Terms of service

1. Scope

The following General Terms and Conditions (GTC) 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 ; https://wayda.shop
by consumers and entrepreneurs.

A consumer within the meaning of these terms 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 legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

With respect to entrepreneurs, these GTC shall also apply to future contractual relationships without the need for renewed reference. If the 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. The currently valid GTC can be accessed and printed on the websites listed above.

2. Conclusion of the 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 in our online shop do not constitute binding offers by WAYDA but serve as an invitation for the customer to submit a binding offer. The customer may submit the offer via the online order form integrated into the WAYDA online shop. After placing the selected goods in the virtual shopping cart without obligation and completing the electronic ordering process, the customer submits a legally binding offer for the goods contained in the shopping cart by clicking the button that completes the order process.

The customer may also submit the offer via email to WAYDA.
After placing an order, you will receive an email confirming receipt of your order (order confirmation). However, this confirmation does not constitute acceptance of the offer; it merely informs you that your order has been received.

The purchase contract is only 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 remain the property of WAYDA until full payment has been received.

If the buyer is an entrepreneur, WAYDA retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.

4. Payment

The following payment methods are available to the customer in the “WAYDA” online shop:

4.1 Prepayment

In the case of prepayment, 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

To pay the invoice amount via the payment service provider PayPal, the customer must be registered there or register during the ordering process, authenticate themselves with their login details, and confirm the payment instruction. 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 verification of the customer as the legitimate cardholder, MALAP creation GmbH immediately requests 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 ask that you report such defects to the delivery agent immediately and contact us without delay. Failure to make such a complaint or contact us has no consequences for your statutory rights or their enforcement, particularly your warranty rights. However, this helps us to assert our own claims against third parties (e.g. transport insurance or carrier).

6. Delivery Conditions

In addition to the product prices, the customer must also bear the shipping costs. Details of the 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 GTC by email.

8. Right of Withdrawal

Consumers have a statutory right of withdrawal. Further information on the right of withdrawal can be found in our withdrawal policy. No voluntary right of withdrawal is granted to entrepreneurs.

9. Liability

We shall be liable without limitation for claims arising from damages caused by us, our legal representatives, or agents:

  • in the event of injury to life, body, or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner may regularly rely, caused by slight negligence by us, our legal representatives, or agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract and typically expected to occur. Otherwise, claims for damages are excluded.

10. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be found 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 jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.

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).