Terms & Conditions

1. GENERAL

 

1.1

 

These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order using www.waghz.com and all of its related pages, (the “Website”). The agreement is a contract concluded between you and WAG, Merchant Location Address in Germany. The General Conditions are applicable for Customers that are consumers.

 

1.2

 

Please note that while the Customer must be a minimum of 18 years old to place an order via the Website, individuals under the age of 18 may make a purchase if their parents or legal guardians provide consent. WAG reserves the right to deny or makes changes to a Customer’s order (e.g. if the Customer has provided inaccurate personal data and/or has any record or indication for non-payment of debt).

 

1.3

 

WAG shall not be liable in case products are sold out, nor in the case of image or typographical errors on the Website, e.g. errors in the product description or other technical specifications, inaccurate prices and price adjustments (for example changed prices from suppliers, or changes in currencies) or incorrect information as to whether a product is in stock. WAG is entitled to rectify such errors and, at any time, to change or update all relating information. In case an inaccurate price has been stated for a product ordered by the Customer, WAG will naturally notify the Customer immediately and await the Customer’s approval of the changed price prior to WAG’s continuation of the order process. All images on our Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance, function or origin of the product. WAG is not responsible for any information provided by third parties on the Website.

 

1.4

 

The Website and all of its content is owned by WAG. All information is protected by intellectual property and also marketing legislation. This means that trademarks, product names, company names, designs, images and graphics, layout and information about products, services and all other content may not be copied or used, without the prior written consent of WAG.

 

2. CONTRACTS AND ORDERS

 

2.1

 

To be able to place an order using the Website, the Customer has to accept the General Conditions. By accepting these General Conditions, the Customer undertakes to comply with all of the General Conditions in its entirety and also acknowledges that he/she has read all the information on personal data and cookies and also consents to the use according to WAG’s Privacy Policy set forth here.

 

2.2

 

A purchase agreement is concluded when WAG has confirmed the Customer’s order. This is done when the Customer has received an order confirmation from WAG via e-mail. WAG encourages the Customer to always save the order confirmation in case of any future contacts with WAG’s customer service regarding the order. The Customer has the right to cancel its order up until the time when it has been confirmed by WAG. If the order is cancelled, WAG will refund all payments the Customer or its pay- or credit card company has made as payment for the order.

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2.3

 

When the Customer places an order, the Customer will be asked to provide some personal information. The Customer confirms that the information provided in its entirety is correct and complete and The Customer is responsible for any errors in this information provided. Information about WAG’s processing of personal data is stated in WAG Privacy Policy, which constitutes a central part of these General Conditions.

 

4. FEES, PRICES AND PAYMENT

 

4.1

 

The prices stated on the Website always apply to orders placed on the Website. All prices are presented in EURO. The prices do not include VAT and shipping fees. Shipping fees are given separately. According to § 19 UStG no VAT is charged.

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4.2

 

The Customer can pay for its purchase in any manner specified on the Website. WAG is entitled to charge the Customer in connection with the order. WAG also reserves the right not to offer all payment methods, at all times, and alternatively to change the payment method if the payment method the Customer has selected does not work. This is applicable for whatever reason, at the time of fulfillment of the order. Limitations of available payment methods are set forth on the Website.

 

5. SPECIAL OFFERS

 

5.1

 

WAG may at any time provide special offers on the Website which may have more favorable conditions compared to those set forth in these General Conditions, for example with regards to payment or extended right of withdrawal. Any such conditions will apply for the duration of the special offer and for the exactly the products set forth by WAG in connection therewith. WAG reserves the right to, at any time, withdraw any such special offers. Upon termination or withdrawal of any such special offer, these General Conditions shall always apply without any amendments. Offers on specific products on the Website are only valid for a limited period of time, and until products are sold out.

 

6. SHIPPING AND DELIVERY

 

6.1

 

Products that are in stock are normally delivered within the number of working days indicated on the Website. Unless otherwise agreed (for example in connection with reservation of products not in stock), the delivery will be made no later than 30 working days after WAG confirms the order in writing through the order confirmation e-mail. Any further information about WAG’s delivery of any products and the conditions for delivery are set forth here.

If you haven't received your order within the delivery time advertised, please first check if you have provided us with the correct information. If you have provided correct information, contact our Customer Service no longer than 30 working days after the order was placed and we will help you.

 

6.2

 

The expected delivery time is described in the order confirmation and also Shipping page on the Website. Unless otherwise exclusively agreed, and if a delivery is delayed for a longer period than 30 working days and it is not due to you as Customer, you have the right to cancel the purchase.

 

6.3

 

If any package needs to be picked up at a specific delivery point, the Customer shall do this within the time limit provided in the notification. Packages normally have to be retrieved personally with valid identification and the order number. The Customer will receive a notification of delivery stating when and where the package can be picked-up or received. The notification may be sent by email, ordinary mail and if the Customer has provided a mobile number, also by phone or text. If the package is not retrieved, or if the Customer refuses the delivery after the parcels(s) dispatched from WAG warehouse, WAG is entitled to charge the Customer a fee of €15.

 

7. RIGHT OF WITHDRAWAL

 

7.1

 

When purchasing products on the Website the Customer has a 14 day withdrawal period. This is in accordance with applicable consumer protection legislation. This means that the Customer has the right to cancel any purchase by notifying WAG accordingly, within the 14 days from when the Customer, or its representative, received the product ordered (withdrawal period).

 

7.2

 

By accepting the General Conditions, the Customer acknowledges and agrees that the right of withdrawal is not valid for any digital content delivered otherwise than by a tangible medium.

 

7.3

 

When ordering a product for which the right of withdrawal does not apply, the Customer will receive clear information about this. If a product has been sealed, the Customer may not break the seal if the Customer wishes to utilize its right of withdrawal. The right of withdrawal ceases at the time when the Customer breaks the seal. A seal also includes any technical seal (e.g. serial number).

 

7.4

 

If the Customer wishes to make a withdrawal of purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to WAG. This message shall be in the manner set forth here. The Customer needs to provide its address, name and other relevant information. This may be for example order reference, the name of the product and invoice number in the message. The Customer may also as an alternative to the above described message, use the standard form for the right of withdrawal provided of the European Consumer Centre Germany or any other equivalent authority in their respective country. Please note that the 14-day cooling-off period does not apply to goods made to order or clearly personalized, such as a commissioned drawing.

 

7.5

 

If the Customer uses its right of withdrawal, the Customer has to pay for the return shipping costs and is also responsible for the condition of the product, after the Customer has received the product as well as during the return shipping. The product needs to be returned within 14 days from the date when WAG was notified of withdrawal. The product has to be sent well packaged, in good condition and in its original box and/or packaging. All returns needs to be sent to WAG in accordance with the methods and directions set forth on the Website. Depending on the destination, it may happen that customers can be subject to additional charges in order to receive their package. Such charges include VAT/local taxes, Customs & Duty charges, etc. The aforementioned fees are the sole responsibility of the customer/buyer, even in case of forced return, i.e. prior to the parcel being delivered to the customer. In case you require more information on this, please contact our customer support team.

 

7.6

 

When the Customer makes use of its right to withdraw its purchase, WAG will refund the amount the Customer has paid for the product, including shipping costs. If any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by WAG, only the standard shipping fee will be refunded upon a full order return. In case of partial return of an order, shipping costs will not be refunded. WAG is entitled to deduct an amount from the sum to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product. If and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary when determining its function or characteristics.

 

7.7

 

WAG will pay back the amount to The Customer without undue delay, however, no later than within 14 days from the date WAG received the Customer notification of withdrawal. WAG may however delay repayment until WAG has received the product, or the Customer has provided proof that the product has been returned. This proof may for example be by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed. Or if there is any objection for such a repayment.

 

8. COMPLAINTS

 

 

8.1

 

The right to file a complaint applies to products that are defective according to applicable consumer protection legislation. In case the Customer wishes to assert their right to file a complaint for any product ordered, they shall contact WAG, as soon as possible after the defect was discovered, using the contact information set forth on the Website.

 

8.2

 

WAG will carry the cost for the return freight for any approved complaints.

 

8.3

 

Once a product is returned, for which a complaint has been filed, and the complaint approved, WAG will refund the Customer in accordance with applicable consumer protection legislation. WAG always strives to do so within 30 days from receipt of the complaint by The Customer, but it may be delayed depending on the nature of the product. WAG reserves the right to refuse any complaint, if the product in compliance with applicable consumer protection legislation, proves not to be defective. In the case of complaints WAG complies with the guidelines provided by European Consumer Centre Germany or corresponding authorities in other countries.

 

9. FORCE MAJEURE

 

WAG is not liable for any delays caused by circumstances beyond WAG’s control, e.g. general labour dispute, changed governmental orders, acts of war, fire, lightning, terrorist attacks, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, WAG shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and WAG are entitled to terminate the purchase with immediate effect.

 

10. CHANGES TO THE GENERAL CONDITIONS

 

WAG reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes become valid once the Customer has accepted the General Conditions, this in connection with a new purchase or while browsing the Website, alternatively 30 days after WAG has informed the Customer of the changes. WAG recommends however that the Customer regularly stays up to date on the Website in order to become aware of any changes to the General Conditions.

 

12. SEVERABILITY

 

In case any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.

 

13. APPLICABLE LAW AND DISPUTE RESOLUTIONS

 

Any disputes shall primarily be settled by agreement after discussions with WAG’s customer services. In the event of any dispute, WAG complies with the decisions of the European Consumer Centre Germany or the corresponding authority in other countries.