General Terms and Conditions (GTC) Online Shop
Provider information
Wiesbaden Congress & Marketing GmbH Tourist Information
Marketplace 1
65183 Wiesbaden
Telephone: 0611/1729-930
Fax: 0611/1729-797
E-mail: t-infowicmde
Internet: https://www.wiesbaden.de/shop (opens in a new tab)
Chairman of the Supervisory Board:
Christiane Hinninger
Managing Director: Martin Michel
Register court and registered office: Wiesbaden HRB 23970
VAT no.: 043 248 1704 8
Ust-IdNr: DE 815 044 668
Gläubiger-ID-Nr. DE15ZZZ00000277119
§ 1 Scope of application, definitions
(1) The business relationship between the webshop provider Wiesbaden Congress & Marketing GmbH (hereinafter "Provider") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(3) The version of the GTC valid at the time the contract is concluded shall apply.
(4) All agreements made between you and us in connection with the purchase contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance.
(5) We do not accept deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
(6) Purchases in our online store are possible from the age of 16.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the online store by clicking on the button "order with obligation to pay", you are placing a legally binding order. The customer thereby submits a binding offer to purchase the goods in the shopping cart. From this point on, it is unfortunately no longer possible to change the order or data. You are bound to the order for a period of two (2) weeks after placing the order; this does not affect your right to cancel your order.
(3) The goods on offer are only sold in normal household quantities. No sale of alcoholic beverages to minors.
(4) We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(5) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(6) We can only consider orders for deliveries abroad from a minimum order value. The minimum order value can be found in the price information provided in our online store.
(7) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.
(8) An order is only possible if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in their application.
(9) The text of the contract is stored in compliance with data protection regulations.
§ 3 Terms of delivery and reservation of advance payment
(1) Deliveries shall be made to the shipping address specified by the customer.
(2) We are entitled to make partial deliveries insofar as this is reasonable for you.
(3) The delivery period is approximately 3-10 working days, unless otherwise agreed. It begins - subject to the provision in paragraph 4 - with the conclusion of the contract.
(4) In the case of orders from customers whose place of residence or business is abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.
(5) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price.
(6) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall inform the customer of this immediately. In the event of a delay in delivery of more than 14 days, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory VAT and do not include shipping costs. The prices at the time of the order shall apply.
(2) The corresponding shipping costs/processing fees are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises his right of withdrawal.
(3) If we fulfill your order in accordance with § 3 para. 2 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 10, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see § 10 para. 3 for other consequences of revocation).
§ 6 Terms of payment and offsetting and right of retention
(1) The customer can pay by credit card (Visa and Mastercard) or Paypal. In the case of a direct debit authorization or payment by credit card, we will arrange for your account to be debited immediately upon purchase.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider default interest in the amount of 5 percentage points above the base interest rate.
(3) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.
(4) The customer agrees to receive only an online invoice. No further invoice will be sent to the customer by post. The online invoice is legally non-binding, in particular with regard to legal requirements for proof, storage, documentation and the like. The invoice does not fulfill these aforementioned legal requirements. The online invoice entitles the customer to deduct input tax in accordance with Section 14 (1) UStG.
(5) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims arising from the same purchase contract.
(6) As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the items.
§ 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 9 Copyrights
We have copyrights to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.
§ 10 Cancellation policy
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal in accordance with section 1, you must bear the regular costs of the return shipment.
(3) In all other respects, the provisions set out in detail in the following withdrawal policy shall apply to the right of withdrawal.
Right of withdrawal
You have the right to withdraw from 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, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us Wiesbaden Congress & Marketing GmbH Tourist Information, Postfach 3840, 65028 Wiesbaden, Telefax: 0611/1729-797, E-Mail: t-infowicmde of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to (insert the name and address of the person authorized by you to receive the goods, if applicable) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall 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 for checking their condition, properties and functionality.
End of the withdrawal policy
(4) The right of withdrawal does not apply to distance contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiration date would be exceeded.
Sample withdrawal form
(If you wish to withdraw from the contract, please complete and return this form).
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To Wiesbaden Congress & Marketing GmbH
Tourist Information
P.O. Box 3840
65028 Wiesbaden
Fax: 0611/1729 798
E-mail: t-infowicmde
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I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods:
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Ordered on (*)/received on (*)
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only for notification on paper)
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Date(s)
(*) Delete as appropriate
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Wiesbaden. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final provisions
(1) The contract language is German.
(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Wiesbaden. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.