General terms and conditions of the Online Shop of Wacom Europe GmbH - eu-store.wacom.com
Wacom Europe GmbH is a registered company with its headquarters at Völklinger Straße -1, 40219 Düsseldorf, Germany, registered with the Krefeld District court under the commercial registry number HRB 7273. It is represented by our General manager Mr. Masahiko Yamada (hereinafter referred to as “Wacom”, “we” or “us”).
Wacom has the following sales identification number: DE120692751 and can be reached at www.wacom.com/support/contact-support.
1.1 Our General terms and conditions (Allgemeine Geschäftsbedingungen) (hereinafter referred to as “Conditions”) apply exclusively; We do not recognize general terms and conditions of the buyer which conflict with our Conditions unless we have expressly agreed in writing that they apply. Our Conditions also apply if we implement delivery to the buyer without reservation with knowledge of conflicting general terms and conditions of the buyer which conflict or deviate from our own Conditions.
1.2 All agreements made between us and the Customer (hereinafter “Customer” or “You”) for the purpose of the execution of this agreement must be put in writing.
2. Changes in product features and availability of the products
2.1 Wacom is authorized to update, rework or terminate the products at any time. We may change the prices listed as available on our website at any time. The price listed applies for the day on which you visited our website.
2.2 All information regarding images, drawings, availability, weight, mass, performance and other design information are only binding if expressly agreed upon. We reserve the right to modify or deviate from the composition of the products according to our discretion if and to the extent that these changes only affect the purpose of the product in question in a minor way. The Customer is solely responsible for his intended use of the ordered items.
2.3 Information on the composition of the item are strictly product descriptions unless it is expressly guaranteed. The great interest of the Customer in certain features alone is not a guaranty if the granting of an express guaranty was not requested by the buyer and not approved by us.
2.4 Although care is taken to ensure the accuracy of the information published on the website, it can contain inaccuracies, errors or incorrect prices, for which Wacom accepts no liability.
3. Offer, Establishment of the agreement
Our offers are without obligation. An order made by you represents a binding offer. This offer can be accepted by Wacom by its own choice through the shipment of the product within 4 weeks. The receipt of your order is confirmed by a receipt confirmation, which does not constitute acceptance of the order.
4. Delivery, delivery dates, transfer of risk
4.1 The products are shipped exclusively to shipping addresses in the countries of the European Union excluding the French overseas départements, Melilla, Ceuta, Greenland, Faroe Islands, Helgoland, San Marino, Canary Islands and Andorra unless a special exceptional agreement is made with Wacom.
4.2 The shipping method, shipping route and the selection of the shipping company is at our discretion.
4.3 Wacom is entitled to perform partial services and to invoice them if no disadvantage results for the use of the products.
4.4 In the event that you are acting as an entrepreneur in terms of § 14 of the German Civil Code (BGB), the risk of accidental destruction is transferred to use when Wacom has transferred the products to the shipping company, the freight carrier or for persons appointed to be in charge of shipping and even when partial shipments occur.
4.5 Delivery deadlines and dates are always non-binding. Delivery occurs contingent on timely and sufficient shipments to us. Wacom strives to achieve on-time delivery. However, circumstances can occur (particularly outside of the sphere of influence by Wacom) which make he impossible to maintain the delivery date/delivery deadline. Therefore the delivery deadlines only are estimates and Wacom cannot guaranty a delivery date by the date indicated.
5.1 All of the information and prices listed are non-binding information which may contain errors.
5.2 You are authorized to make the payment by credit card, by pre-payment or cash on delivery. Wacom reserves the right to exclude certain forms of payment in individual cases. With payment by credit card or by pre-payment, this payment must be received at the latest by delivery of the products unless another agreement has been made between the Customer and Wacom. If you are in default of payment, Wacom is entitled to demand late fees in the amount of 5 percentage points above the current basic interest rate. We reserve the right to provide proof and assert higher damage claims for payment arrears.
5.3 Please transfer payments to the following bank account with pre-payments:
Acct. No. (Konto no.) 0708655602
Routing no. (Bankleitzahl): 320 800 10
IBAN: DE59320800100708655602 (Electronic format)
IBAN DE59 3208 0010 0708 6556 02 (Paper format)
BIC (SWIFT)-Code: DRESDEFF320
Order number, first and last name
The Customer must assume the costs of bank fees incurred through transfers within the European Union outside of the European IBAN system.
5.4 You are entitled to an offset if your counterclaims are determined to be legally valid or have been recognized by Wacom.
5.5 A lump-sum shipping cost fee in the amount of up to EUR 25.00 can be billed to the Customer per delivery. If the Customer selects the “charge on delivery” (COD) payment method, up to EUR 10.00 can be charged and are payable to the shipper as a COD fee. You can read additional information on our shipping costs during the order process.
5.6 If the Customer evokes the right of cancellation to which he is entitled according to § 312d BGB, he must assume the regular costs of the reshipment and the transport risk with an order costing up to EUR 40.00 unless the item delivered is not what was ordered.
6.1 Right of withdrawal for goods delivered
6.1.1 You can withdraw from your contractual agreement without having to provide a reason for doing so in writing (e.g., by letter, fax or e-mail) within 14 days or – if the commodity has been left to you before the end of the time limit – by returning the merchandise. The time limit starts upon receipt of this information in written form but not earlier than the merchandise is received by the addressee (or – in case of recurring deliveries of identical merchandise – not earlier than the first partial delivery is received), and also not before we have complied with our duty of information under Article 246 para 2 in conjunction with para 1 cls. 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our duties under Article 312e cl. 1 sentence 1 BGB in conjunction with Article 246 para 3 EGBGB. Your right of return is ensured if your written withdrawal and/or the return of the merchandise take place during the time limit.
6.1.2 Address the withdrawal to:
Wacom Europe GmbH Online Shop
Völklinger Straße -1
40219 Düsseldorf Deutschland
Fax: +49 (0)211 38548-111
6.1.3 Consequences of the withdrawal
If the case of a valid withdrawal, both parties have to return all services received by each of them, including any benefits (e.g., interest).
Should you not be able to return the goods or only return them partially or in a deteriorated condition, then you may be obligated to value replacement. This does not apply to goods whose deterioration is exclusively due to their being tested – the way you could have tested them in a retail shop where you buy them. You can avoid the obligation of value replacement of a commodity deteriorated due to its putting into operation as intended by not using it as if it was your property and not doing anything that could deteriorate the commodity. Commodities capable of being sent by parcel should be returned to us at our risk. You have to bear the cost of returning the merchandise if the merchandise delivered corresponds to what you ordered and if the price of the merchandise returned does not exceed the amount of 40 Euro or if in the case of a higher price of the merchandise you have not performed the service in return or made partial payment as agreed upon in the contract at the time of your withdrawal. In all other cases, the return delivery is free of charge for you. Merchandise not capable of being sent by parcel will be collected. Obligations of refund payments must be met within 30 days. The time limit begins for you when you post the withdrawal statement or the merchandise and for us when we receive either.
The right of withdrawal does not apply to the delivery of software products if the seal of the data volume has been broken by the consumer.
6.1.4 Right of withdrawal for downloads of software
You can withdraw from your contractual agreement without having to provide a reason for doing so in writing (e.g., by letter, fax or e-mail) within two weeks. The time limit starts upon receipt of this information in written form but not earlier than a contract has been concluded and also not before we have complied with our duty of information under Article 246 para 2 in conjunction with para 1 cls. 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our duties under Article 312e cl. 1 sentence 1 BGB in conjunction with Article 246 para 3 EGBGB. Your right of return is ensured if your withdrawal statement is sent during the time limit.
6.2.1 Address the revocation to:
Wacom Europe GmbH Online Shop
Völklinger Straße -1 40219
Fax: +49 (0)211 38548-111
6.2.2 Consequences of the withdrawal
If the case of a valid withdrawal, both parties have to return all services received by each of them, including any benefits (e.g., interest). Should you not be able to return the service or only return it partially or in a deteriorated condition, then you may be obligated to value replacement. A possible consequence is that you may have to meet your contractual payment obligations for the period until the withdrawal is made. Obligations of refund payments must be met within 30 days. The time limit begins for you when you post the withdrawal statement and for us when we receive it.
6.2.3 Special note
Your right to withdrawal expires early if the contract has been fulfilled by both parties in its entirety on your express request before you exercised your right of withdrawal.
End of the revocation instruction
7. Retention of property
7.1 Wacom maintains ownership of delivered products until complete payment of all due invoices for the delivered products.
7.2 We are entitled to reclaim the product in the event of conduct by the buyer which violates the terms of the contract, particularly with delayed payments. When we reclaim the item, you are not permitted to withdraw from the contract unless we have expressly stated this in writing. We are authorized to use the item after its repossession, the revenue for usage is to be added to the liabilities of the buyer – minus reasonable usage costs.
7.3 In the event of attachments or other impairments by third parties, the buyer must notify us immediately in writing.
8. Software licences
8.1 All software products including pre-installed software in the hardware products or bundled with this software is not sold but transferred for usage within the scope of each particular licensing agreement. The licensing is granted either by Wacom or the particular own of the software according to the licensing agreement, which is linked to the software and/or the product.
8.2 If no express software licensing agreement is supplied with the product, the software license is granted on a non-exclusive and non-transferable basis to one single user. The software may not be retranslated to other code forms (decompiling), returned to previous development stages (reverse engineering), edited, converted, further developed or transferred to another data medium.
9. Data protection
9.1 All personal data required to fill the order are handled in accordance with the relevant regulations of the Federal data protection law (Bundesdatenschutzgesetze, BDSG) and the teleservice data protection law (Teledienstdatenschutzgesetz, TDDSG), saved in machine-readable form and kept confidential. Data required to process the order such as name and address can be passed by Wacom to third parties as part of order handling, such as the shipment of the product, processing of payment transactions or the performance of a credit check.
You have the right to information, correction, blocking and deletion of your saved data at any time. Please contact firstname.lastname@example.org or please send us your request by post or fax.
10. Warranty, limitation of liability
10.1 If there is a defect in a purchase item which is our fault, the customer can request a re-filling of the order (remedy of defects or delivery of replacement parts).
10.2 If we are not willing or not able to provide a remedy to the defect / replacement parts and, in particular, if the delay extends beyond reasonable periods of time for reasons beyond our control or if the efforts to remedy the defect/supply replacement parts fail more than twice, the buyer is entitled to choose whether he wishes to withdraw from the agreement or to request a reduction of the purchase price.
10.3 Wacom is only liable for damages claims for others or through damage life, limb and health if this damage is due to malicious intent or grossly negligent actions or through culpable violation of a major contractual violation by Wacom or its vicarious agents. Liability for damages which goes beyond this scope is precluded. The provisions of the Product liability law (Produkthaftungsgesetz) remain unaffected.
10.4 Damages resulting from improper actions of the client or those which violate the terms of the agreement in erection, connection, operation and storage do not justify a claim against Wacom. Improper usage or contractual violations are determined in particular according to the product information.
10.5 Data communication via the Internet cannot be guaranteed to be malfunction-free and/or available at all times according to the current state of the art. We are therefore not liable for a lack of availability of our online shop at any time.
11. Place of performance and jurisdiction
The place of performance and sole jurisdiction is Krefeld insofar as it deals with a business person in the sense of the German Commercial Code (HGB) or a statutory corporation or if your place of residence or usual residency is at the time of the commencement of an action not in the country or is unknown.
12. Final provisions
12.1 If one of the clauses of these terms so be or become invalid, in full or in part, the remaining clauses remain unaffected.
12.2 All disputes resulting from this legal relationship are subject to German law with exclusion of United Nations Convention on Contracts for the International Sale of Goods.
12.3 Information about Online Dispute Resolution: The European Commission operates an internet platform for the Online Dispute Resolution (“ODR-platform”). The ORD-platform serves as contact point for out-of-court resolutions of disputes concerning contractual obligations stemming from online sales or service contracts. You will find the ORD-platform at http://ec.europa.eu/consumers/odr.
Last update: June 22, 2016
Wacom Europe GmbH, Online Shop, Völklinger Straße -1, 40219 Düsseldorf