Terms of service

Terms of Service

§ 1 Validity, definition of terms

(1) Wetteradler, Lofer 179, AT-5090 Lofer, Austria (hereinafter: “we” or “Wetteradler”) operates under the website https://www.wetteradler.de An online shop for goods, digital goods and services. The following general terms and conditions apply to all services between us and our customers (hereinafter: “Customer” or “You”) in their version valid at the time of the order, unless otherwise expressly agreed.

(2) For the purposes of these Terms and Conditions, 'consumer' means any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or self-employed professional activity. “Entrepreneur” means a natural or legal person or a partnership which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity, a partnership with legal capacity being a partnership with the capacity to acquire rights and to enter into liabilities.

§ 2 Formation of the contracts, storage of the contract text

(1) The following regulations on the conclusion of the contract apply to orders via our online shop at https://www.wetteradler.de .

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order is made in the following steps:

  1. Selection of the desired goods, digital goods, the selected service (s),
  2. Add the products by clicking the corresponding button (e. g. “Add to cart”, “Add to shopping bag” or similar),
  3. checking the information in the shopping cart,
  4. Call up the order overview by clicking on the corresponding button (e. g. "Continue to checkout", "Continue to payment", "Go to order overview" or similar),
  5. Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
  6. Insofar as the agreed quality of the goods deviates from their usual condition and conditions of use, confirmation of a negative quality agreement,
  7. Completion of the order by pressing the “Buy Now” button. This constitutes your binding order.
  8. We send an automated order confirmation after the order, with which the contract is not yet concluded. The contract is concluded if we expressly accept your order within 5 working days by separate e-mail.

(4) In the event of the conclusion of the contract, the contract shall be concluded with Wetteradler, Lofer 179, AT-5090 Lofer, Austria.

(5) Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, takes place by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. "Back" button of the browser). They can also be corrected by aborting the ordering process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential features of the products

(1) In our online shop, the subject matter of the contract is:

  1. The sale of goods. You can find the specific goods offered on our article pages.
  2. The sale of digital goods, e.g. Software or media downloads. You can find the specific digital goods offered in our article pages.
  3. The provision of services. The specific services offered can be found in our article pages.

(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not contractually excluded, the functional updates and necessary security updates are also the subject of the contract.

(3) The essential characteristics of the goods, digital goods and services can be found in the item description. If the agreed quality of the goods deviates from their usual condition and conditions of use, this is expressly stated in the article description (negative quality agreement). Insofar as the customer has given his express consent to the negative nature deviation, this defines the subject of the contract.

(4) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances apply, in particular to hardware and/or software requirements for the target environment. Unless otherwise expressly agreed, the subject of the contract is only the private and commercial use of the products without the right to resale or sub-license.

§ 4 Prices, shipping costs and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before delivery of the product (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is shown as being free of shipping costs. The shipping costs will be shown on the offers, if applicable. clearly communicated again in the shopping cart system and on the order overview.

(4) All products offered are ready for dispatch immediately, unless clearly stated otherwise in the product description (delivery time: approx. 6-10 working days after the receipt of payment).

(5) The following delivery area restrictions exist: Delivery is made to the following countries: Germany, Austria, Switzerland. Shipping to other countries may also be possible.

§ 5 Updates, updates, obligations of the consumer to cooperate

(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not contractually excluded, the customer is regularly provided with updates that indicate the functionality and the (IT) ensure the security of the purchased item (e. g. Security updates against new security threats etc.).

(2) We are authorized to use a third party to provide the updates (e. g. The manufacturer or its suppliers).

(3) The period in which updates are provided depends on the type of item and is explained in the item description.

(4) Consumers are informed about the provision of updates as well as the proper installation of this (e-mail).

(5) The customer is obliged to install updates provided in accordance with the installation instructions.

§ 6 Right of retention, reservation of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 7 Right of withdrawal

As a consumer, you have a right of withdrawal. This is based on our Withdrawal policy .

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.

(2) In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in arrears with the performance due to slight negligence, if the performance has become impossible or if we have violated a contractual obligation, the liability for property and financial damage to be attributed to it is due to the Predictable damage typical of the contract Limited. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in § 3.

(3) If the customer fails to install an update that has been provided to him and the availability of which he has been informed within a reasonable period of time when purchasing goods with digital elements or when purchasing digital products (digital content and services), we are not liable for a material defect, Solely due to the lack of this update.

§ 9 View Community Terms & Conditions

§ 10 Contract Language

As contract language german will be available exclusively.

§ 11 Guarantee

(1) The warranty is based on the statutory provisions.

(2) In relation to entrepreneurs, the warranty period for delivered items is 12 months.

(3) As a consumer, you are asked to check the item/the digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.

§ 12 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Sales Convention expressly do not apply.

(3) 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 the provider is the location of the provider.

(4) The European Commission provides an online dispute resolution platform (OS), which you can access to https://ec.europa.eu/consumers/odr Find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.