General Terms and Conditions of WeeDo Funwear GmbH

The WeeDo Funwear GmbH (below „WeeDo“) offers the consumer, high quality, functional and colorful outdoor clothing for children.

 

I.  Jurisdiction, text format.

 1.    The following terms of service apply to all service relationships that WeeDo maintains with its customers. The customer, in the sense of these terms and conditions, is a natural or legal person or a legal partnership who, when concluding the legal transaction, acts in the exercise of their commercial or independent professional activity (entrepreneur).

 2.    WeeDo will not recognize any terms that conflict with these general terms and conditions, as well as deviating or supplementary terms. Changes, explanations and side agreements must be in text form to be effective.

 3.    In current business relationships of WeeDo, these general terms and conditions also apply to future business, unless a contrary written agreement has been made.

 

II.  Conclusion of contracts

1.    Subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

2.    A contract between WeeDo and the customer is concluded with the customer's declaration of acceptance following an offer from WeeDo or with WeeDo's declaration of acceptance following an order by the customer. For a declaration of acceptance, at least text form is required.

3.    Offers from WeeDo are subject to change unless a binding period is expressly stated. Unless expressly agreed otherwise in text form, customer orders are regularly executed on the basis of the current retail price list. WeeDo reserves the right to pass on any exchange rate fluctuations of +/- 3.

4.    Changes and additions in the contract between WeeDo and the customer must be recorded in writing.

 

III.  Prices, terms of payment, no setoff

1.    All prices offered by WeeDo are exclusive of VAT and, unless expressly agreed otherwise in writing, plus shipping costs, packaging and insurance.

2.    If the delivery is made to countries outside the European Union, additional costs may arise, e.g. Customs duties, taxes or money transfer fees (bank transfer or exchange rate fees) to be payed by the customer.

3.    WeeDo is entitled to partial deliveries and partial services at any time.

4.    Payments must be made in accordance with the conditions stated on the invoice.

5.    After the expiry of the terms stated in the subsection (4.). The payment deadline is due even if the customer is in default of payment without an undesired reminder. The statutory default interest rate is due from the start of default.

6.    WeeDo reserves the right to make deliveries only against prepayment.

7.    The customer is obliged to point out if his solvency changes in such a way that the performance claims of WeeDo are endangered.

8.    Offsetting the customer against claims other than those that have been determined or recognised by WeeDo as legally binding, undisputed claims or disputed, but ready for decision, is not permitted.

 

IV.  Delivery, terms of delivery

1.    Delivery dates are only binding if they have been expressly confirmed by WeeDo (e.g. in the offer or in the order confirmation) and in text form.

2.    WeeDo is not liable for the impossibility of delivery or service or for delivery or service delays insofar as these are caused by force majeure or other events that cannot be foreseen at the time of the order (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, lack of manpower, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the lack of delivery, incorrect or late delivery by suppliers), which WeeDo is not responsible for. If such events make delivery or service significantly more difficult or impossible for WeeDo and the hindrance is not only of a temporary nature, WeeDo is entitled to withdraw from the contract. In the event of temporary obstacles, the delivery times are extended or the delivery dates are shifted by the period of the hindrance plus a reasonable start-up period.

 

V.  Transfer of risk

 The place of performance for all services is the WeeDo company headquarters in Hamburg. If the goods are sent to another location at the customer's request, the risk is transferred to the customer as soon as the shipment has been handed over to the person carrying out the transport. If dispatch or delivery is delayed due to a circumstance the cause of which lies with the customer, the risk passes to the customer from the point at which WeeDo or a third party commissioned by WeeDo is ready for dispatch and has notified the customer of this.

 

VI.  Retention of title

 1.    WeeDo retains title to the goods delivered until all claims arising from the contractual relationship with the customer have been paid in full.

2.    The customer is authorized to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to WeeDo in advance for the fulfillment of all WeeDo claims from the purchase contract (including interest, additional claims and any legal costs) at the time they arise and the customer transfers to WeeDo the securities granted to the customer by the third party for this purpose WeeDo accepts this assignment and transfer of the securities. The assignment

also includes any balance claim from an agreed current account. Until WeeDo revokes it, the dealer is entitled to collect the assigned claim in his own name if he uses the collected funds to settle any outstanding liabilities to WeeDo.

3.    At the request of WeeDo, the customer is obliged to provide the names, contact persons and contact details of his customers (third-party debtors) against whom he has acquired claims through the sale of the reserved goods, as well as the amounts owed by these third-party debtors. The customer is obliged to inform WeeDo of any defences and objections asserted by the third party and to hand over to WeeDo copies of the customer's correspondence with the third party relating to the enforcement of the claim.

4.    If the realizable value of the collateral existing for WeeDo exceeds WeeDo's claims by more than 20%, WeeDo is obliged at the customer's request, to retransfer the claim and to release securities solely related to it, at WeeDo's choice and determination, with regard to the amount exceeding 120% of the claims.

 

VII.  Acceptance, warranty

1.    The goods ordered from WeeDo must be carefully inspected immediately after delivery by the customer or the third party specified by him, cf. Section 377 HGB. It is deemed to have been approved if WeeDo does not receive a written notice of defects in the event of a careful examination of recognizable defects within three working days after delivery or, in the case of hidden defects, immediately after discovery.

2.    The warranty period for defects in the delivered goods is 1 year after delivery. This does not apply if WeeDo has maliciously concealed the defect.

3.    WeeDo chooses to remedy the defect by repairing or delivering it later. If the rectification of the defect fails, the customer can choose to demand a reduction or withdraw from the contract.

4.    Defects in the delivered goods must be fully demonstrated to WeeDo. Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to the customer.

 

VIII.  Liability

 1.    In the event of simple negligence and gross negligence on the part of non-managerial employees or other vicarious agents, WeeDo is only liable insofar as it is a violation of essential contractual obligations. In the case of simple or gross negligence, this liability is limited to compensation for damage that was foreseeable at the time the contract was concluded and in which a risk typical of the contract was realized. Indirect damage is only reimbursable insofar as this damage is typically to be expected when the delivery item is used as intended. WeeDo is not liable for loss of profit or other financial loss of the customer.

 2.    WeeDo's liability for damage from injury to life, limb or health, for guaranteed quality features, for damage based on intent, as well as WeeDo's liability under the Product Liability Act remains unaffected by the above limitation of liability.

 

IX.  Applicable law, place of jurisdiction

1.    The law of the Federal Republic of Germany applies, excluding the UN sales law.

2.    The place of jurisdiction for all legal disputes arising from or in connection with the contractual relationship is Hamburg (Germany).

3.    Should individual provisions of these general terms and conditions be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the effectiveness of the general terms and conditions remains otherwise unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable regulation, the effects of which come closest to the objective pursued by the contracting parties with the ineffective or unenforceable provision.

last update: 05.10.2022