Preamble
These General Terms and Conditions (hereinafter referred to as “GTC”) govern all legal relationships between
WEBBICS Handelsgesellschaft mbH
Weizenring 25
21502 Geesthacht
Commercial Register: HRB 22246 HL, Register Court Lübeck
represented by Hendrik Osmers and Conrad Kath
(Email: info@highsider.de)
and its customers (consumers or entrepreneurs) within the framework of contracts concluded via the online shop of WEBBICS Handelsgesellschaft mbH.
1) Scope
1.1 These General Terms and Conditions apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with WEBBICS Handelsgesellschaft mbH within the scope of the offer presented in the online shop.
Unless expressly agreed otherwise, the General Terms and Conditions exclude the customer's conditions, unless expressly agreed otherwise.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions presented in the online shop of WEBBICS Handelsgesellschaft mbH are non-binding representations and invite the customer to submit a binding offer.
2.2 The customer can submit an offer using the order form integrated in the online shop. By clicking the button to complete the order process, the customer submits a legally binding contractual offer for the goods placed in the shopping cart. The offer can also be submitted by telephone, fax, or email.
2.3 WEBBICS Handelsgesellschaft mbH accepts the customer’s offer within five days by:
• Sends the customer a written order confirmation (also in text form by fax or email), or
• Delivers the ordered goods or
• Requests payment from the customer.
If several of these options occur, the contract is deemed concluded as soon as the first acceptance occurs. The acceptance period begins on the day after the offer is sent and ends on the fifth day.
2.4 If you select payment methods via third-party providers (such as PayPal), the current terms of use of the payment service provider apply.
2.5 After the contract is concluded, the contract text will be saved by WEBBICS Handelsgesellschaft mbH and sent to the customer in text form (e.g., by email). If a user account exists, the order data will also be archived in the protected customer area.
2.6 The customer has the opportunity to check and correct any input errors before submitting his order.
2.7 The contract may be concluded in several languages. The language available in the online shop is decisive.
2.8 Order processing and contact are generally conducted via email. It is the customer's responsibility to ensure that the email address provided is correct and that emails can be received (e.g., by setting appropriate filters).
3) Right of Withdrawal
3.1 consumers are basically entitled to a right of withdrawal.
3.2 Further information on this can be found in the cancellation policy provided separately by WEBBICS Handelsgesellschaft mbH.
4) Prices and terms of payment
4.1 Unless otherwise stated in the product description, all prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be listed separately.
4.2 The payment options offered in the online shop will be displayed to the customer during the ordering process.
4.3 If payment in advance is agreed, the amount due must be transferred immediately after conclusion of the contract, unless another due date has been agreed.
5) Delivery and shipping conditions
5.1 If WEBBICS Handelsgesellschaft mbH offers shipping, delivery will be made to the delivery address provided by the customer within the agreed delivery area. The address provided during the order process is decisive.
5.2 Should delivery fail due to reasons attributable to the customer, the customer shall bear the reasonable costs incurred. If the right of withdrawal is effectively exercised, the provisions regarding return shipping costs specified in the cancellation policy apply.
5.3 For entrepreneurs, the risk of accidental loss or deterioration of the goods shall pass to the customer as soon as the goods are handed over to the carrier or another party designated to carry out the shipment; for consumers, in principle, only upon handover.
5.4 Should delivery bottlenecks or problems occur, WEBBICS Handelsgesellschaft mbH will inform the customer immediately and, if necessary, refund any payments already made.
5.5 If WEBBICS Handelsgesellschaft mbH offers to collect the goods, this will be done during the business hours specified therein without additional shipping costs.
5.6 Vouchers are usually made available to the customer by email.
6) Retention of title
6.1 In the case of consumers, WEBBICS Handelsgesellschaft mbH reserves ownership of the delivered goods until full payment has been made.
6.2 In the case of entrepreneurs, ownership of resold goods remains until all claims arising from the business relationship have been settled in full.
6.3 When processing the delivered goods, the following applies:
• If the goods are processed, the newly created goods will be transferred to WEBBICS Handelsgesellschaft mbH in proportion to the original invoice values of the materials used.
• If the goods are combined or mixed with other materials, the proportion must be determined based on their respective values. In such cases, the customer is considered the custodian and is obligated to provide appropriate notification.
7) Liability for defects (guarantee)
7.1 The statutory warranty rights apply to consumers.
Different rules apply to entrepreneurs:
• The WEBBICS Handelsgesellschaft mbH chooses the type of subsequent performance.
• For new goods, the warranty period for defects is one year from delivery; for used goods, warranty rights may be excluded.
• A replacement delivery does not result in a new start of the period.
7.2 These warranty provisions do not affect statutory claims in the event of fraudulent concealment of defects, injury to life, body or health or the provision of updates to digital products.
7.3 For entrepreneurs, statutory rights of recourse remain unaffected.
7.4 In the case of merchants, the obligation to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) also applies; if no notification of defects is made, the goods shall be deemed to have been approved.
7.5 Consumers are requested to immediately report any obvious transport damage to the delivery company and to inform WEBBICS Handelsgesellschaft mbH, without this affecting their warranty rights.
8) liability
8.1 WEBBICS Handelsgesellschaft mbH is fully liable for:
• Intent or gross negligence,
• Injury to life, body or health,
• Guarantee commitments, unless otherwise agreed,
• Liability according to mandatory legal provisions (e.g. product liability).
8.2 In the event of negligent breach of essential contractual obligations (cardinal obligations), liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability exists pursuant to Section 8.1.
8.3 In all other cases, liability is excluded unless mandatory liability regulations apply.
8.4 These limitations of liability also apply to vicarious agents and legal representatives of WEBBICS Handelsgesellschaft mbH.
9) Redeeming Promotional Vouchers
9.1 Promotional vouchers issued free of charge as part of promotional campaigns can only be redeemed in the online shop within the specified period of validity.
9.2 Individual products may be excluded from voucher promotions, provided this is expressly stated in the voucher.
9.3 Promotional vouchers may only be redeemed before the order process is completed; subsequent settlement is excluded.
9.4 It is generally possible to redeem several promotional vouchers in one order, provided that the value of the goods is at least equal to the voucher value.
9.5 Any remaining balance will not be refunded.
9.6 If the voucher value is not fully used for the purchase, the difference can be paid using another payment method.
9.7 Cash payment or interest on the voucher value is excluded.
9.8 In the event of exercising the statutory right of withdrawal, the voucher already redeemed will not be refunded.
9.9 The voucher is generally non-transferable and is intended exclusively for the designated person.
10) Redeeming Gift Certificates
10.1 Gift vouchers purchased may only be redeemed in the online shop, unless otherwise agreed.
10.2 Remaining balances on gift vouchers can be used until the end of the third year after the purchase of the voucher and will be credited to the customer until the expiry date.
10.3 Redemption shall only take place before the completion of the order process; subsequent settlement is excluded.
10.4 Multiple gift vouchers can be combined in one order.
10.5 Gift vouchers cannot be used to purchase additional vouchers.
10.6 If the voucher value does not cover the entire order value, an alternative payment method offered in the shop must be selected to settle the difference.
10.7 Cash payment or interest on the gift balance is excluded.
10.8 When redeeming a gift voucher, the identity of the redeemed holder is taken into account. Should there be reasonable suspicion of misuse (e.g., lack of legal capacity), WEBBICS Handelsgesellschaft mbH reserves the right to adjust the redemption.
11) Applicable law
All legal relationships shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the minimum statutory protection is not withdrawn.
12) Jurisdiction
For customers who act as merchants, legal entities under public law, or special funds under public law and are domiciled in Germany, the exclusive place of jurisdiction is the registered office of WEBBICS Handelsgesellschaft mbH. For customers domiciled outside Germany – provided the claims arise from professional or commercial activities – the registered office of WEBBICS Handelsgesellschaft mbH shall also be the exclusive place of jurisdiction. However, WEBBICS Handelsgesellschaft mbH reserves the right to bring proceedings before the court at the customer's registered office.
13) behavioral code
WEBBICS Handelsgesellschaft mbH adheres to industry-standard quality criteria. Where applicable, reference is made to additional certifications (e.g., Trusted Shops) or quality standards, which are available on the website.
14) Alternative Dispute Resolution
WEBBICS Handelsgesellschaft mbH is neither obligated nor willing to participate in dispute resolution proceedings before consumer arbitration boards. Further information on this can be found in the information on alternative dispute resolution on the website.