Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Waypoint-GPS Vertriebs GmbH) via the website www.waypoint-gps.de/. Unless otherwise agreed, the inclusion of your own terms and conditions, if used by you, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we are making a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" (or similar) button and entering your personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order summary again, change them (also using the "back" function of the internet browser), or cancel the order.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain title to the goods until all claims from the ongoing business relationship have been settled in full. Prior to the transfer of title to the reserved goods, pledging or assignment as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale; we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 4 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) Provided you are informed of this by us before submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above restriction does not apply:
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to inform us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(4) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description are considered agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty at our discretion by repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances suggest otherwise. In the event of repair, we are not obliged to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction in the time limit does not apply:
- to damages culpably caused by us resulting from injury to life, body or health, and to other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- to statutory recourse claims that you have against us in connection with rights regarding defects.
§ 5 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is unknown at the time the action is filed. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the seller
Waypoint-GPS Vertriebs GmbH
Veilchenweg 4
83254 Breitbrunn am Chiemsee
Germany
Phone: 080541409990
E-mail: info@waypoint-gps.de
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the formation of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Formation of the Contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For inquiries for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or electronically save.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a button labeled accordingly on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free delivery is promised.
5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. Costs incurred for money transfers (bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are displayed under a button labeled accordingly on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment are at your risk.
7. Statutory right of liability for defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These GTC and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/