Terms of Service
1. Scope of Application
The General Terms and Conditions (hereinafter "T&Cs") reproduced below shall apply to all orders placed via the online shop operated by MALAP creation GmbH (hereinafter: WAYDA) at https://wayda.de, https://wayda.fr, https://wayda.eu, and https://wayda.shop, by consumers and entrepreneurs.
For the purposes of these T&Cs, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
With respect to entrepreneurs, these T&Cs shall also apply to future contractual relationships without the need for any further reference to them. If the respective entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if WAYDA has expressly agreed to them.
You may access and print the currently valid T&Cs on the websites https://wayda.de, https://wayda.fr, https://wayda.eu, and https://wayda.shop.
2. Conclusion of Contract
The purchase contract is concluded between you as the customer (hereinafter: Customer) and WAYDA. The subject matter of the contract is the sale of goods.
The product descriptions contained in our online shop do not constitute binding offers by WAYDA, but serve to enable the Customer to submit a binding offer.
The Customer may submit the offer using the online order form integrated into WAYDA’s online shop. In doing so, after placing the selected goods into the virtual shopping cart without obligation and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that completes the order process.
Furthermore, the Customer may also submit the offer to WAYDA by email.
When you place an order with us, we will promptly send you an email confirming receipt of your order (order confirmation). However, this confirmation of receipt does not yet constitute acceptance; it merely informs you that your order has been received by us.
The purchase contract is concluded upon delivery of the goods, whereby the decisive factor is the receipt of the goods by the Customer.
3. Right of Retention / Retention of Title
The goods shall remain the property of WAYDA until full payment has been made.
If the purchaser is an entrepreneur, WAYDA shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
4. Payment
The following payment methods are available to the Customer in the online shop “WAYDA”:
4.1 Advance Payment
If the payment method advance payment is selected, our bank details will be provided to the Customer in the confirmation email; the goods will be shipped after receipt of payment.
4.2 PayPal
In order to pay the invoice amount via the payment service provider PayPal, the Customer must generally be registered with PayPal or register during the ordering process, authenticate themselves using their access data, and confirm the payment instruction to us. Further information is provided during the ordering process.
4.3 Credit Card (https://stripe.com)
By submitting the order, the Customer simultaneously transmits their credit card details to us. After the Customer has been verified as the lawful cardholder, MALAP creation GmbH shall, immediately after the order, request the Customer’s credit card company to initiate the payment transaction. The payment transaction is carried out automatically by the credit card company and the card is charged.
5. Transport Damage
If goods delivered by us show obvious transport damage, we kindly ask you to report such defects to the respective carrier as soon as possible and to contact us without delay.
Failure to make such a complaint or to contact us shall have no consequences whatsoever for your statutory rights or their enforcement, in particular your warranty rights. However, by doing so, you help us to assert our own claims against third parties (e.g. transport insurance or carrier).
6. Delivery Conditions
In addition to the product prices themselves, the Customer shall also bear the shipping costs. Details regarding the amount of shipping costs can be found in the respective offers.
7. Contract Language, Storage of Contract Text
The contract languages are German and English. We store the contract text and send you the order data and our T&Cs by email.
8. Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. Further information regarding the right of withdrawal can be found in our cancellation policy.
No voluntary right of withdrawal is granted to entrepreneurs.
9. Liability
We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives, or vicarious agents:
- in the event of injury to life, body, or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of guarantee promises, insofar as agreed, or
- insofar as the scope of application of the German Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is necessary for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on our part, our legal representatives, or vicarious agents, liability shall be limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract.
Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Choice of Law, Place of Performance, Jurisdiction
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).