Terms of service
General Terms and Conditions
§ 1 Scope
The following General Terms and Conditions apply to all our business relationships with our business customers (hereinafter: "Buyer"), if the Buyer is an entrepreneur within the meaning of § 14 BGB.
§ 2 Request for Quotes
The presentation of products and services in the online shop does not constitute a legally binding offer but an invitation to submit a non-binding request for a quote. Prices are not displayed and are solely for orientation purposes when creating a request for a quote.
By clicking the "Request a Quote" button, the Buyer submits a non-binding request for a quote. This request is free of charge and does not lead to any monetary transaction.
§ 3 Offer and Conclusion of Contract
After receiving the request for a quote, the Seller will review it and send the Buyer a binding offer. This offer will be sent to the Buyer via email.
The purchase contract is only concluded when the Buyer confirms the binding offer in writing.
§ 4 Retention of Title; Set-off; Right of Retention
We retain title to the delivered goods until full payment of the purchase price has been made. For Buyers who are entrepreneurs, we retain title to the goods until all outstanding claims arising from the business relationship with the Buyer have been settled. The corresponding security rights are transferable to third parties.
The Buyer is only entitled to set-off if his counterclaims are legally established, undisputed, or acknowledged by us. The Buyer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
If the Buyer is in default with any payment obligations towards us, all existing claims become due immediately.
§ 5 Cancellation Policy
As an entrepreneur under § 14 BGB, you are generally not entitled to a right of withdrawal. However, if a contractual right of withdrawal has been exceptionally agreed upon, the following conditions apply:
You can cancel the order within fourteen days without giving any reason. However, there is no right of return for the products unless the goods are damaged or do not comply with the guidelines agreed upon in the purchase contract.
The cancellation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us, AWAVE GmbH, Chiara-Ambra-Platz 1, 77743 Neuried, Tel.: (+49) 7807/95 66 190, Fax: (+49) 07807/95 66 48, E-Mail: info@awave.de, of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, fax or email). You can use this withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. We may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
There is only a right of return for the products if the goods are damaged or do not comply with the guidelines agreed upon in the purchase contract. In these cases, you bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if the value loss is due to handling the goods in a manner other than what is necessary to establish the nature, characteristics, and functioning of the goods.
§ 6 Warranty
The statutory warranty rights apply. For goods customized according to customer specifications, we point out that any errors made by the customer in customization (e.g., spelling mistakes) are the customer's responsibility and do not trigger warranty rights.
§ 7 Liability
We are fully liable for intent and gross negligence. For simple negligence, we are liable – except in the case of injury to life, body, or health – only if essential contractual obligations (cardinal obligations) are violated. In this case, liability is limited to the foreseeable, typically occurring damage.
The limitations of liability also apply in favor of our legal representatives and vicarious agents.
§ 8 Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. The contract language is German. The Buyer has the option to conclude the purchase contract in either German or English.
§ 9 Place of Jurisdiction
For all disputes arising from or in connection with this contract, our place of business is the exclusive place of jurisdiction, provided the Buyer is a merchant, a legal entity under public law, or a special fund under public law. However, we are also entitled to sue at the Buyer's place of business.
§ 10 Final Provisions
If any provision of these General Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.
