Terms of service
General Terms and Conditions
1. Scope
These General Terms and Conditions apply to all orders for goods from the Wakapapa online shop.
2. Contractual Partner
The contractual partner of the customer for orders from the Wakapapa online shop is:
K&N Schurwoll GmbH, represented by Managing Director Marcel Krah
Holzbachstr. 14
56249 Herschbach
Registered in the Commercial Register of the District Court of Montabaur, HRB: 2592
Phone: +49 26 26 / 927 9878
Email: contact@wakapapa.de
3. Conclusion of Contract
(1) By clicking the "Order with obligation to pay" button, the customer submits a binding offer to purchase the goods in the shopping cart.
(2) The order confirmation automatically sent after the order is submitted confirms the contents and receipt of the customer’s order by K.&N. Schurwoll GmbH but does not yet constitute acceptance of the customer’s offer. A contract with K.&N. Schurwoll GmbH is only concluded through an acceptance declaration by K.&N. Schurwoll GmbH, which is sent via a separate email (order confirmation or shipping confirmation) or at the latest by shipping the order.
4. Product Availability
If the ordered goods are not available at the time of the order, K.&N. Schurwoll GmbH reserves the right not to accept the order, and no contract is formed. The customer will be informed immediately, and any payments already made will be refunded.
5. Prices and Shipping Costs
(1) All prices are listed in euros and include the applicable statutory VAT.
(2) The customer can pay the purchase price via PayPal or PayPal+.
(3) Delivery within Germany is free of charge. For deliveries outside of Germany, the following flat-rate shipping costs apply:
- €9.95
(4) Delivery takes place within 3-5 days from the order confirmation by K.&N. Schurwoll GmbH.
6. Warranty
(1) If the customer is a consumer as defined by § 13 BGB, the statutory warranty rights apply.
(2) If the customer is a business, i.e., if the order is placed in the exercise of the customer’s commercial or independent professional activity, claims for defects against K.&N. Schurwoll GmbH expire 12 months from the delivery of the goods. Excluded from this are claims arising from injury to life, body, or health caused by a negligent breach of duty by K.&N. Schurwoll GmbH or an intentional or negligent breach of duty by a legal representative or agent of K.&N. Schurwoll GmbH.
7. Liability
(1) Claims for damages by the customer against K.&N. Schurwoll GmbH are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, or health and liability for other damages based on an intentional or grossly negligent breach of duty by K.&N. Schurwoll GmbH, its legal representatives, or agents. Liability for the breach of duties essential for the proper execution of the contract, which the customer regularly relies upon, remains unaffected. In the case of slightly negligent breaches of these contractual obligations, K.&N. Schurwoll GmbH is only liable for foreseeable, contract-typical damages unless they involve damages claims arising from injury to life, body, or health.
(2) The provisions of the Product Liability Act, the Federal Data Protection Act, and the EU data protection regulations remain unaffected.
8. Retention of Title
The delivered goods remain the property of K.&N. Schurwoll GmbH until full payment is received.
9. Right of Withdrawal for Consumers
(1) If the customer is a natural person who enters into a legal transaction for purposes predominantly unrelated to their commercial or self-employed professional activity (consumer), the customer has a right of withdrawal in accordance with § 312g in conjunction with § 355 BGB.
(2) Right of withdrawal for purchase contracts with K.&N. Schurwoll GmbH for goods:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, have taken possession of the goods.
In the case of a contract for multiple goods ordered in a single order and delivered separately, the withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, have taken possession of the last good.
In the case of a contract for the delivery of goods in several partial shipments or pieces, the withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, have taken possession of the last partial shipment or piece.
In the case of a contract for the regular delivery of goods over a specified period, the withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, have taken possession of the first good.
To exercise your right of withdrawal, you must inform us:
K.&N. Schurwoll GmbH, represented by Managing Director Marcel Krah
Holzbachstr. 14
56249 Herschbach
Phone: +49 26 26 / 927 98 78
Email: contact@wakapapa.de
by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for additional costs arising if you chose a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive your withdrawal notification. For this reimbursement, we will use the same payment method you used for the initial transaction unless expressly agreed otherwise; in any event, no fees will be charged for this reimbursement.
You must return the goods to K.&N. Schurwoll GmbH without undue delay and in any event no later than fourteen days from the day you notify us of your withdrawal. The deadline is met if you send back the goods before the fourteen-day period expires.
The cost of returning the goods is borne by K.&N. Schurwoll GmbH.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
End of Withdrawal Policy
(3) The right of withdrawal against K.&N. Schurwoll GmbH does not apply to the following contracts:
- Contracts for the supply of goods that are not prefabricated and are made based on an individual choice or specification by the consumer or are clearly tailored to personal needs.
- Contracts for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal was removed after delivery.
10. Dispute Resolution
The EU Commission provides an online dispute resolution platform. The platform serves as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase agreements. More information is available at: http://ec.europa.eu/consumers/odr
K.&N. Schurwoll GmbH is not obligated to participate in dispute resolution through a consumer arbitration board and does not voluntarily participate.
11. Applicable Law and Jurisdiction
(1) The contractual relationship is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, as long as the buyer places the order in the exercise of their commercial or professional activity.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and K.&N. Schurwoll GmbH is the registered office of K.&N. Schurwoll GmbH.
(3) The contract remains binding even if individual provisions are legally invalid. The invalid provisions are replaced by applicable legal regulations where available.