Terms and Conditions | WakeparX

Terms of Service of Wakeparx Technologies AG towards entrepreneurs

1. Scope For the business relationship between https://wakeparx-shop.com, owner: Wakeparx Technologies AG, Ödenpullach 3a, 82041 Ödenpullach (hereinafter “seller”) and the customer (hereinafter “customer”), the following general terms and conditions (“GTC”) apply exclusively ) in the version valid at the time of the order. These terms and conditions apply if the customer is an entrepreneur within the meaning of Section 14 (1) BGB. Deviating general terms and conditions of the customer are not valid.

2. Conclusion of a contract: The presentation of our goods in the online shop does not constitute a legally binding offer, but a non-binding online catalog with an invitation to place an order. The customer submits a binding contract offer by successfully going through the ordering procedure in our online shop. We will immediately confirm receipt of the order by an automatically generated email (“confirmation of receipt”). After checking the order, the customer immediately receives an “order confirmation” by email. With this “order confirmation” we accept the offer.

3. Prices For orders in our online shop, the prices listed at the time of the order apply. The prices quoted are net prices in euros plus the VAT applicable on delivery. Any shipping costs will be added.

4. Shipping costs In addition to the prices quoted, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process. The dispatch takes place via our forwarding agent or UPS and at reasonable discretion.

5. Payment The customer has the option of paying in advance, PayPal and offsetting. 5.3. stays untouched. We also reserve the right not to offer certain payment methods for each order and to refer to other common payment methods.

5.1 Due date Payments are in accordance with § 271 Abs. 1 BGB due immediately.

5.2 Paypal When using the payment service provider “PayPal”, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This implies u. a. requires that the customer opens or already has a PayPal account.

5.3 Offsetting / right of retention The customer only has a right of set-off and retention if his claim has been legally established or is undisputed. Payment of the sales price by means of offsetting is to be made without deduction and is due upon conclusion of the contract, but no later than 30 days after invoicing plus VAT without deduction. You can exercise a right of retention if the claims result from the same contractual relationship. Payments are to be made to the following account:

Commerzbank Munster IBAN: DE33 4004 0028 0400 9775 00 BIC: COBADEFFXXX

5.4 Delay costs If the customer is in default of payment, the seller is entitled to demand a lump sum of EUR 40.00 from the customer for any collection costs (i.e. in particular reminder fees). In addition, in the event of default in payment by the customer, the seller can claim compensation for other damage caused by the customer and damage caused by the seller, in particular the costs of out-of-court enforcement or recovery measures.

6. Delivery Unless we have clearly stated otherwise in the product description, all items offered by us and confirmed by means of an order confirmation are immediately ready for dispatch. The delivery takes place here at the latest within 10 working days. In the case of payment in advance, the deadline for delivery begins on the day after the payment order to the bank commissioned with the transfer and, for all other payment methods, on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day. We are entitled to make partial deliveries if there is an objective reason. If the ordered product cannot be delivered on time, we will inform you immediately. In such a case, you are free to wait for the desired product or to cancel your order. In the event of cancellation, any payments already made will be reimbursed immediately.

7. Retention of Title We reserve title to the goods until the purchase price has been paid in full. The items of the deliveries (reserved goods) remain the property of the seller until all claims against the customer arising from the business relationship have been met. If the value of all security interests to which the seller is entitled exceeds the amount of all secured claims by more than 20%, the seller will release a corresponding part of the security interests at the customer’s request; the customer has the choice between different security rights when approving the release. While the retention of title exists, the customer is prohibited from pledging or transferring ownership and reselling is only permitted to resellers in the normal course of business and only on the condition that the reseller receives payment from his customer or makes the reservation that the property is only transferred to the customer passes over when the latter has fulfilled his payment obligations. The customer is permitted to process the reserved goods or to mix or combine them with other items. The processing is done for the seller. The customer stores the new item for the seller with the care of a prudent businessman. The new item is regarded as reserved goods. Seller and customer already agree that in the event of connection or mixing with other items that do not belong to the seller, the seller is in any case entitled to co-ownership of the new item in the amount of the proportion resulting from the ratio of the value of the connected or mixed items Reserved goods at the value of the remaining goods at the time of connection or mixing. The new item is deemed to be reserved goods.

8. Liability for material defects, warranty, guarantee, customer satisfaction The content of the contract between you and us and thus also the essential characteristics of the goods are determined by the description of the goods in our online shop. Unless otherwise stated below, claims for damages by the customer are excluded regardless of their legal basis. To be able to withdraw from the contract, the customer must issue a threat of rejection. The right to a reduction is excluded. If the supplementary performance fails, the customer reserves the right to reduce the price or, at his option, to withdraw from the contract. If the seller is liable for negligent breach of an essential contractual obligation, the liability for property damage is limited to the foreseeable damage typical of the contract. As far as the liability of the seller is excluded or limited, this also applies to the liability of the legal representatives or vicarious agents of the seller. The limitation period for newly manufactured items is one year. The warranty is excluded for used items. The customer’s claims for damages due to injury to life, limb or health as well as for claims for damages due to a breach of essential contractual obligations remain unaffected. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the seller has to hand over the item to the customer free of material and legal defects and to procure ownership of it. Damage claims based on an intentional or grossly negligent breach of duty on the part of the seller, his legal representatives or vicarious agents also remain unaffected. The right of recourse according to § 478 BGB also remains unaffected. A guarantee exists for the goods offered and delivered by us only if this was expressly given in the order confirmation for the respective goods. Our offers in the online shop do not contain any guarantees. In the event of a defect, you will support us very much in identifying, limiting and documenting the defect if you describe it as precisely as possible, as far as this is reasonable for you in good faith with regard to the contractual relationship. We attach great importance to your customer satisfaction. You can contact us at any time using one of the contact channels provided. We strive to check your request as quickly as possible and will contact you after we have received the documents or your input or complaint. In the event of a complaint, you will help us if you describe the subject of the problem as precisely as possible and, if necessary, send a copy of the order documents or at least provide the order number, customer number, etc. If you do not receive a response from us within 5 working days, please ask. In rare cases, e-mails may have got stuck with us or with you in spam filters, or a message by other means did not reach you or was inadvertently not received.

9. Prohibition of assignment and pledging The assignment or pledging of claims or rights by the customer against the seller is excluded without the consent of the seller, unless the customer can prove a legitimate interest in the assignment or pledging.

10. Data protection When initiating, concluding, processing and reversing a contract, we collect, store and process data within the framework of the statutory provisions. When you visit our website, the IP address currently used by your PC, the date and time, the browser type and the operating system of your PC as well as the pages you viewed are logged. However, it is neither possible nor intended for us to draw conclusions about personal data. The personal data that you give us e.g. For example, when placing an order or by e-mail (e.g. your name and contact details) will only be processed for correspondence with you and only for the purpose for which you provided us with the data. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment data to the credit institute commissioned with the payment. We assure you that we will not otherwise pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. As far as we use the services of third parties to carry out and handle processing, the provisions of the General Data Protection Regulation are observed.

Dauer der Speicherung
Personenbezogene Daten, die uns über unsere Website mitgeteilt worden sind, werden nur so lange gespeichert, bis der Zweck erfüllt ist, zu dem sie uns anvertraut wurden. Soweit handels- und steuerrechtliche Aufbewahrungsfristen zu beachten sind, kann die Dauer der Speicherung bestimmter Daten bis zu 10 Jahre betragen.Your rights

If you no longer agree to the storage of your personal data or if it has become incorrect, we will initiate the deletion, correction or blocking of your data in accordance with the statutory provisions. Upon request, you will receive free information about all personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact:

Wakeparx Technologies AG Ödenpullach 3a 82041 Ödenpullach Germany

email: info@wakeparx.com

Links to other websites Insofar as we refer or link to the websites of third parties from our website, we cannot accept any guarantee or liability for the correctness or completeness of the content or the data security of these websites. Since we have no influence on compliance with data protection regulations by third parties, you should check the data protection declarations offered separately.

11. Copyright Copyright protected content, especially images, text, design etc. may not be used, reproduced or published without the prior written consent of the seller. 12. Choice of law & place of jurisdiction The place of jurisdiction for all legal disputes between the buyer and Wakeparx Technologies AG from this and subsequent orders is Munich. However, Wakeparx Technologies AG is entitled to sue at the buyer’s place of jurisdiction. The contractual relationship is exclusively subject to German law for both parties, excluding the UN sales law. § 13 Severability Clause Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.

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Terms of Service of the company Wakeparx Technologies AG towards consumers

1. Scope For the business relationship between https://wakeparx-shop.com, owner: Wakeparx Technologies AG, Ödenpullach 3a, 82041 Ödenpullach (hereinafter “seller”) and the customer (hereinafter “customer”), the following general terms and conditions (“GTC”) apply exclusively ) in the version valid at the time of the order. The present terms and conditions apply if the customer is a consumer within the meaning of § 13 BGB. Deviating general terms and conditions of the customer are not valid. You can view and print out the general terms and conditions of the seller at any time when you first contact us.

2. Conclusion of a contract:

The presentation of our goods in the online shop does not constitute a legally binding offer, but a non-binding online catalog with an invitation to place an order. The customer submits a binding contract offer by successfully going through the ordering procedure in our online shop. We will immediately confirm receipt of the order by an automatically generated email (“confirmation of receipt”). After checking the order, the customer immediately receives an “order confirmation” by email. With this “order confirmation” we accept the offer.

3. Prices For orders in our online shop, the prices listed at the time of the order apply.

The prices quoted are net prices in euros plus the VAT applicable on delivery. Any shipping costs will be added.

4. Shipping costs

In addition to the prices quoted, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process. The dispatch takes place via our forwarding agent or UPS and at reasonable discretion.

5. Payment

The customer has the option of paying in advance, PayPal and offsetting. 5.3. stays untouched. We also reserve the right not to offer certain payment methods for each order and to refer to other common payment methods.

5.1 Due date Payments are in accordance with § 271 Abs. 1 BGB due immediately.

Commerzbank Munster

IBAN: DE33 4004 0028 0400 9775 00

BIC: COBADEFFXXX

5.4 Delay costs If the customer defaults on payment, the seller is entitled to demand a lump sum of EUR 5.00 from the customer for any collection costs (i.e. in particular reminder fees). In addition, in the event of default in payment by the customer, the seller can claim compensation for other damage caused by the customer and damage caused by the seller, in particular the costs of out-of-court enforcement or recovery measures. The customer is expressly permitted to provide evidence that no damage or depreciation occurred or that it was significantly lower than the flat rate

7. Retention of Title

We reserve title to the goods until the purchase price has been paid in full.

8. Liability for material defects, warranty, guarantee, customer satisfaction

The content of the contract between you and us and thus also the essential characteristics of the goods are determined by the description of the goods posted in our online shop. The warranty is based on the statutory provisions, unless otherwise regulated below. The limitation period for warranty claims by the customer is 2 years for newly manufactured items and 1 year for used items. Unless otherwise stated below, claims for damages by the customer are excluded regardless of their legal basis. When buying new things, the customer only has the right to supplementary performance. If the supplementary performance fails, the customer reserves the right to reduce the price or, at his option, to withdraw from the contract. If the seller’s liability is excluded or limited, this also applies to the liability of the seller’s legal representatives or vicarious agents. All of the above restrictions of the statutory provisions do not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the seller has to hand over the item to the customer free of material and legal defects and to procure ownership of it. The above restrictions of the legal provisions also do not apply to claims for damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. The above restrictions do not apply if there are guaranteed characteristics or if there is a claim under the Product Liability Act. A guarantee exists for the goods offered and delivered by us only if this was expressly given in the order confirmation for the respective goods. Our offers in the online shop do not contain any guarantees.In the event of a defect, you will support us very much in identifying, limiting and documenting the defect if you describe it as precisely as possible, as far as this is reasonable for you in good faith with regard to the contractual relationship. We attach great importance to your customer satisfaction. You can contact us at any time using one of the contact channels provided. We strive to check your request as quickly as possible and will contact you after we have received the documents or your input or complaint. In the event of a complaint, you will help us if you describe the subject of the problem as precisely as possible and, if necessary, send a copy of the order documents or at least provide the order number, customer number, etc. If you do not receive a response from us within 5 working days, please ask. In rare cases, e-mails may have got stuck with us or with you in spam filters, or a message by other means did not reach you or was inadvertently not received.

9. Prohibition of assignment and pledging

The assignment or pledging of claims or rights by the customer against the seller is excluded without the consent of the seller, unless the customer can prove a legitimate interest in the assignment or pledging.

10. Right of withdrawal Right of withdrawal

Right of withdrawal You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, the is not the carrier who has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Wakeparx Technologies AG, Ödenpullach 3a, 82041 Ödenpullach, telephone number: 089 – 244 134 05, e-mail: info@wakeparx.com) by means of a clear declaration (e.g. a letter sent by post, Fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of the withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier

You must return or hand over the goods to us (Wakeparx Technologies AG, Ödenpullach 3a, 82041 Ödenpullach) immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Model withdrawal form (If you want to cancel the contract, please fill out this form and send it It back.)

On: Wakeparx Technologies AG Ödenpullach 3a, 82041 Ödenpullach Telephone number: 089 – 244 134 05 Email: info@wakeparx.com –

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

-Ordered on (*) / received on (*):

-Name of the consumer (s)

-Address of the consumer (s)

– Signature of the consumer (s) (only when notified on paper)

– date _______________ (*)

Delete where inapplicable. If you make use of an existing right of withdrawal, you have to bear the regular costs of the return. This also applies if you have not yet made the consideration or a contractually agreed partial payment at the time of revocation.

11. Data protection

When initiating, concluding, processing and reversing a contract, we collect, store and process data within the framework of the statutory provisions. When you visit our website, the IP address currently used by your PC, the date and time, the browser type and the operating system of your PC as well as the pages you viewed are recorded. However, it is neither possible nor intended for us to draw conclusions about personal data. The personal data that you give us e.g. E.g. when placing an order or by email (e.g. your name and your contact details), will only be processed for correspondence with you and only for the purpose for which you have provided us with the data. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment data to the credit institute commissioned with the payment. We assure you that we will not otherwise pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. Insofar as we use the services of third parties to carry out and process processing, the provisions of the General Data Protection Regulation are complied with. Duration of storage Personal data that have been communicated to us via our website will only be stored until the purpose for which they were entrusted to us has been fulfilled. As far as commercial and tax retention periods are to be observed, the duration of the storage of certain data can be up to 10 years.

Your rights If you no longer agree to the storage of your personal data or if it has become incorrect, we will initiate the deletion, correction or blocking of your data in accordance with the statutory provisions. Upon request, you will receive free information about all personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact: Wakeparx Technologies AG Ödenpullach 3a 82041 Ödenpullach Germany email: info@wakeparx.com Links to other websites Insofar as we refer or link to the websites of third parties from our website, we cannot accept any guarantee or liability for the correctness or completeness of the content or the data security of these websites. Since we have no influence on compliance with data protection regulations by third parties, you should check the data protection declarations offered separately.

11. Copyright Copyright protected content, in particular images, texts, design, etc. may not be used, reproduced or published without the prior written consent of the seller. 12. Packaging You can return empty sales packaging of the goods we have sold free of charge to the following address: Wakeparx Technologies AG Ödenpullach 3a, 82041 Ödenpullach 13. Choice of law & place of jurisdiction The place of jurisdiction for all legal disputes between the buyer and Wakeparx Technologies AG from this and subsequent orders is Munich. However, Wakeparx Technologies AG is entitled to sue at the buyer’s place of jurisdiction. The contractual relationship is exclusively subject to German law for both parties, excluding the UN sales law. § 14 Severability Clause Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.

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