General Terms and Conditions
Last updated May 29, 2020
Table of Contents
§ 1 Scope of application and Provider
Our following general terms and conditions (GTC) apply for all orders of goods, made by a consumer via the online-shop (www.waymanbespoke.com) as well as contracts and content in any form of the
Wayman Bespoke
Wayman UG (haftungsbeschränkt)
Eschersheimer Landstr. 152
60322 Frankfurt am Main
Germany
hereinafter referred to as “Wayman Bespoke”.
The following GTC in their respective current version at the time of the order do always and with no exception shall be applicable for all shippings and performances by Wayman Bespoke.
Individual contractual agreements have priority over these GTC. General terms and conditions which are in deviation from and/or are in conflict with and/or are complementing these GTC will not become part of the agreement, if not expressly agreed in their validity.
A consumer in terms of § 13 German Civil Code (13 BGB) and according the following GTC means every natural person who enters into a legal transaction for a purpose that can be attributed mainly neither commercial nor their independent vocational activity.
The following GTC in their respective current version at the time of the order do always and with no exception shall be applicable for all shippings and performances by Wayman Bespoke.
Individual contractual agreements have priority over these GTC. General terms and conditions which are in deviation from and/or are in conflict with and/or are complementing these GTC will not become part of the agreement, if not expressly agreed in their validity.
§ 2 Conclusion of contract
By ordering via the website the customer does make a binding offer to enter into a contract regarding the merchandise individually indicated by him. Wayman Bespoke only sells to end consumers for private use only in small amounts suitable for an average household. The contractual language shall be English.
We receive your orders automatically by our shop system. The receipt of the order will always be confirmed immediately. We ask you to notice that the mostly automatically generated confirmation of receipt itself does not already mean an acceptance of the order, but only indicates that we have received the order and it will be processed. Because of this we will accept your order separately, however, for reasons of simplification and quickening, we reserve to combine the acceptance with the confirmation of receipt meaning that in this case you will receive both declarations simultaneously.
To provide a better and safer proceeding it is necessary that all data provided by both parties are correct. We like to ask you to double-check thoroughly all data of your order before transmission. That is the only way to avoid largely errors, that possibility may not recognized by our system.
Were are entitled to avoid our declaration, if our order confirmation contains typographical or printed errors or if the representation or determination of our product prices in our web-site have technical transmission errors. In the case of avoidance we have to prove our error. We will refund all payments immediately which have possibly been already made by you.
§ 3 Saving of and access to the wording of the contract
We save the wording of the contract and send you all order data via e-mail. The GTC can be reviewed here at any time. You can review your previous orders in our Account log-in-area. If you are not registered with us your order data are not accessible via the Internet any longer due to safety reasons.
§ 4 Shipment and reservation of self-supply
The shipment of the merchandise will be carried out to all countries named in section 6. In the event not all of the ordered goods are on hand, we are entitled to perform the delivery in instalments on our costs, as far as the delivery in instalments are reasonable for you.
We expressly reserve the right to resign from the contract, if we are not capable without any fault of our part to ship the ordered merchandise because our suppliers do not meet their contractual obligations. In such an event we will inform you immediately that the merchandise is not available and will refund immediately all payments, which have possibly been already made by you.
§ 5 Reservation of title
Ownership of the merchandise will not pass to the purchaser until payment is made in full.
Any pledging, transfer by way of security, processing or deformation is not allowed without our expressive consent.
§ 6 Shipment and payment
All prices shown contain the statutory 19% VAT for customers based in the EU as well as all other price components. For customers outside of the EU, prices are shown without VAT.
An updating of our web page will invalidate all previous prices and other declarations. Only the respective version effective in the time of the order shall be decisive.
All shipments are shipped worldwide for free.
The payment of the merchandise ordered with us will be by PayPal or credit card. We like to notice that we will debit your account or your credit card immediately after the receipt of order.
In the event of an unauthorized denial of acceptance of the merchandise shipped by us, we will charge the occurring costs. Our right to demand performance of the contract remains unaffected. You are certainly able anytime to proof that the charges were lower in the respective individual case. In this event you are only obliged to pay the lower sum.
If in the event of a delay of shipment because of a so-called force majeure, war, strike affecting one of our suppliers or a natural disaster, we reserve the right to ship the merchandise as soon as this cause ceases to exist.
You are only entitled to offset claims if your counterclaim has finally established by court, is undisputed or accepted by us in writing.
You are only entitled to exercise your right of retention if the existing counterclaim results in the same contractual relationship. If that is not the case, such right of retention to be exercised by you is regarded as excluded.
§ 7 Warranty
The statutory provisions of warranty are applicable.
§ 8 Privacy terms
The data processing by Wayman Bespoke will be exercised in consideration of the effective Bundesdatenschutzgesetz (BDSG) – German federal data processing act- as well as the Telemediengesetz (TMG) – German federal telemedia act-. Apart from that we refer to the data privacy statement.
§ 9 Liability
Our liability is limited to wilful intent or gross negligence. Our liability for damages is limited to typical foreseeable-occurring damages in comparable cases if the duty attributable to Wayman Bespoke is because of simple negligence and a breach of a material contractual obligation (obligation, whose fulfilment mainly facilitates the proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract and the observance of which you as a client regularly rely on). In the event of injury to life, health or body, Wayman Bespoke shall be liable pursuant to the statutory provisions.
A liability according to the provisions of the Produkhaftungsgesetz (German product liability act) remains unaffected. Apart from that a further liability is excluded.
§ 10 Final provisions
German law applies for the execution of contract and the contract execution process of all contracts.
This only applies if and to the extend that it would not deprive the customer of the protection granted by mandatory legal provisions under the laws of that country in which the customer usually re-sides.
The provisions of the UN Convention on Contracts for the International Sale of Goods do expressly not apply here.
Should one or more provisions of the present GTC become invalid, the contract as a whole shall not be affected. The provision rendered invalid shall be replaced by the effective statutory rule.
Information requirements for distance contracts
1. Information about the essential characteristics of the goods
The essential characteristics of the goods offered by us can be found in the product descriptions on the product overview pages and the information and representations on the product detail pages. If you have inserted goods in the virtual shopping cart, you can get an overview of the goods and features until you dispatch your order.
Information about the identity of the company and contact information (including phone number)
Wayman Bespoke
Wayman UG (haftungsbeschränkt)
Eschersheimer Landstr. 152
60322 Frankfurt am Main
Germany
E-Mail: service@waymanbespoke.com
Authorized representatives:
Simon Wegmann
USt-ID: DE336364776
3. Information about total costs and pricing as well as shipping costs
The information about the total price and the price calculation can be experienced during the ordering process and even after inserting goods in the virtual shopping cart. Therefore you have to click on icon labelled “cart”.
4. Information about costs for using distance communication to enter a contract
For using our online offer and making an order no additional costs beyond those for using your Internet connection incurred.
5. Information about payment, delivery, performance, date of service delivery and complaint procedures
5.1 Terms of Payment
The payment terms are outlined in § 6 of the GTC.
5.2 Delivery and Service (see above).
The delivery and service conditions are outlined in §§ 3, 4 and 5 of the GTC (see above).
5.3 Appointment of service
After sending the order and and the 12 week production period, we will ship your order within 2 to 5 business days (from Monday to Friday, excluding public and religious holidays).
6. Information about the existence of a statutory warranty for defects
The statutory warranty provisions apply.
7. Information about the existence and the conditions of service and customer service
We offer you the opportunity to reach our customer service via the following contact options:
Live chat (Monday to Friday from 8am to 9pm CET, official public and religious holidays excluded)
E-Mail: service@waymanbespoke.com
The following services will be provided by our customer services:
- Personal consultation
- Responding to customer inquiries
- Order processing
- Information on delivery
All of our services are provided free of charge.
Information requirements for electronic commerce
1. Information about the conclusion of a contract
The contract between the seller and the buyer shall be in accordance with § 2 of the GTC provided by the seller (see above).
2. Information about the technical steps for the conclusion of the contract
The conclusion of the contract is made by offer and acceptance.
2.1 Procedure of an order / offer by customer
If the customer finds a product in the offer provided by the seller that corresponds to his interests, he can add this product to the virtual shopping cart. If the customer wants to view the product in the virtual shopping cart, he can click the “View Shopping Cart” at any time. If the customer does not want to order any longer goods, he can click “Update basket” after changing the commodity number in the input field “Quantity” by clicking on the button to remove from the virtual shopping cart or by achieving the desired number of goods. After goods were placed in the virtual shopping cart, the customer has to enter his data. The seller has marked the input fields accordingly, in which the customer has to give his compelling information for proper processing of the order.
2.2 Acceptance by the seller
Acceptance of the offer provided by the customer is made by the seller in accordance with § 2 of the GTC of the seller (see above).
3. Information about the storage of the contract and accessibility by the customer
The contract text is stored in the online shop provided by the seller. The GTC can always be viewed by the customer on the aforementioned online shop provided by the seller. The data of each order will be automatically sent to the customer via e-mail. After the customer has completed the order, the data is no longer accessible via the Internet.
4. Information about technical instruments for identifying and correcting input errors
The customer may correct his information at any time. This applies to the number of the ordered goods as well as for the selected goods itself. For this purpose the customer may change its data via mouse or keyboard and remove goods from the virtual shopping cart as well as increase the number of the goods. Furthermore all information of the order will be provided to the customer before the order is completed, so that the customer has the possibility of correction
5. Information about the languages for the contract conclusion
For the conclusion of contracts exclusively the English language is applicable.