Conditions of Use Wenani)

General terms and conditions for private customers (D)
as of July 2004

Scope of the contract

To all mutual claims resulting from and in the context of the conclusion of a contract between the customer and Wenani) in the framework of the mail order selling apply the general terms and conditions whereby each version effective at the time of the conclusion of the contract is applicable.

Subject of the contract Wenani) delivers the products ordered by the client or provides services after acceptance of the quotation. If Wenani) notices subsequently that a mistake occurred with Wenani), e.g. the details of a product, a price or the availability, Wenani) will immediately inform the customer. The customer may then confirm again the order under the changed conditions. The order is considered being cancelled if the customer does not confirm the order again.

Conclusion of the contract/Right of withdrawal

The contract is concluded when Wenani) accepts the order of the customer. The customer renounces to the receipt of a declaration of acceptance in accordance to § 151 clause 1 of the German Civil Code. Wenani) informs the customer about the conclusion of the contract through a confirmation sent by email.
Due to the legal right of withdrawal for the customer because of the order and its acceptance by Wenani), only an effective provisional contract is concluded at first. The customer can therefore return the product within 14 days after reception of the product without giving any reasons for it. It is sufficient when the product is mailed with the Post or another forwarding agent on the last day of the delay. The return is effected at the responsibility and costs of Wenani), unless the order value of the delivered goods is less than EURO 40.00 net. In this case, the customer has to pay for the return costs unless the customer has received wrong or defect products. Alternatively, the customer has the right to forward a written notice of withdrawal, which does not require any explanation, to Wenani) within a delay of 14 days after reception of the goods. Also in this case is the customer obliged to return the products and to assume the forwarding costs, if applicable, as described above. The return always has to be ‚carriage paid’, forwarding costs are refunded, if applicable.

Address for letters/parcels:

Siwena IT Services in Berlin
Godfrey Wenani
Raoul-Wallenberg Str.42

12679 Berlin

The right of withdrawal does not apply to the special services offered by Wenani) for which the right of withdrawal is excluded in the Special Terms and Conditions, e.g. for ‘auction goods’, and for the following groups of products:

- Products that were manufactured according to the customer’s specifications or according to his personal needs
- Products that had to be especially acquired upon the customer’s declaration of intent, and which are not part of the normal offer.

If the customer orders the following products respectively groups of products with Wenani), the right of withdrawal is also excluded, as these products are not appropriate for a return because of their properties:

- Products that are composed of standard components according to the specifications of the customer
- Special orders of the customer, e.g. products ordered especially for the customer, etc. Wenani) reserves the right upon return of used or damaged products to claim compensation for the decrease in value and for the value of the use of the products unless the deterioration of the products bases only on its examination. The customer can avoid these claims for compensation when he only uses the products for an adequate examination.

Subject to availability

In case that Wenani) states after conclusion of the contract that the ordered products or services are no longer available with Wenani) or cannot be delivered for legal reason, Wenani) is entitled to offer products or services similar in quality and price or to withdraw from the contract. Already received payments will Wenani) refund immediately after the withdrawal from the contract by Wenani) or the customer.


For the entire risk of a damage during the transport or for the loss of the goods during the transport exists a cover by Deutsche Post or United Parcel Service for the value of goods of up to 500.00 Euro. Deliveries per letter are never insured and are at the entire risk of the customer.
Please inform about incomplete deliveries or damages during the transport within 24 hours. Visible damages (also on the packing) should be immediately reported to the respective forwarding company/delivery service/Post. If this is not done, the customer has no claims towards Wenani).


The indicated prices in the catalogue/online shop are final prices and include the VAT valid on the day of the issuance of the invoice. Wenani) is entitled to charge the increased VAT, if the VAT is increased after the publication of the catalogue.
The invoice shows the prices for additional services besides the price of the goods: packing, mailing, insurance, the VAT valid on the day of the issuance of the invoice, etc.
The catalogue prices do not apply for orders made through the website for private customers of Wenani), but the prices indicated on the website.
For small orders made by customers with seat in a member state of the European Union and for a value of goods of less than 250.00 Euro, the valid VAT is also charged when the customer has a valid VAT identification number, as the effort for the verification is too important.

Reservation of title Wenani) keeps the reservation of title of all goods delivered to a customer until the final and complete payment of the goods. If Wenani) exchanges a product in the framework of a guarantee, it is already agreed today that the ownership of the products to be exchanged mutually goes from the customer to Wenani) respectively vice versa, when on the one hand the products are returned to Wenani) by the customer, respectively when the customer receives the exchange delivery from Wenani).

Guarantee Wenani) guarantees that at the moment of the handing over the products have the property agreed upon, respectively show no defects, i.e. that thay are appropriate for the use agreed upon in the contract or that they are appropriate for the normal use and that they show a property that is normal for such devices and that the customer can expect from this device/or the announcement of Wenani) respectively of the manufacturer.
The customer should check the products for completeness or possible defects immediately after reception, the latest within one week after reception, and will immediately forward a defect notice when necessary. The customer has to inform about hidden defects within the warranty period as soon as he notices them.
The warranty period is two years. It begins with the reception of the products through the customer. Consumption items such as e.g. batteries are not part of the guarantee.
In case of a defect can the customer claim in accordance with § 439 of the German Civil Code either the repair of the defect or the delivery of a product without defects. Wenani) can in the framework of § 439 refuse to accept the choice of the customer when it can only be realized with disproportionate high costs.
If in the framework of a repair it is not possible to repair the defect at the second try, the customer is then entitled in accordance with § 439 of the German Civil Code to claim the delivery of a device free of defects or to reduce the purchase price or to withdraw from the contract. The withdrawal is excluded when the defect is minor and irrelevant.
Claims for damages because of a defect of the product are excluded unless Wenani) intentionally misrepresented by silence the defects or gave a guarantee for the condition of the product.
Condition for the guarantee claims is that the defect did not occur because of inappropriate use or overstraining. In case that a damage only occurs later than six months of the delivery, the customer has to prove that the product was defective at the moment of the passing of the risk. Otherwise is Wenani) entitled to prove that the product was free of defects at the moment of the delivery.

Liability Wenani), its management and its employees are liable in cases of a positive violation of claims, default upon signing the contract, arrears, impossibility, tortious act and for whichever other legal reason basing on intent and grossnegligence. In case of the culpable violation of the contractual cardinal obligations (main contractual obligations) or of fraudulent misrepresentation and in case of a claim for compensation in accordance with § 437, no. 2 of the German Civil Code Wenani) is liable to the legal extent. Only for violations of a cardinal obligation is the liability for employees of Wenani) limited to the typical foreseeable damage. Indirect damages are so far excluded. The business customer has the right to withdraw from the contract alternatively to compensation when arrears occur. The extent of a liability of Wenani) according to the product liability act remains untouched. The above regulations express the complete scope of liability of Wenani), its management, and its employees. Any further liability is excluded.

Choice of law

The German law applies to all legal relationship between Wenani) and the customers and to the respective terms and conditions. The application of the UN agreement on contracts for the international purchase of goods of 11th April 1988 is excluded.
The above regulations leave compulsory regulations of the law of the country in which the customer is normally residing untouched, when and as far as the customer has signed a contract that is not part of the customer’s professional activity (consumer contract) and when the customer did not undertake the necessary legal actions in the country of his usual residence.


A right of the customer for offset and withholding does not exist unless the claim is undisputed or legally binding stated by a court.The place of fulfilment is for payments the seat of Wenani). The place of fulfilment for deliveries is either with Wenani) or the shipping point of the first sender working for Wenani).If any provision of this contract is held unenforceable, then such provision will be modified to reflect the parties intention. All remaining provisions of this contract shall remain in full force and effect. The exclusive place of jurisdiction is Berlin or another place of venue to be chosen by Wenani), if the customer is a merchant in the sense of the German Code of Commerce or a public corporation.