1. General Information
1.1 These General Terms and Conditions (hereinafter referred to as: GTC) govern the contractual relationship between Wish store llc and its customers.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 Any terms and conditions of the customer or third parties deviating from these GTC shall not be recognized unless Wish store llc expressly agrees to their validity in writing.
2. Conclusion of Contract
2.1 The product information provided by Wish store llc during the ordering process is non-binding and subject to change. Offers made by Wish store llc constitute non-binding invitations to customers to place an order with Wish store llc.
2.2 By placing an order, the customer submits a binding offer to conclude a contract.
2.3 Wish store llc is not obliged to accept offers. Wish store llc may accept offers by (a) sending an order confirmation or (b) delivering the products and is free to accept offers only partially.
3. Online Ordering Process
3.1 The customer can place an order at sheida.de using the online shopping cart system. To do so, the respective products are placed in the “SHOPPING CART” by clicking the “Order” button. The customer can access the “SHOPPING CART” via the corresponding button in the navigation bar, make changes to it, and redeem vouchers during the purchase.
3.2 If the customer decides to submit a contractual offer, they can proceed with the ordering process via the “Checkout” button. They can either (a) log in with their customer data, or (b) create a customer account by clicking the “New Customer” button if they do not already have a customer account, or (c) continue the ordering process without a customer account.
3.3 The customer submits a binding contractual offer by completing the ordering process via the “Order with obligation to pay” button.
3.4 Wish store llc sends the customer an electronic order confirmation immediately after receiving the order. This confirmation does not constitute acceptance of the offer.
4. Return Policy and Sample Return Form for Consumers
If you are a consumer, you are entitled to the rights outlined in our return policy:
Return Policy
Right of Return
Our policy for returns can be found on our dedicated Return Policy page. Generally, you have the right to return an item within a specified period from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of return, you must inform Wish store llc (420 commerce ln suit 7 West berlin nj 08091, E-mail: wishstore2018@gmail.com) of your decision to return an item by means of a clear declaration (e.g., a letter sent by post, e-mail). You may use the attached sample return form for this purpose, but it is not mandatory. To meet the return deadline, it is sufficient that you send your notice of exercising the right of return before the return period has expired.
Consequences of Return
If you return an item under this policy, Wish store llc shall reimburse payments received from you, potentially excluding delivery costs, without undue delay and within a certain number of days from when we receive the returned goods. Wish store llc will use the same payment method for the reimbursement that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. Wish store llc may withhold reimbursement until it has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to Wish store llc without undue delay. You are only liable for any diminished value of the goods if this loss in value is due to handling the goods in a manner not necessary to examine their nature, characteristics, and functioning. We also inform you that the right of return may not apply to sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal was removed after delivery.
Sample Return Form
If you wish to return an item, please complete this form and return it. Use of this form is not mandatory for a return.
To Wish store llc, 420 commerce ln suit 7 West berlin nj 08091, E-mail: wishstore2018@gmail.com
I/we () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service () ____________________________________________________________________ ____________________________________________________________________
Ordered on ()/received on () ________________________________
Name of the consumer(s) ________________________________
Address of the consumer(s) ________________________________ ________________________________ ________________________ ________________________
Signature of the consumer(s) (only if this form is notified on paper)
Date
() Delete as applicable
5. Payment
5.1 Payment for the products can be made via PayPal, credit card, or – if the customer is not a consumer – by invoice. Wish store llc reserves the right to accept or exclude certain payment methods in individual cases.
5.2 When using gift cards as a payment method, the balance on the respective gift card at the time of redemption applies. Gift card balances do not bear interest and are not paid out in cash, either in full or in part. Wish store llc accepts no liability in the event of loss, theft, or technical unreadability of gift cards. Wish store llc reserves the right to reject payment by gift card in individual cases if payment is not possible due to a technical fault. The customer may only redeem one gift card per order. The gift card is valid for 3 years from receipt. If the value of the purchased product exceeds the balance on the gift card, the remaining amount will not be paid out in cash. The remaining balance will be issued to the customer in the form of a new gift card corresponding to the remaining value.
5.3 The customer may only offset claims that are undisputed, acknowledged, or legally established and claims that are mutually related to Wish store llc’s claim. The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
6. Delivery
6.1 Wish store llc delivers products exclusively within the United States.
6.2 Delivery is at the customer’s expense by dispatching the goods to the address provided by the customer.
7. Transfer of Risk
7.1 The risk of accidental loss and accidental deterioration of the products passes to the customer as soon as Wish store llc has handed them over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
7.2 If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental loss of the delivered goods does not pass to the customer until the goods are delivered or the customer is in default of acceptance.
8. Products “Professional Use Only”
Wish store llc reserves the right to distribute “Professional Use Only” products as commercial package sizes. These products may only be used in the context of a commercial or independent professional activity and in particular must not be sold to non-commercial users or consumers.
9. Retention of Title
9.1 The goods remain the property of Wish store llc until full payment (including sales tax and shipping costs) has been made.
9.2 If the customer is not a consumer, they are not entitled to resell the delivered products subject to retention of title without the prior written consent of Wish store llc. In the event of resale, the customer hereby assigns the claims arising from the resale up to the amount of the purchase price owed to Wish store llc. Wish store llc authorizes the customer to collect the assigned claims in the ordinary course of business, although Wish store llc may revoke this authorization at any time in the event of payment default.
9.3 The customer must treat the goods with care as long as the retention of title exists.
9.4 In the event of seizure of the goods by third parties or other interventions by third parties, the customer must point out Wish store llc’s ownership and notify it immediately in writing so that Wish store llc can assert its ownership rights.
10. Purchase Prices
10.1 The gross price stated for the goods is the final price including the applicable statutory sales tax.
10.2 The purchase price does not include delivery and shipping costs.
10.3 The list price at the time of the customer’s offer is decisive for invoicing.
11. Essential Characteristics of the Products
The essential characteristics of the products can be found in the respective product descriptions.
12. Withdrawal
Wish store llc is entitled to withdraw from the contract in whole or in part with respect to any outstanding performance if insolvency proceedings are opened against the customer’s assets or if the opening of such proceedings is rejected for lack of assets.
13. Warranty
13.1 In the event of defects, the customer shall be entitled to the statutory rights against Wish store llc in accordance with the following provisions.
13.2 Wish store llc reserves the right to make changes to the design and/or appearance of the products, provided the changes are reasonable for the customer.
13.3 If the delivered goods are defective, Wish store llc may choose between remedying the defect or delivering defect-free products as supplementary performance. Wish store llc shall make this choice by declaration to the customer in text form, by fax, or email within seven working days of the assertion of claims for defects. If the customer is a consumer, they may choose between remedying the defect or delivery of defect-free products.
13.4 Wish store llc may refuse the type of supplementary performance chosen by the customer if it is impossible or would involve disproportionate costs.
13.5 If supplementary performance fails, is unreasonable for the customer, or is refused by Wish store llc, the customer is entitled, in accordance with applicable law, to withdraw from the purchase contract, reduce the purchase price, or claim damages or reimbursement of futile expenses. The special provisions of clause 14 of these GTC shall also apply to the customer’s claims for damages.
14. Liability
14.1 Wish store llc shall only be liable for damages if they are due to a breach of an essential contractual obligation or to intentional or grossly negligent conduct by Wish store llc, its legal representatives, or agents. In the event of a slightly negligent breach of an essential contractual obligation, liability shall be limited to the foreseeable, typical contractual damage. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place or on whose observance the customer relied or was entitled to rely.
14.2 Any further liability for damages is excluded. Liability for culpable injury to life, limb, or health under statutory provisions remains unaffected. The same applies to mandatory liability under applicable Product Liability laws.
15. Limitation Period for Defect Claims
15.1 If the customer is a consumer, the limitation period for defect claims is two years from the transfer of risk according to clause 7., otherwise one year from the transfer of risk according to clause 7.
15.2 This does not apply where the law prescribes longer periods under mandatory statutory provisions, as well as in cases of injury to life, body, or health, in the event of intentional or grossly negligent breach of duty by Wish store llc and in the case of fraudulent concealment of a defect.
16. Data Protection
All personal data required for processing the order will be stored in machine-readable form and treated confidentially. The data necessary for processing the order, such as name and address, will be passed on to the companies entrusted with the delivery of the goods as part of the delivery process.
17. Governing Law and Jurisdiction
All disputes arising from this legal relationship are subject to the laws of the State of New Jersey, USA, without regard to its conflict of law provisions. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. If the contracting parties are entrepreneurs, the state and federal courts located in New Jersey shall have exclusive jurisdiction for the dispute. The same applies if the buyer has no general place of jurisdiction within the United States.
18. Severability Clause
Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would result in unreasonable hardship for one party to the contract, making it unreasonable for them to uphold the contract.
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected, unless the omission of individual clauses would place one party at such an unreasonable disadvantage that continued adherence to the contract can no longer be expected.
Version number of the Terms and Conditions: I. As of: November 2024 Wish store llc, 420 commerce ln suit 7 West berlin nj 08091; E-mail: wishstore2018@gmail.com.
Customer Information of Wish store llc
Table of Contents
1. Contract Language
2. Order Process
3. Storage of Contract Text
4. Essential Characteristics of the Product
5. Total Price of the Product and Shipping Costs
6. Payment and Delivery Terms
7. Warranty
1. Contract Language
The contract language is English.
2. Order Process
2.1 The customer can place an order via sheida.de using the online shopping cart system. To do so, the respective products are placed in the “CART” section by clicking the “Order” button. The customer can access the “CART” section via the corresponding button in the navigation bar, make changes there, and redeem vouchers during the purchase.
2.2 If the customer decides to submit a contract offer, they can proceed with the order process via the “Checkout” button. In doing so, they can either (a) log in with their customer data or (b) create a customer account by clicking the “New Customer” button if they do not yet have a customer account, or (c) continue the ordering process without a customer account.
2.3 Any input errors when placing the order can be corrected at any time before placing a binding order using the “Remove” function.
2.4 The customer submits a binding contract offer by completing the order process via the “Place binding order” button.
2.5 Wish store llc will immediately send the customer an electronic order confirmation upon receipt of the order. This confirmation does not constitute acceptance of the offer.
2.6 The customer is obliged to keep their access data confidential and in particular not to disclose it to third parties and/or grant them access. The customer must change their access data immediately upon learning that third parties have gained access or must inform Wish store llc of the unauthorized access and request that the access data be blocked.
3. Storage of Contract Text
3.1 The customer will receive the complete contractual provisions regarding the order (order data, our General Terms and Conditions, the cancellation policy, the sample cancellation form, and customer information) with the order confirmation email.
3.2 The contract text is stored in the internal system. For security reasons, the order data is no longer accessible via the internet after the order has been completed.
3.3 Before submitting the order via the online shopping cart system, the contract data can be printed and/or electronically saved using the print function of the internet browser.
4. Essential Characteristics of the Product
The essential characteristics of the products can be found in the respective product descriptions.
5. Total Price of the Product and Shipping Costs
5.1 The price information is provided directly in connection with the offered product.
5.2 Delivery and shipping costs are charged separately and are to be borne by the customer, unless free shipping is offered. The amount of the shipping costs is stated in the respective order.
6. Payment and Delivery Terms
6.1 Payment for the products is made via PayPal, credit card, or – if the customer is not a consumer – by invoice. Wish store llc reserves the right to accept or exclude certain payment methods in individual cases.
6.2 Wish store llc delivers products exclusively to the United States. Delivery is made by sending the purchased item to the address provided by the customer. The delivery time within the United States is generally 3-7 business days after receipt of the order.
7. Warranty
In the event of a breach of contractual obligation, the customer is entitled to the statutory rights vis-à-vis Wish store llc in accordance with sections 12 to 15 of the General Terms and Conditions.
Wish store llc, 420 commerce ln suit 7 West berlin nj 08091;
E-mail: wishstore2018@gmail.com.
As of November 2024 Version 1