Terms of Service

 

 

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

  1. The following General Terms and Conditions apply to contracts that you conclude with us as the provider WeEarth via the website www.weearth.eu. Unless otherwise agreed, the inclusion of any terms you may have used is expressly rejected.

  2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of Contract

  1. The subject of the contract is the sale of goods.

  2. As soon as we have listed the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the product description.

  3. The contract is concluded via the online shopping cart system as follows:

    • The goods intended for purchase are placed in the "shopping cart." You can access the shopping cart via the corresponding button in the navigation bar and make changes there at any time.
    • After accessing the "checkout" page and entering your personal data as well as payment and shipping conditions, you will be shown an order summary page displaying all order details.
    • If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofort), you will either be redirected to our online shop’s order summary page or to the respective provider’s website.
    • If you are redirected to the instant payment provider, you must make the necessary selections or enter your data there. Afterward, you will be redirected back to the order summary page in our online shop.
    • Before submitting the order, you have the opportunity to review all the details, make changes (also using the "Back" function of your browser), or cancel the purchase.
    • By submitting the order via the "Order with obligation to pay" button, you legally accept our offer, and the contract is concluded.

  4. Order processing and transmission of all information necessary for the conclusion of the contract take place via email, partly automated. You must ensure that the email address you provided is correct and that you can receive emails technically, particularly that they are not blocked by spam filters.

§ 3 Special Agreements on Payment Methods Offered

  1. Payment via Klarna Checkout
    In cooperation with Klarna, we offer the following payment options. Payment is made directly to Klarna:

    • Klarna Invoice: Payable within 14 days from the invoice date. The invoice is issued when the goods are shipped and sent via email. You can find the invoice terms here.
    • Klarna Installment Purchase: Klarna's financing service allows you to pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). More information on Klarna installment payments, including the general terms and conditions and the European standard information for consumer credits, can be found here.
    • Instant Bank Transfer
    • Credit Card (Visa/Mastercard)
    • Direct Debit

    The payment options are provided within the Klarna Checkout framework. Further information and the terms of use for Klarna Checkout can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in compliance with applicable data protection regulations and according to Klarna’s privacy policy.

§ 4 Right of Retention, Retention of Title

  1. You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

  2. The goods remain our property until full payment of the purchase price.

  3. If you are an entrepreneur, the following additional provisions apply:

    a) We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or transferring ownership as security before the transfer of ownership is not permitted.

    b) You may resell the goods in the ordinary course of business. In this case, you assign to us all claims up to the amount of the invoice that you acquire from the resale, and we accept the assignment. You are authorized to collect the claim further. If you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

    c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

    d) We are obliged to release the securities owed to us at your request if the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty

  1. The statutory warranty rights apply.

  2. As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier as soon as possible. Failure to do so has no effect on your legal warranty rights.

  3. If you are an entrepreneur, the following applies:

    a) Only our own details and the manufacturer’s product description are considered agreed as the quality of the goods, not public promotions, advertisements, or statements by the manufacturer.

    b) In the event of defects, we provide a warranty through rectification or replacement delivery at our discretion. If defect correction fails, you may demand a price reduction or withdraw from the contract. Defect correction is deemed unsuccessful after a second failed attempt unless something else results from the nature of the item, the defect, or other circumstances. In the event of rectification, we are not obliged to bear any increased costs arising from the relocation of the goods to a different place than the original fulfillment location.

    c) The warranty period is 14 days from the delivery of the goods. This shortened period does not apply:

    • If we are liable for damages due to intentional or gross negligence, including bodily harm.
    • If we have fraudulently concealed the defect or provided a guarantee for the quality of the item.
    • For items that were used for a building in accordance with their usual use and caused its defectiveness.
    • For legal recourse claims you have against us regarding warranty rights.

§ 6 Choice of Law

  1. German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of their country of residence.

  2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.