General Terms & Conditions

Terms and conditions for purchase agreements concluded via the WaveReX® Shop platform

between

SynthastiX
Im Leiterich 2
55585 Norheim
Germany

and

the customer specified in § 2 of the agreement – hereinafter referred to as the “customer” –.

§ 1 Scope of application, definitions

(1) The business relationship between the web shop provider (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of contract

(1) The customer can select products from the provider's range, in particular a learning tower for small children, and collect them in a so-called shopping cart by clicking on the “Add to cart” button. By clicking on the “Place order” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by ticking the selection box “I accept your general terms and conditions of business and delivery” and by ticking the selection box “I have taken note of the right of withdrawal” and has thereby included them in their request.

(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider sends a declaration of acceptance in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send the customer the text of the contract (consisting of the order, the General Terms and Conditions, and the order confirmation) on a durable medium (email or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection regulations.

(3) The contract is concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times specified by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except for purchases on account). If no delivery time or a different delivery time is specified for the respective goods in our online shop, the maximum delivery time is 14 days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately in the order confirmation. 

(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.

§ 4 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

§ 5 Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory sales tax.

(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal. 

(3) The goods are shipped by post. The supplier bears the shipping risk if the customer is a consumer.

(4) In the event of withdrawal, the customer shall bear the direct costs of returning the goods.

§ 6 Payment methods

(1) The customer can make payment via PayPal, credit card, or prepayment. 

(2) The customer can change the payment method stored in their user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, they must pay the provider default interest of 5 percentage points above the base interest rate for the year.

(4) The customer's obligation to pay default interest does not exclude the provider from asserting further claims for damages caused by the delay.

§ 7 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). For entrepreneurs, the warranty period for goods delivered by the provider is 12 months.

(2) An additional guarantee exists for goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.

§ 8 Liability

(1) Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb, or health.

(3) The limitations in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Withdrawal policy

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider informs them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form can be found in paragraph (3).