH USA LTD.
103 FOULK ROAD, SUITE 202
WILMINGTON
DE 19803
As of: 10/2017
Section 1 - Contracting party, scope of application
1. With respect to the following General Terms and Conditions (“GTC”) for customers, the contracting party is WOW Tech USA LTD. (hereinafter referred to as “WOW Tech USA LTD.”).
2. All deliveries, services and contracts for customers based in Europe are done via our online shop with WOW Tech USA LTD. on the exclusive basis of these GTC in the version valid at the time of order placement.
3. All contrary provisions are hereby annulled. Any provision not contained herein shall only be valid with the express written agreement of an authorized representative of WOW Tech USA LTD. (managing director or authorized signatory or agent) and the customer in question.
Section 2 - Contract conclusion
1. The offers WOW Tech USA LTD. presents on its websites represent a non-binding invitation for customers to order goods from WOW Tech USA LTD..
2. When goods are ordered by completing the ordering process via the website, email or post, the customer submits a binding offer to conclude a purchase agreement. The offer is considered binding once it reaches WOW Tech USA LTD. via the relevant interface. In sending the order to WOW Tech USA LTD., the customer ensures their unlimited capacity to conduct business. WOW Tech USA LTD. is not obligated to accept the offer from the customer. Confirmation that the customer’s order has been received does not constitute acceptance of the order.
4. WOW Tech USA LTD. may accept the order within seven calendar days by sending an order confirmation or the goods themselves or by notifying the customer in some other way. Orders are confirmed by email. If the deadline expires without result, the offer is deemed rejected. In the event the order confirmation or any other legally binding declaration made by WOW Tech USA LTD. contains writing or print errors, or if transmission errors affect the set price, WOW Tech USA LTD. may dispute the declaration due to error whereby the burden of proof for that error lies with WOW Tech USA LTD.. Any payments received in such cases shall be reimbursed without delay.
Section 3 - Prices
1. The quoted prices shall apply in addition to the packaging and delivery costs for the chosen packaging and shipping method. The packaging, shipping and insurance costs are shown in the “Shipping Costs” table.
2. For orders by cash on delivery, additional fees for cash on delivery shall be levied. The amount of these fees is shown under “Shipping Costs”.
3. All quoted prices, also for packaging and shipping, shall only apply in Germany and only at the time of order placement.
Section 4 - Payment terms
1. Payment can be made using any of the provided payment methods. Note that certain payment methods may be excluded in some cases. For payment in advance, payment must be made to the bank account specified in the order or acceptance confirmation; for payment by credit card, the specified credit card will be charged upon order completion; for payment by direct debit, the purchase price will be debited from the specified account when the product is shipped; for payment on account, the amount is due without deduction of discounts within 14 days of invoice receipt to the bank account specified on the invoice if another due date is not expressly agreed (a credit check may occur in some cases); for payment via PayPal or instant transfer, payment is made during the order process and may be subject to additional provisions of the chosen payment method. In the event the planned “financing” payment method is excluded based on the results of the credit check, WOW Tech USA LTD. reserves the right to refuse the customer’s offer or withdraw from the contract if the purchase price claim of WOW Tech USA LTD. is thereby jeopardized.
2. Deliveries to businesses or public institutions are possible on account following review and approval. This requires however a written order on the business letterhead of the customer. The order must be sent to WOW Tech USA LTD. via fax or email. These kinds of orders on account are always due immediately. All payments are made without discounts or deductions.
3. The payment amount indicated on the invoice must be paid to WOW Tech USA LTD. in full regardless of payment method. WOW Tech USA LTD. will not accept deductions for transaction fees or similar charges which are incurred, for example, by international banks for the purpose of settlement.
4. A payment is considered complete once the payment amount is made available. If a payment is refused due to the actions of the customer, that customer is obligated to pay the resulting reasonable additional costs or expenses or other claims due to late payment. Offsetting is excluded unless the counterclaim is undisputed or legally established.
Section 5 - Right of cancellation (cancellation policy)
Consumers have the legal right of cancellation as described in the cancellation policy. Companies are not granted a voluntary right of cancellation.
Exclusion of the right of withdrawal
The right of withdrawal does not apply for distance selling contracts
for the delivery of goods that are not prefabricated and whose assembly depends on the individual choice or determination of the consumer;
for the delivery of goods that are customized to the personal needs of the consumer;
for the delivery of goods that can spoil quickly and whose expiration date would be quickly exceeded;
for the delivery of sealed goods that are not suitable for return for health or hygienic reasons if their seal was removed after delivery;
for the delivery of goods that, due to their composition, are inseparably combined with other goods after delivery;
for the delivery of audio or video recordings or computer software in sealed packaging if the seal was removed after delivery.
Section 6 - Shipping damages
If products or goods show visible shipping damages upon delivery, the customer is kindly requested to immediately lodge a complaint with the supplier and contact WOW Tech USA LTD.. In doing so, the customer helps WOW Tech USA LTD. to enforce its claims against the freight carrier or shipping company. Failure to lodge a complaint or contact WOW Tech USA LTD. will not have consequences for the customer and their rights, particularly with respect to warranty rights.
Section 7 - Retention of title
1. Ordered goods remain the property of WOW Tech USA LTD. until payment has been made in full.
2. Prior to transfer of ownership, the reselling, leasing, pledging, transfer by way of security, processing or any other provision or transformation of the goods is not permitted without the express consent of WOW Tech USA LTD..
Section 8 - Liability and warranty
1. Any claims of defects the customer makes against WOW Tech USA LTD. shall comply with the statutory provisions as long as they do not deviate from the following regulations.
2. WOW Tech USA LTD. is liable only in the case of intent and gross negligence and not for damages, delays or obstacles to performance for which it bears no responsibility or which result from inappropriate, improper or incorrect use of the products. Regardless of legal grounds, WOW Tech USA LTD. is furthermore liable for damages (i.) in case of injury to life, limb or health, (ii.) in case of intentional or grossly negligent breach of duty and malice, (iii.) in case of breach of essential contractual obligations whose fulfilment makes the proper execution of the contract possible and on whose observance the customer may regularly trust (cardinal obligations), limited in this however to the typically foreseeable damages, (iv.) within the scope of an agreed promise of guarantee or (v.) to the extent subject to product liability law. Further liability or warranty is excluded unless dictated by mandatory statutory provisions.
3. For business customers who order services for their business enterprises, claims for defects expire one year after receipt of goods.
Section 9 - Repair costs / cost estimates
If any goods are sent to either WOW Tech USA LTD. or an authorized service center for repairs and the defects, damages or other changes to or deteriorations of the goods do not involve material defects that give rise to statutory warranty claims, the customer must reimburse WOW Tech USA LTD. for any necessary fees incurred for cost estimates or repairs or similar costs.
Section 10 - Information on the disposal of batteries
In connection with the distribution of batteries or the supply of devices containing batteries, we are obliged to inform you that: as the end user you are legally obliged to return used batteries. You can return used batteries, which we have as new batteries in the range or have led, free of charge to our shipping warehouse (shipping address). The symbols shown on the batteries have the following meaning: The crossed-out wheeled bin symbol means that the battery must not be disposed of with household waste. Pb = battery contains more than 0.004 percent by mass lead Cd = battery contains more than 0.002 percent by mass cadmium Hg = battery contains more than 0.0005 percent by mass of mercury. Please note the information above.
Batteries do not belong in household waste!
Section 11 - Data privacy
All data is processed in accordance with the German Federal Data Protection Act (BDSG) and Telemedia Act (TMG). Futhermore, reference is made to our data privacy statement.
Section 12 - Law, Jurisdiction and Language
Any matter that arises out of your use of this Website shall be governed by the laws of Delaware, USA. All contracts shall be concluded in English.
Section 13 - Other provisions
1. The execution of this agreement and all disputes arising from or in connection with this agreement is governed (as far as possible) exclusively by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. If the customer is (i.) a merchant as defined by the Commercial Code, (ii.) a legal entity under public law or special fund under public law, (iii.) has no general jurisdiction in the Federal Republic of Germany or other member state of the European Union or ( iv.) relocated their domicile or habitual abode abroad after contract conclusion or has an unknown domicile or habitual abode at the time legal action is taken, the exclusive place of jurisdiction for all disputes in connection with the execution of this agreement is the registered office of WOW Tech USA LTD. (Berlin).
3. Should any individual provisions of these GTC be or become invalid, the validity of the other provisions shall remain unaffected.
4. Information on the dispute settlement procedure and online dispute settlement: We are neither willing nor obligated to participate in any dispute settlement procedures before a consumer arbitration board. However, the European Commission does provide a platform for the online resolution of disputes in consumer affairs (OS platform) at http://ec.europa.eu/consumers/odr . Our email address is care@pjur.com.