WYRE SPORTS GmbH
1st November, 2016
The following are our general terms and conditions of business. All our services rendered and deliveries made are exclusively on these terms and conditions.
All services, offers and supplies of WYRE Sports GmbH (hereinafter referred to as “WYRE”) rendered through our online store are subject to the following Terms and Conditions. The version valid at the time and date of the conclusion of the contract is applicable.
If a client uses or intends to use contrary or supplementary terms their validity is hereby rejected and they will only form part of the contract if we have expressly agreed to them.
2. Contractor contract
By presenting the products in our online shop we do not give a binding offer to conclude a contract on any article. It is an invitation to the customer to submit a binding offer to WYRE. You can initially add our products in the shipping cart and correct your entries at any time following the provided options and functionality of the website before transmitting your binding order. By ordering the desired goods the customer makes a binding offer to conclude a purchase contract. WYRE shall send a confirmation of the order by e-mail. This confirmation of receipt shall not constitute a binding acceptance of the order. The purchase contract will only be effective when you received an express order confirmation by WYRE or the goods are shipped to you.
We save contractually relevant details and send you the order data and a link to our terms and conditions via e-mail. The terms and conditions can be viewed at any time on this page.
We only provide our services via dispatch route. A collection of goods is not possible. In addition to the specified product prices, shipping costs will be charged on top according to geographies:
– For deliveries within Germany:
Shipping of cost EUR 5.29 per order
– For deliveries within the EU:
Shipping costs of EUR 8.15 per order
– For deliveries within Switzerland:
Shipping costs of CHF 8.25 per order
– For deliveries within the UK:
Shipping costs of GBP 5.99 per order
– For deliveries within the UAE:
Shipping costs of AED 20.00 per order
For deliveries to all other countries a fixed shipping cost of EUR 60.00 per order is applied.
4. Cancellation and non-acceptance rights
WYRE expressly reserves the right to cancel your order in the following situations, without being liable for any costs or damages:
– Your account information is not correct or not verifiable,
– The product is not in stock (all payments are promptly refunded after consultation),
– The price quotation was incorrect,
– We were unable to deliver the goods to the address you provided
If the ordered goods despite previous conclusion of a corresponding purchase contract are not, no longer or not available in time without the fault of WYRE, WYRE will inform you immediately. In case of a delay in delivery it is your choice to wait for the ordered goods or to cancel the contract. In case the delivery is impossible, each you and WYRE have the right to cancel the contract. In case of cancellation you will be refunded any payments immediately.
All stated online shop prices include statutory VAT, as and where required. In Switzerland, the prices include statutory Swiss VAT and the customs clearance charges which are directly paid by WYRE to the Swiss government.
Our prices are listed in the order confirmation and are payable when the order is placed or delivered. We do not accept any deductions from the designated invoice amount (for example, discounts) and reject any conflicting terms and conditions or other provisions of our contract partners.
In our online shop you can select between the following payment methods:
– Credit card
Your credit card will be charged when completing the purchase.
– Debit card
The debiting of the purchase price from your account takes place upon completion of the order.
You pay the invoice amount via the online service provider Paypal. You can use the service completely free of charge and, as the payment is usually received immediately, WYRE will be able to send orders to you sooner. Importantly, Paypal offers a protection for you as the purchaser of goods for free. More information can be found under www.paypal.com.
6. Retention of title
The goods remain our property until the payment is received in full.
For entrepreneurs in commercial or independent professional activity, legal entities under public law or public special assets applies in addition: WYRE reserves the title to the goods until the full settlement of all outstanding claims of the business relationship. You may resell the goods in the normal course of business but all arising receivables and the rights to those – irrespective if the goods under retention of title are mixed with a different matter or not – in the amount invoiced will be assigned to us, and we accept this assignment. You remain authorized to collect the receivables, however, we may also collect the receivables ourselves, and insofar you fail to meet your payment obligations.
If the customer fails to meet any of its payment obligations towards us all existing claims become due immediately.
Unless herein expressly agreed otherwise, the statutory warranty rights apply. The statutory warranty period is two years and begins with the hand-over of goods to you. During that time we will remedy all defects subject to the statutory warranty at no cost to you.
For entrepreneurs, the statute of limitations is one year from the passing of risk. The statute of limitations for the right of recourse according to §478 BGB remains unaffected. For entrepreneurs only our own specifications and the product descriptions of the manufacturer that have been included in the contract are valid regarding the nature and quality of the goods. We assume no liability for public statements by the manufacturer or other promotional statements.
Kindly report any faulty goods immediately to the delivery company, if possible, or to WYRE directly. If the delivered goods are defective, you may initially only claim rectification. If this fails, may choose between rescinding the contract or a reduction of the purchase price and damage compensation, as far as the law permits. Please note that normal wear and tear is not covered by the warranty, and golf balls, in particular, are subject severe wear and tear. If we commit to a replace an article and items are not available or no longer available, we reserve the right to send you a replacement equal in quality and price. Such replacement can also be returned within 14 days if you are not satisfied.
9. Online Dispute Resolution
Online Dispute Resolution in accordance with Article 14, Section 1 of ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/.
10. Language and Law
This translation is just of indicative character. The contractual language is and remains German. Please find the binding version in German on our German website.
German law applies exclusively, to the exclusion of CISG (UN sales law). The applicability of mandatory standards of the country in which the customer has his/her customary residence when the contract is concluded remains unaffected by this choice of law.
The exclusive venue for any disputes arising from contractual relationships between us and you is our business location.
Should parts of these terms and conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions. The invalid or unenforceable terms shall be replaced by terms which come closest to what was intended by the parties originally. This also applies to any contractual loopholes.
Consumers have the legal right of revocation as described below. Entrepreneurs will be given no voluntary withdrawal.
Rights of revocation
You have the right to revoke your contractual agreement in writing (e.g. by letter or e-mail to email@example.com) within fourteen days from the date on which you or a representative of you other than the dispatch service provider have taken possession of the goods.
To exercise your right, you have to inform us by way of unambiguous statement (for example, a consigned by post mail, fax or e-mail) of your decision to revoke the contract.
The cancellation period will be deemed not to have been exceeded if the revocation or the goods are mailed in good time. In order to not exceed the cancellation period the timely mailing of the revocation or the merchandise is sufficient.
Consequences of revocation
If you revoke the contract, the mutually received performances must be returned and any derived profits (e.g. interest) must also be returned. We will reimburse all payments we have received from you, including the shipping costs if any (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery other than the cheapest option offered by us) latest within fourteen days from the date on which the revocation notification has been received by us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
You have to return the goods promptly and in any event not later than fourteen days from the date on which you inform us of any cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days.
For all European countries, please send the goods to:
c/o WYRE Sports GmbH
For the UAE, please contact us via firstname.lastname@example.org and we will assist you for your return shipment
You bear the cost of returning the goods in full.
You will have to compensate us for any diminished value of the goods in case the loss in value is caused by you due to inappropriate or unnecessary handling when assessing the nature, characteristics and functioning of the goods.
End of revocation
13. Supplier identification
WYRE Sports GmbH
Amtsgericht Mannheim, HRB 724572
VAT ID DE305978802
MD: Stefan Albrecht
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.