A. Scope of application for all business relationships
The following General Terms and Conditions (GTC) apply to all contracts concluded online between waytowin GmbH (waytowin) and you as our customer, regardless of whether you order goods or book services.
1st contract partner
If you purchase goods or book services online with us, we, waytowin GmbH, Wallbergstraße 5, 82024 Taufkirchen, will become your contractual partner.
2. conclusion of contract
2.1 We would like to inform you about our goods and services with our online offer. Our online offer does not constitute a binding contractual offer to you. Rather, with your order or booking you are making us an offer to conclude a purchase or service contract.
2.2 If you place an order on our website https://www.waytowin.eu/ to purchase goods or book services, your order is a binding offer to us to conclude the respective contract. You can correct your details and orders at any stage of the ordering process until you place your binding order. You submit your binding offer by clicking on the button “order with obligation to pay”. Of course, you will receive a confirmation with the details of your order by e-mail immediately after placing your order. Since we first have to check whether we can fulfill your order, this confirmation is not yet an acceptance of your offer, but only the confirmation of receipt of your order by us, unless we already expressly confirm the conclusion of the contract with our confirmation email. A contract is therefore concluded between you and us at the point in time at which we expressly accept your offer to conclude the contract (e.g. by e-mail or post), whether by confirmation e-mail or by separate e-mail or separate letter. However, if you have not received notification of acceptance of your order and thus of your application to conclude the respective contract within two working days of placing your order with us, we have not accepted your offer and you are no longer bound by your order. In this case, any services already rendered must be reimbursed immediately.
3. provider identification
Register court: Munich Local Court Register number: HRB 232296
Sales tax identification number: DE311733579
4. right of withdrawal
Gem. § Section 312 g para. 1 BGB in conjunction with. § Section 312 g para. 2 No. 9 BGB, there is no right of withdrawal or return if we offer services in connection with leisure activities (e.g. bike fitting, performance diagnostics, functional movement screen) if the contract provides for a specific date or period for the provision. Each booking of services in the area of leisure activities is therefore binding immediately after the order confirmation has been sent by waytowin, insofar as a specific date or period is provided for their provision.
Furthermore, if you are our customer and a consumer, you have the following right of withdrawal:
Right of withdrawal for consumers
This clause only applies to consumers within the meaning of Section 13 of the German Civil Code (private customers), i.e. any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity:
Cancellation policy Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract in the case of a service contract and from the date on which you or a third party named by you, who is not the carrier, took possession of the goods in the case of a purchase contract, and in the case of a contract for several goods ordered by the consumer as part of a single order and delivered separately, on the day on which you or a third party named by you, who is not the carrier, took possession of the last goods, in the case of a contract for the delivery of goods in several partial shipments or pieces, on the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece.
To exercise the right to cancel, you must inform us (waytowin GmbH, Wallbergstraße 5, 82024 Taufkirchen, firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by registered post or e-mail to email@example.com ). If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (waytowin GmbH, Wallbergstraße 5, 82024 Taufkirchen, firstname.lastname@example.org) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
5. prices and shipping costs
5.1 The prices quoted in the online store include statutory VAT and all other price components.
5.2 Any shipping costs and service fees incurred will be clearly communicated to you again in the shopping cart system and on the order page.
6.1 Payment can be made either by instant bank transfer, credit card, GooglePay, Amazon Pay, Apple Pay or PayPal.
6.2 The fees for the selected payment methods are displayed in detail in the store.
6.3 You will receive a confirmation of receipt for each payment made.
7. warranty law
We shall be liable in accordance with the statutory provisions.
8. data protection/data storage
For data protection reasons (§ 33 BDSG), we would like to inform you that the storage and processing of your data is carried out by us, namely waytowin GmbH, Wallbergstraße 5, 82024 Taufkirchen, email@example.com, in compliance with the Federal Data Protection Act. We store your data for processing and billing purposes in the form of your name, date of birth, the name of your company, your postal address or that of your company, your telephone number as well as your e-mail address and website. Furthermore, we store and use this information for the processing of orders, the delivery of goods, the provision of services and for the maintenance and use of your customer accounts with us (with content such as wish lists or shopping cart content, product recommendations).
9. information on online dispute resolution The European Commission provides a platform for online dispute resolution operated by it. You can reach this online platform via the link http://ec.europa.eu/consumers/odr/
We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
10. severability clause
We wish to be bound by the contract even if a provision of this contract and / or its amendments or additions should be invalid. In this case, the contract remains valid and the invalid provision is replaced by a valid provision that comes closest to the economic intentions of you and us.