Terms and Conditions

for the online shop at the following URL

https://big-difference.com/

run by

WIKO Klebetechnik Sp. z o.o.
8 Ekonomiczna Street
42-271 Częstochowa
Email: info@big-difference.com
Telephone number: +49 4192 8778970

– hereinafter referred to as: the Provider –

 

1. Scope

These General Terms and Conditions (GTC) shall apply, upon their incorporation, to all contracts concluded for the purchase of goods, services or other items (hereinafter referred to as „Goods“) in the online shop at the above-mentioned URL, in the version valid at the time the contract is concluded. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not form part of the contract unless the supplier expressly agrees to them.

2. Conclusion of the contract

2.1 The offers in the online shop constitute a non-binding invitation by the provider to visitors to the online shop to make an offer to purchase the goods offered in the shop.

2.2 Orders for goods are placed via the supplier’s online order form. Once the desired goods have been selected, all the required information has been entered and all other mandatory steps in the ordering process have been completed, the selected goods can be ordered by clicking the ‘Order’ button at the bottom of the checkout page (Order). By placing the order, the customer submits a binding offer to enter into a contract for the purchase of the selected goods. The contract is concluded when the supplier accepts the customer’s offer. Acceptance takes place when the supplier confirms the conclusion of the contract in writing or in text form (e.g. by email) (Order Confirmation) and this Order Confirmation is received by the customer; or by delivering the ordered goods and these goods being received by the customer; or by requesting payment from the customer (e.g. an invoice or credit card payment during the ordering process) and the payment request is received by the customer; the time at which the contract is concluded is determined by the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.

2.3 Before submitting a binding order via the Provider’s online order form, the Customer may check their entries and correct them at any time using the standard keyboard, mouse, touch or other available input functions. Furthermore, all entries are displayed once more in a confirmation window before the order is submitted in a binding manner and can also be corrected there using the standard keyboard, mouse, touch or other available input functions.

2.4 The Supplier shall store the text of the contract after it has been concluded and send it to the customer in writing (e.g. by email). The Supplier will not make the contract text available in any other way. If the purchase was made via a customer account in the online shop, the customer may view their orders and the associated order details there.

2.5 The following languages are available for the conclusion of the contract: German, English, French, Italian

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3. Right of withdrawal for consumers

Consumers generally have a right of withdrawal in respect of contracts concluded away from business premises and distance contracts. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity. Further details can be found in the cancellation policy, which is provided to every consumer at the latest immediately before the contract is concluded.

4. Payment, Default

4.1 The prices listed in the online shop at the time of placing the order shall apply. All prices include statutory VAT and are subject to any delivery charges that may be specified. The customer will be informed of the available payment options in the provider’s online shop.

4.2 If „payment in advance“ has been agreed, the purchase price is due immediately upon conclusion of the contract.

4.3 Where „purchase on account“ has been agreed, payment is due immediately upon conclusion of the contract, unless a different payment term has been specified in the invoice or during the purchase process.

4.4 If „SEPA Direct Debit“ has been agreed, payment is due immediately upon conclusion of the contract. Before the purchase price is debited, the customer will be informed of when to expect the agreed purchase price to be debited (pre-notification). The direct debit will not be taken before this pre-notification has been received and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient funds in the account, the provision of incorrect bank details or for any other reasons for which the customer is responsible, the customer shall bear any chargeback fees that may arise, provided that they are responsible for the failure of the direct debit.

5. Retention of title

The goods purchased remain the property of the supplier until the purchase price has been paid in full.

6. Delivery and the right to reserve the right to supply

6.1 Unless otherwise agreed, delivery shall be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 Unless otherwise agreed, deliveries made by a haulage contractor are „free kerbside“. This refers to delivery to the nearest public kerb to the specified delivery address.

6.3 Customers may not collect the goods they have purchased in person.

6.4 If the Supplier is unable to deliver the goods ordered because, through no fault of its own, it has not itself been supplied, despite having concluded a matching covering transaction with a reliable supplier in good time, the Supplier shall be released from its obligation to perform and may withdraw from the contract. The Supplier is obliged to inform the Customer without delay of the impossibility of performing the contract. Any consideration already paid by the other party shall be refunded to them without delay. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The provisions of the statutory warranty for defects apply.

8. Liability and Indemnity

8.1 The provider shall be liable without limitation:

• for damages arising from loss of life, bodily injury or damage to health resulting from an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
• for damage resulting from an intentional or grossly negligent breach of duty by the provider, or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
• on the basis of a warranty undertaking, unless otherwise agreed in this regard;
• on the basis of mandatory liability (e.g. under the Product Liability Act)

8.2 If the Provider breaches a material contractual obligation through negligence, its liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the Provider, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Customer may reasonably rely.

8.3 In all other respects, the Provider, its vicarious agents and its legal representatives shall not be liable.

8.4 The customer shall indemnify the provider against any claims by third parties – including the costs of legal defence up to the statutory limit – which are brought against the provider as a result of the customer’s unlawful or breach-of-contract actions.

9. Data protection

The provider treats its customers’ personal data as confidential and in accordance with statutory data protection regulations. Please refer to the provider’s privacy policy for further details.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer whose habitual residence is in the EU being deprived of the protection afforded by mandatory provisions of the law of their country of residence. 

10.2 If the customer is a trader, a legal entity governed by public law or a special fund governed by public law, the court at the provider’s registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of our company is set out in the heading of these Terms and Conditions.

10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11. Information on online dispute resolution / consumer arbitration

The provider participates in a dispute resolution procedure before a consumer arbitration board. The competent body is the Universal Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de).

You will find our email address in the heading of these Terms and Conditions.