1. Basic provisions
1.1 The following terms and conditions apply to all contracts that you conclude with us as provider
Good-Bye S.à r.l.
11A rue Wiltheim
via the website digiwowo.com
1.2 The goods offered in our online shop are directed exclusively at buyers who are 18 years of age or older
1.3 Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of a customer’s general terms and conditions that contradict our general terms and conditions is already now contradicted.
2. Conclusion of the contract
2.1 The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
2.2 By clicking the button [“Order now” / “buy”] you make a binding purchase offer.
2.3 After receipt of the purchase offer you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. The confirmation of receipt does not constitute a contract.
2.4 A sales contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without prior express declaration of acceptance.
The prices stated on the product pages include the statutory value-added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under Shipping and Delivery.
4. Special agreements on payment methods offered
4.1 Payment can be made by:
1: payment in advance
2: credit card
4.2 The selection of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. only prepayment to cover our credit risk.
4.3 If you choose the method of payment in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
4.4 When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). The actual debiting of your credit card account takes place directly with the order (purchase offer).
5. Right of retention, retention of title
5.1 You can only exercise a right of retention if it concerns claims from the same contractual relationship.
5.2 The goods remain our property until full payment of the purchase price.
5.3 If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount which arise to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall 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 insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
6. Choice of law, place of performance, place of jurisdiction
6.1 Luxembourg law shall apply. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn (principle of favourability)
6.2 The place of performance for all services arising from the business relations existing with us and 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 usual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected by this.
6.3 The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
7. Right of cancellation
In the event that you are a consumer, i.e. make the purchase for purposes that can predominantly neither be attributed to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of cancellation
You have the right to revoke this contract within fourteen days without giving reasons.
The time limit for revocation is fourteen days from the day on which you or a third party appointed by you who is not the carrier took or has taken possession of the goods.
In order to exercise your right of revocation, you must give us
good-bye S.à r.l.
11A rue Wiltheim
Phone: +352 691 17 07 57
by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us or to[if applicable, the name and address of a person authorized by you to receive the goods] immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
You bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
End of the cancellation policy
7.1 The right of cancellation does not exist at the delivery of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery, of goods if, after delivery, they were inseparably mixed with other goods due to their nature, of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, of newspapers, magazines or periodicals with the exception of subscription contracts.
7.2 Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
7.3 Before returning the goods, please call us at [Tel.Nr +352 691 170757] to notify us of the return. In this way you enable us to assign the products as quickly as possible.
7.4 Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
8. Damages in transit
8.1 If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible.
8.2 Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or transport insurance
9.1 The statutory rights of liability for defects exist.
9.2 In the case of used goods, the warranty period is one year from delivery of the goods, notwithstanding the statutory provisions. The reduction in time does not apply:
culpably caused damages attributable to us from injury to life, body or health and other damages caused intentionally or grossly negligently;
if we maliciously concealed the defect or assumed a guarantee for the quality of the item.
9.3 As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the forwarding agent of any complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.
9.4 If you are an entrepreneur, the above warranty provisions shall not apply:
a) Only our own information and the manufacturer’s product description shall be deemed to be agreed as the nature of the item, but not other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty either by rectification of defects or by subsequent delivery, at our discretion. If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. The remedy of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances in particular indicate otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the moving does not correspond to the intended use of the goods.
c) The warranty period for regular end customers is two years from delivery of the goods; depending on the supplier, three or five years are also possible in exceptional cases. The reduction in time does not apply:
culpably caused damages attributable to us from injury to life, body or health and other damages caused intentionally or grossly negligently; if we maliciously concealed the defect or assumed a guarantee for the quality of the item; in the case of objects which have been used for a building in accordance with their normal use and have caused its defectiveness; for legal rights of recourse which you have against us in connection with rights based on defects.
10. Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without having to go to court. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/
We endeavour to settle any disagreements arising from our contract by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
11. Final provisions
11.1 Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
11.2 Contracts between us and you shall be governed exclusively by Luxembourg law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you normally reside shall remain unaffected by the choice of law.
11.3 If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
good-bye S.à r.l.
11A rue Wiltheim
L 5465 Waldbredimus
Phone: +352 691 17 07 57
Authorized to represent: executive manager Melanie Buhre
UST-ID: LU 25240905
Commercial Register Luxembourg: B 117423
Legal venue: Luxembourg
Responsible for content according to § 5 TMG is :
Melanie Buhre, 11A rue Wiltheim, 5465 Waldbredimus, Luxemburg.
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Status January 2020