Terms and conditions

Terms of the original WetterOnline shop. The following terms are translated from the saved German original. This website is currently unable to accept orders or payments. The ordering, account and payment functions described below are not available here.

1) Scope

1.1 These General Terms and Conditions (“Terms”) of WetterOnline Meteorologische Dienstleistungen GmbH (“Seller”) apply to all contracts for the delivery of goods concluded between a consumer or business customer (“Customer”) and the Seller concerning goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms is rejected unless otherwise agreed.

1.2 These Terms also apply to contracts for goods with digital elements unless otherwise specified. In addition to delivering the goods, the Seller must provide digital content or digital services (“digital products”) incorporated in or connected with the goods in such a way that the goods cannot perform their functions without them.

1.3 A consumer is a natural person entering into a legal transaction for purposes predominantly outside their trade or self-employed professional activity.

1.4 A business customer is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade or self-employed professional activity when entering into the transaction.

2) Formation of the contract

2.1 Product descriptions in the Seller’s online shop are not binding offers by the Seller. They invite the Customer to submit a binding offer.

2.2 The Customer may submit an offer through the online order form integrated into the Seller’s shop. After placing the selected goods in the virtual basket and completing the electronic ordering process, clicking the final order button constitutes a legally binding offer concerning the goods in the basket. The Customer may also submit an offer to the Seller by email, fax or online contact form.

2.3 The Seller may accept the Customer’s offer within five days by sending a written order confirmation or a confirmation in text form, such as fax or email, with receipt by the Customer being decisive; by delivering the ordered goods, with receipt by the Customer being decisive; or by requesting payment after the Customer places the order. If more than one of these events occurs, the contract is formed when the first occurs. The acceptance period begins on the day after the Customer sends the offer and ends at the end of the fifth day following dispatch of the offer. If the Seller does not accept within that period, the offer is deemed rejected and the Customer is no longer bound by it.

2.4 If a payment method offered by PayPal is selected, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under PayPal’s terms of use or, if the Customer has no PayPal account, the terms for payments without a PayPal account. If the Customer pays using a PayPal method available during online ordering, the Seller accepts the Customer’s offer at the moment the Customer clicks the button completing the order.

2.5 For offers submitted through the Seller’s online order form, the Seller stores the contract text after formation of the contract and sends it to the Customer in text form, for example by email, fax or letter, after the order is submitted. The Seller does not provide further access to the contract text. If the Customer created an account before submitting the order, order data is archived on the Seller’s website and can be accessed free of charge through the password-protected account using the relevant login details.

2.6 Before submitting a binding order, the Customer can identify input errors by carefully reading the information displayed on screen. The browser’s zoom function can help make errors easier to see. Entries can be corrected using the usual keyboard and mouse controls until the Customer clicks the button completing the order.

2.7 Various languages are available for forming the contract. The specific language selection is shown in the online shop.

2.8 Order handling and communication generally take place by email and automated order processing. The Customer must ensure that the email address provided is correct and can receive the Seller’s messages. If spam filters are used, the Customer must ensure that messages sent by the Seller or third parties engaged to process the order can be delivered.

3) Right to cancel

3.1 Consumers generally have a right to cancel.

3.2 Further information is set out in the Seller’s cancellation instructions.

4) Prices and payment terms

4.1 Unless the product description states otherwise, the prices shown are total prices including statutory VAT. Any additional delivery or shipping charges are listed separately in the relevant product description.

4.2 Available payment methods are communicated to the Customer in the Seller’s online shop.

4.3 When a method offered through PayPal is selected, PayPal processes the payment and may use other payment service providers. If the Seller offers PayPal methods under which the Seller provides goods before receiving payment, such as payment by invoice or instalments, the Seller assigns the payment claim to PayPal or the payment provider commissioned by PayPal and specifically named to the Customer. Before accepting the assignment, PayPal or that provider checks creditworthiness using the Customer data supplied. The Seller may refuse the selected payment method if the result is negative. If approved, the Customer must pay within the agreed period or at the agreed intervals. Payment discharges the debt only when made to PayPal or the commissioned provider. Despite the assignment, the Seller remains responsible for general enquiries about the goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes.

4.4 If “SOFORT” is selected, payment is processed by SOFORT GmbH, Theresienhöhe 12, 80339 Munich (“SOFORT”). To pay through SOFORT, the Customer must have an online banking account enabled for the service, authenticate themselves during payment and confirm the payment instruction to SOFORT. SOFORT then carries out the transaction immediately and debits the Customer’s account. Further information is available from SOFORT/Klarna.

4.5 If a method offered through “Shopify Payments” is selected, payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual methods available through Shopify Payments are communicated in the Seller’s online shop. Stripe may use other payment services, which may have separate terms brought to the Customer’s attention where applicable. Further information is available in Shopify’s payment terms.

4.6 If payment by invoice is selected, the purchase price becomes due once the goods have been delivered and invoiced. Unless otherwise agreed, the price must be paid without deductions within fourteen days of the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden. Payment by invoice requires a successful credit check by Klarna AB. If approved, payment is handled with Klarna AB, to which the Seller assigns the payment claim. Payment discharges the debt only when made to Klarna AB. Klarna AB’s general terms, available during ordering, also apply. The Seller may offer payment by invoice only up to a specified order value and refuse it above that value. Any restriction will be indicated in the payment information in the online shop.

4.7 If “PayPal invoice” is selected, the Seller assigns the payment claim to PayPal. Before accepting the assignment, PayPal checks creditworthiness using the Customer data supplied. The Seller may refuse this method if the result is negative. If PayPal approves it, the Customer must pay PayPal within thirty days of receiving the goods unless PayPal specifies another deadline. Payment discharges the debt only when made to PayPal. Despite assignment, the Seller remains responsible for general enquiries about goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes. PayPal’s general terms for purchase on account also apply.

4.8 If “PayPal direct debit” is selected, PayPal collects the invoice amount from the Customer’s bank account on the Seller’s behalf after a SEPA direct debit mandate has been granted, but not before the pre-notification period has expired. Pre-notification means any communication, such as an invoice, policy or contract, announcing a SEPA debit. If the debit is not honoured because of insufficient funds or incorrect bank details, or if the Customer objects without entitlement, the Customer must bear the bank’s reversal charges where they are responsible.

4.9 If a method offered through “Klarna” is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). Further information and Klarna’s terms are provided in the original shop’s Klarna information.

5) Delivery and shipping

5.1 If the Seller offers shipping, goods are delivered within the stated delivery area to the address supplied by the Customer unless otherwise agreed. The address specified in the Seller’s order processing is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to outward shipping costs if the Customer effectively exercises the right to cancel. In that case, return costs are governed by the Seller’s cancellation instructions.

5.3 For business customers, the risk of accidental loss or deterioration passes to the Customer when the Seller hands the goods to the forwarding agent, carrier or other person or organisation engaged for shipping. For consumers, that risk generally passes only when the goods are handed to the Customer or an authorised recipient. As an exception, the risk also passes to a consumer when the Seller hands the goods to the carrier or other shipping agent if the Customer commissioned that party and the Seller had not previously named it to the Customer.

5.4 The Seller may withdraw from the contract if its own supplier delivers incorrectly or fails to supply properly. This applies only if the Seller is not responsible for the non-supply and has entered into a specific procurement transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. If goods are unavailable or only partly available, the Customer will be informed immediately and any payment refunded without delay.

5.5 Collection in person is not available for logistical reasons.

6) Retention of title

If the Seller supplies goods before receiving payment, ownership remains with the Seller until the purchase price owed has been paid in full.

7) Liability for defects and warranty

Unless the following provisions state otherwise, statutory rules on liability for defects apply. The following exceptions apply to contracts for the delivery of goods.

7.1 For business customers, the Seller may choose the form of subsequent performance; the limitation period for defects in new goods is one year from delivery; rights and claims for defects in used goods are excluded; and a replacement delivery under liability for defects does not restart the limitation period.

7.2 These limitations of liability and shortened periods do not apply to the Customer’s claims for damages or reimbursement of expenses; where the Seller fraudulently concealed a defect; to goods used for a building in accordance with their usual purpose that caused the building’s defects; or to any duty to provide updates for digital products under a contract for goods with digital elements.

7.3 For business customers, statutory limitation periods for any statutory rights of recourse also remain unaffected.

7.4 If the Customer is a merchant within the meaning of section 1 of the German Commercial Code (HGB), the commercial duties of inspection and notification under section 377 HGB apply. If the Customer fails to give the required notice, the goods are deemed approved.

7.5 Consumers are asked to report obvious transport damage to the delivery agent and inform the Seller. Failure to do so does not affect statutory or contractual rights relating to defects.

8) Promotional vouchers

8.1 Vouchers issued free of charge by the Seller during promotions for a specified validity period and not available for purchase (“promotional vouchers”) can be redeemed only in the Seller’s online shop and during the stated period.

8.2 Individual products may be excluded if the voucher states a corresponding restriction.

8.3 Promotional vouchers must be redeemed before completing the order. They cannot be applied retrospectively.

8.4 Several promotional vouchers may be redeemed in one order.

8.5 The value of the goods must at least equal the voucher amount. Any unused balance is not refunded.

8.6 If the voucher does not cover the full order value, the difference may be paid using another payment method offered by the Seller.

8.7 Voucher credit is not paid out in cash and does not earn interest.

8.8 A promotional voucher is not reimbursed if goods paid for wholly or partly with it are returned under the statutory right to cancel.

8.9 The voucher is intended only for the person named on it and cannot be transferred to third parties. The Seller may, but is not obliged to, verify the voucher holder’s entitlement.

9) Applicable law

The law of the Federal Republic of Germany governs all legal relationships between the parties, excluding laws on the international sale of movable goods. For consumers, this choice applies only to the extent that it does not remove protection afforded by mandatory provisions of the law of the country where the consumer habitually resides.

10) Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in Germany, the Seller’s registered office is the exclusive place of jurisdiction for disputes arising from the contract. If the Customer is based outside Germany, the Seller’s registered office is the exclusive place of jurisdiction where the contract or claims arising from it can be attributed to the Customer’s professional or commercial activities. In these cases, the Seller may nevertheless also bring proceedings before the court at the Customer’s registered office.

11) Alternative dispute resolution

11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.