GTC

Table of Contents

• Scope of Application
• Conclusion of the Contract
• Right of Withdrawal
• Prices and Payment Conditions
• Delivery and Shipping Conditions
• Retention of Title
• Liability for Defects (Warranty)
• Liability
• Redemption of Promotional Vouchers
• Applicable Law
• Code of Conduct
• Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Waldin sp. z o.o (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer, for the purposes of these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur, for the purposes of these GTC, is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of the Contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers from the seller but serve as a basis for the customer to submit a binding offer.

2.2 The customer can submit an offer using the online order form integrated into the seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that concludes the order process.

2.3 The 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 email), with the receipt of the order confirmation by the customer being decisive, or
• by delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive, or
• by requesting payment from the customer after the order has been placed.

If several of the above alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The acceptance period of the offer begins the day after the customer sends the offer and ends at the conclusion 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 is considered a rejection of the offer, and the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), in accordance with PayPal’s terms of use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer selects a payment method offered by PayPal during the online order process, the seller declares the acceptance of the customer’s offer at the time the customer clicks the button that completes the order process.

2.5 When submitting an offer via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer after they submit their order in text form (e.g., email, fax, or letter). The seller does not provide any additional access to the contract text beyond this. If the customer has set up a user account in the seller’s online shop before submitting their order, the order details will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login details.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 Different languages are available for the conclusion of the contract. The specific language options are displayed in the seller’s online shop.

2.8 Order processing and contact are typically carried out via email and automated order processing. The customer must ensure that the email address they provide for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties engaged by the seller for order processing can be delivered when using SPAM filters.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of the contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the contract conclusion.

4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description of the seller, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The available payment methods are communicated to the customer in the seller’s online shop.

4.4 If the customer selects a payment method offered via the “PayPal” payment service, payment processing is carried out through PayPal, which may use third-party payment service providers for this purpose. If the seller offers payment methods via PayPal where the seller provides goods or services in advance (e.g., purchase on account or installment payment), the seller assigns its payment claim to PayPal or to the payment service provider designated by PayPal and communicated to the customer. Before accepting the seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method if the credit check result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed installments. Payment can only be made to PayPal or the payment service provider appointed by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, such as those regarding the goods, delivery times, shipping, returns, complaints, withdrawal declarations, and credits, even in the case of the assignment of claims.

4.5 If the customer selects a payment method offered via the payment service “mollie,” payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter referred to as “mollie”). The individual payment methods offered by mollie are communicated to the customer in the seller’s online shop. To process payments, mollie may use additional payment services, for which special payment conditions may apply, and the customer will be informed separately if necessary. Further information about “mollie” can be found online at https://www.mollie.com/en/.

4.6 If the customer selects a payment method offered via the payment service “Klarna,” payment processing is carried out through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Further information and Klarna’s terms and conditions can be found here:

waldin.eu/payment-methods

5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For processing the transaction, the delivery address specified by the customer during the seller’s checkout process is decisive. However, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. For return shipping costs in the event of a valid exercise of the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply.

5.3 If the customer is acting as a business, the risk of accidental loss or deterioration of the goods passes to the customer as soon as the seller delivers the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or deterioration of the goods generally passes to the customer only upon handover of the goods to the customer or an authorized recipient. However, if the customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer, the risk of accidental loss or deterioration of the goods passes to the customer upon delivery to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.

5.4 The seller reserves the right to withdraw from the contract in cases of incorrect or improper self-supply. This applies only in cases where the non-delivery is not the seller’s fault and the seller has concluded a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and any consideration will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title
If the seller makes an advance performance, ownership of the delivered goods remains with the seller until the full purchase price has been paid.

7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. The following applies to contracts for the delivery of goods:

7.1 If the customer acts as a business:

• the seller has the choice of the type of supplementary performance;
• the limitation period for defects in new goods is one year from the delivery of the goods;
• rights and claims for defects in used goods are excluded;
• the limitation period does not restart if a replacement delivery is made under the defect liability.

7.2 The above limitations of liability and shortened periods do not apply:

• to claims for damages and reimbursement of expenses by the customer;
• in the event that the seller has fraudulently concealed the defect;
• for goods that, in accordance with their usual use, have been used for a building and caused its defectiveness;
• for any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, for business customers, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and notify defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations specified therein, the goods are deemed to have been accepted.

7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller accordingly. Failure to do so has no impact on the customer’s statutory or contractual claims for defects.

8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds:

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• based on a guarantee promise, unless otherwise specified,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, the liability is limited to foreseeable, typical damages, unless unlimited liability applies according to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on the compliance of which the customer may regularly rely.

8.3 Apart from this, the seller’s liability is excluded.

8.4 The above liability provisions also apply with regard to the seller’s liability for its agents and legal representatives.

9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the seller as part of promotions with a specific validity period and which the customer cannot purchase (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if such a restriction arises from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, the customer can choose one of the remaining payment methods offered by the seller to pay the difference.

9.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for wholly or partly with the promotional voucher under their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge, or grossly negligent ignorance, of the non-authorization, legal incapacity, or lack of representation of the respective holder.

10) Applicable Law
10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 Furthermore, this choice of law does not apply to consumers who, at the time of the contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the contract conclusion.

11) Code of Conduct

• The seller has submitted to the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.

12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution (ODR) available at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlements of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.