Wacom eStore (Europe) Terms and Conditions

 

Last Updated: 01.09.2021

Welcome to the Wacom Europe GmbH (“Wacom,” “we,” or “us”) eStore available under https://estore.wacom.com. 

Wacom Europe GmbH is a registered company with its headquarters at Zollhof 11-15, 40221 Düsseldorf, Germany, registered with the Düsseldorf District court under the commercial registry number HRB79224, emeasupport@wacom.com.

Wacom has the following VAT identification number: DE120692751 and can be reached at www.wacom.com/support/contact-support.

 

1. Scope

 

1.1 Deliveries and Services are made exclusively on the basis of the following Terms and Conditions (the “Terms”), except to the extent you have entered in a separate written agreement with Wacom that supersedes these Terms. Products may be Wacom’s own products, products of companies associated with Wacom, or third-party products (in each case “Provider”). Wacom shall inform the customer in good time and in an appropriate manner whether Wacom or a third party is the Provider of the product. Certain products may also be accompanied by other terms and conditions (the “Product Terms”), which may in particular govern aspects such as subscription terms or license restrictions. Any Product Terms take precedence over these Terms in the event of any conflict.  Where this is the case we will explicitly refer to such Product Terms and ask you to accept them during the order process.

1.2 You acknowledge the exclusive applicability of these Terms as the contractual basis for any deliveries and services. Any conflicting general terms and conditions of you are excluded, even if we do not expressly object to them.

1.3 You can access and print out the current Terms during the whole ordering process and at any other time on our website. We do not store this contract text after conclusion of the contract.

 

2. Conclusion of Contract

 

2.1 We are your contract partner when ordering products in the Online Shop. You can order products as a registered user or by using a guest account. The registration is subject to "separate terms".

2.2 In case of a payment method without immediate payment function (such as delivery against invoice), the presentation of the products offered in the Online Shop does not constitute a binding offer by us to conclude a contract, but is an invitation to you to submit an offer to us. You make a binding offer by entering all required information during the ordering process and clicking on the “Order and Pay” button ("Offer"). Until you click the “Order and Pay" button, you can cancel the order process or change the information at any time by clicking on the (blue) “Back to cart” button or by navigating back within the bread-crumb menu at the top of the site. We will confirm receipt of your offer immediately after we have received your offer (“Order Confirmation and Acceptance E-Mail”). This Order Confirmation and Acceptance E-Mail represents our acceptance of your Offer ("Conclusion of Contract”). It contains the essential characteristics of your order.

2.3 In case of a payment method with immediate payment function, the presentation of products in the Online Shop constitutes a binding offer by us. The contract is concluded when you accept our offer by clicking on the “Order and Pay” button. Until you click the “Order and Pay" button, you can cancel the order process or change the information at any time by clicking on the (blue) “Back to cart” button or by navigating back within the bread-crumb menu at the top of the site. We will confirm receipt and acceptance of your offer immediately after we have received your acceptance (“Order Confirmation E-Mail”). This Order Confirmation E-Mail contains the essential characteristics of your order.

 

3. Delivery, delivery dates, shipping costs

 

3.1 The products are shipped exclusively to shipping addresses in the countries of Norway, Switzerland and the European Union excluding United Kingdom, the French overseas départements, Melilla, Ceuta, Greenland, Faroe Islands, Helgoland, San Marino, Canary Islands Channel Islands, Jersey, Guernsey and Gibraltar and Andorra, unless a special exceptional agreement is made with Wacom.

3.2 The shipping method, shipping route and the selection of the shipping company is at our discretion.

You bear the delivery costs. The exact delivery costs are displayed before the Conclusion of Contract. 

3.3 Wacom is entitled to perform partial services and to invoice them if no disadvantage results for the use of the products. In the case of a partial delivery, you only bear the delivery costs incurred for the first of the partial deliveries.

3.4 If no other delivery period is displayed during the order process or in the Order Confirmation and Acceptance E-Mail, the delivery period is four to six working days after customer has instructed the payment / in case of installments, after Conclusion of the Contract.

3.5. In the event an ordered product is not available due to non-delivery, incorrect or delayed deliveries by our own suppliers, which have not been caused by us (self-supply reservations), we are entitled to rescind the contract. In this case, we will notify you of the non-availability of the product without undue delay and will promptly refund any payment received from you for the respective product.

 

4. Payment

 

4.1 Upon Conclusion of Contract you are obliged to pay the price for the products ordered plus any delivery costs or any fees for special methods of payment agreed on upon Conclusion of Contract (“Price”).

4.2 Unless otherwise stated, all prices are quoted including VAT, plus any agreed delivery and shipping costs and fees for special payment methods.

4.3 The following applies if you are not a consumer (as defined in Clause 6): All payments shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If we are compelled to make any such deduction, you will pay to us such additional amounts as are necessary to ensure receipt by us of the full amount which we would have received but for the deduction.

4.4 The Price is due upon Conclusion of Contract. If you use the bank transfer as a means of payment, we ask you to transfer the Price immediately after Conclusion of Contract, but you have to do so no later than within seven days. For clarity, in case of recurring payments for a subscription, we will invoice or charge you as set out in the applicable Product Terms.

4.5 Payment is made by the payment method you choose in the order process. The available payment methods will be displayed before the Conclusion of Contract. We are entitled to remove or add individual payment methods.

4.6 In the case of a return debit note, you are obliged to reimburse us for the costs actually incurred by the return debit note.

4.7 You are entitled to an offset if your counterclaims are determined to be legally valid or have been recognized by Wacom or result from reciprocal agreements.

 

5. Term and termination

 

5.1 Where the applicable Product Terms provide that digital content or digital service is to be supplied or made accessible to the consumer over a period of time, the contract shall be concluded for the term set out in the Product Terms.

5.2 Termination for convenience is only possible under the parties’ statutory right of termination for good cause, your statutory right to terminate in the event of an unremedied lack of conformity and your termination right under Section 14 remains unaffected. Good cause entitling Wacom to terminate the agreement exists in particular if you infringe rights of use by using the content or service beyond what is permitted under the applicable Product Terms and fails to remedy the infringement within a reasonable period of time following a warning.

 

6. Right of withdrawal for consumers

 

Consumers, i.e. persons who conclude a contract for the provision of one or more products for purposes that cannot be predominantly attributed either to their commercial or self-employed professional occupation, are entitled to the following right of withdrawal when concluding a contract:

6.1 Instructions on withdrawal with regard to the delivery of goods

If Wacom’s contractual obligation is the delivery of (physical) goods, the consumer has the following right of withdrawal:

 

Model Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods.

To exercise the right of withdrawal, you must inform us (Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111, Phone +49 69 66 30 82 00 (for local numbers, please check below*)) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

6.2 Special notes: Non-existence for sealed computer software

The right of withdrawal does not exist for contracts for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery.

 

6.3 Instructions on withdrawal with regard to digital goods

If Wacom’s contractual obligation is the delivery of digital goods, which will not be delivered by a physical data carrier, the consumer has the following right of withdrawal:

 

Model instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the Conclusion of the Contract.

To exercise the right of withdrawal, you must inform us (Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111, Phone +49 69 66 30 82 00 (for local numbers, please check below*)) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

6.4 Premature expiry of the right to withdraw

The consumer’s right to withdraw expires prematurely if Wacom began with the performance of the Contract after the User had expressly consented to Wacom beginning with the performance of the contract prior to expiry of the withdrawal period, and the consumer had acknowledged that by his/her consent, he/she would lose the right to withdraw from the contract upon the performance of the contract having commenced.

6.5 Instructions on withdrawal with regard to digital services

If Wacom’s contractual obligation is the delivery of digital services, the consumer has the following right of withdrawal:

 

Model instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the Conclusion of the Contract.

To exercise the right of withdrawal, you must inform us (Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111, Phone +49 69 66 30 82 00 (for local numbers, please check below*)) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you have requested that the services begin during the withdrawal period, you must 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 in respect of this contract compared to the total scope of the services provided for in the contract.

 

 

6.6 Model Withdrawal Form

 

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

— To

Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111

— 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 consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this form is notified on paper)

— Date

(*) Delete as appropriate.

 

7. Voluntary 30-day Right of Return after Receipt of physical Products

 

7.1 Without prejudice to your mandatory right to withdraw (see Clause 6.1 above), we grant you a voluntary right of return of 30 days from receipt of physical goods. With this right of return, you can return your products also after the expiry of the 14-day withdrawal period (see Clause 5 above) by sending them to Wacom Europe GmbH, Return Logistics, Krefelder Straße 667, 41066 Mönchengladbach, Germany; emeasupport@wacom.com; Fax: +49 211 38548 111.

7.2 To make a return please email us at emeasupport@wacom.com. Please include your full name, phone number, order number, product to return, quantity to return, and reason for return. Our Customer Service team will respond to your request within two business days (“Authorization”). We cannot process returns without prior Authorization. The voluntary right of return does not apply to the order of gift vouchers or software.

7.3 The 30-day return period begins on the day of receipt of the products. The timely dispatch of the products is sufficient to meet the period.

7.4 We will refund you the Price of the products.  You will have to bear the direct cost of returning the goods. However, you will not be charged shipping and handling fees if you use our pre-paid return shipping label that can be printed out online in your user account or by contacting our customer support.

7.5 If multiple products are being returned, please keep the products separated and in the original product packaging. Please do not combine accessory items in tool boxes. Accessory items need to be individually checked in and approved to ensure completion of return and a full refund.

7.6 To avoid misunderstandings: The voluntary right does not apply for digital content that is not delivered on a physical carrier, or for digital services.

7.7 Until the expiry of the period for the mandatory right to withdraw, only the legal conditions listed under Clause 6 apply. The voluntary right of return does not limit your statutory warranty rights.

 

8. Retention of property

 

Wacom maintains ownership of delivered products until complete payment of all due invoices for the delivered products.

 

9. Software licenses

 

9.1 All software products including pre-installed software in the hardware products or bundled with this software is not sold but transferred for usage within the scope of the applicable Product Terms. With the Conclusion of the Contract, you shall be entitled to have Wacom provide you with the availability for use and the usage rights in the scope specified in the Product Terms and in accordance with the conditions stated therein. The licensing is granted either by Wacom or the third party owning the software according to the licensing agreement, which is linked to the software and/or the product. 

9.2 Rights for products ordered by you shall be granted pursuant to the Product Terms for the relevant product, which are also concluded. Unless otherwise expressly stated in the respective Product Terms, rights shall be granted exclusively by the respective Provider.

9.3 The rights required to use the products shall be granted in accordance with the respective Product Terms of the Provider. These Product Terms may require additional legally binding declarations by you to the respective Provider. Moreover, these Product Terms may contain additional provisions on supplementary services offered by the Provider as well as on the availability of the product, rectification of defects by the Provider, etc. among other things. The Provider shall be solely responsible for the contents of these Product Terms. You shall be obligated to familiarize yourself with the applicable Product Terms for the relevant product.

9.4 If no express software licensing agreement is supplied with the product, the software license is granted on a non-exclusive and non-transferable basis to one single user. The software may not be retranslated to other code forms (decompiling), returned to previous development stages (reverse engineering), edited, converted, further developed or transferred to another data medium.

 

10. Duties and obligations of the Customer

 

10.1 You shall safeguard all access data provided by Wacom to the Wacom eStore and to the products, and protect said data from unauthorised third-party access.

10.2 You shall be obligated to make regular, risk-appropriate back-up copies of all data entrusted by you to Wacom or its Providers for the purpose of the use of these products.

10.3 In using the products, you shall comply with all applicable statutory provisions. The use of products for the transmission, storage, dissemination or other use of content that is illegal, immoral, sexually offensive, insulting, or that incites hatred and violence, is prohibited.

10.4 You shall not use the products in any way that could compromise their data security and integrity. In particular, the products may not be used for spamming, illegal manipulation of data or cyber attacks of any kind whatsoever.

10.5 In the event of a breach of Clause 9.3 or 9.4, Wacom shall be entitled to temporarily block your access to the products concerned. Any further claims on the part of Wacom shall hereby remain unaffected.

10.6 Where a third party claims that the data or contents provided by you within the scope of the use of products are in violation of law, Wacom shall be entitled to block said contents either completely or temporarily. In such cases, Wacom shall request that you cease the violation or provide evidence of the legality of the contents within a reasonable period of time. If you fail to comply with this request or if you are unable to provide sufficient evidence of the legality of the contents, Wacom shall be entitled - notwithstanding further rights and entitlements - to terminate the contract without notice for good cause.

10.7 You shall indemnify Wacom from all third-party claims that are asserted against Wacom due to a breach of obligation on the part of you during use of the products, provided that  (a) Wacom shall inform you without delay in written or text form of any claims asserted by third parties and shall conduct the defence in consultation with you and (b) Wacom shall neither recognise third-party claims nor put such beyond dispute without your consent. This indemnification shall also include all defence costs, court fees, fines and necessary expenses that are reasonable and customary in the industry.

 

11. Data protection

 

Information on Wacom’s use of personal data can be found in the privacy policy available at https://www.wacom.com/privacy.  Our collection and processing of cookies is described in Wacom Cookie Notice available at https://www.wacom.com/cookie-notice.

 

12. Warranty

 

12.1 If the product is provided free of charge or the customer is a consumer (as defined in Clause 6), the customer is entitled to warranty claims in accordance with the statutory provisions. Damage claims are subject to the provisions in Clause 13.

12.2 If the product is provided against a fee and the customer is not a consumer, customer is entitled to warranty claims in accordance with the following provisions. Damage claims are further subject to the provisions in Clause 13:

(a) A defect shall only exist if the product does not have the contractually agreed quality or is not suitable for the contractually presumed use. The contractual quality of the product shall result in particular from the provisions of this contract, the stipulations in the product description, any user documentation made available, the summary of services provided by Wacom prior to Conclusion of the Contract as well as any supplementary license and usage conditions applicable to the respective product. In the event of deviations which only insignificantly affect the suitability of the product for the use stipulated in the contract, claims for defects shall be excluded (insignificant deviations). Deviations which have an effect on the stored data in such a way that an economically reasonable use of essential parts of the product is not possible or only possible to a limited extent are not considered insignificant deviations.

(b) In case of a defect, Wacom is entitled to subsequent performance (repair or replacement, in its discretion) within a reasonable period of time enabling at least two attempts of subsequent performance. The customer's right to reduce the Price or to rescind the contract in the event of two failures of Wacom’s subsequent performance or to claim damages in accordance with Clause 12 remains unaffected.

(c) If the defect relates to the continuing obligation, Clause 5 applies.

 

13. Limitation of Liability

 

13.1 We are fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.

13.2 In an event of slight negligence, we are liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation that must be performed in order to make the implementation of this contract possible in the first place and on the performance of which the contractual partner may therefore generally rely.

13.3 In a case according to Clause 12.2, we are not liable for any lack of commercial success, lost profits and indirect damages.

13.4 Liability in accordance with the above Clause 12.2 is limited to the typical and foreseeable damages at the time of Conclusion of Contract.

13.5 The limitation of liability applies accordingly to the benefit of our employees, agents and vicarious agents.

13.6 Any potential liability on the part of us for any guarantees (which must be expressly designated as such in order to be guarantees in the legal sense) and for claims based on the German Product Liability Act (Produkthaftungsgesetz) or infringement of data protection law remains unaffected.

13.7 There shall be no further liability on the part of Wacom. In particular, the no-fault liability of Wacom for initial defects pursuant to Sec. 536a para. 1 of the German Civil Code is excluded.

 

14. Modification of the digital content or digital service

 

14.1 Where the Product Terms provide that digital content or digital services are to be supplied or made accessible over a period of time, we may modify the digital content or digital service beyond what is necessary to maintain the digital content or digital service in conformity in accordance with applicable law, if the following conditions are met:

(a) we have a valid reason for such modification;

(b) such a modification is made without additional cost to you;

(c) we inform you in a clear and comprehensible manner of the modification.

Valid reasons for the purpose of this clause include adapting the digital content or digital service to a new technical environment or to an increased or decreased number of users, complying with requirements of our licensors or distribution partners, reacting to material changes in our licences from third parties, reacting to intellectual property infringements, otherwise further developing our content and services and improving the user experience, and other legal, regulatory, or security reasons.

14.2 If the modification negatively impacts your access to or use of the digital content or digital service, we will inform you reasonably in advance on a durable medium of:

(a) the modification and of the right to terminate the contract and

(b) your rights according to Clauses 14.3 and 14.4.

14.3 In the cases referred to in Clause 14.2, you may terminate the contract free of charge within 30 days of the receipt of the information referred to in Clause 14.2 or of the time when the digital content or digital service has been modified, whichever is later. This does not apply if the modification is only minor.

14.4 The termination of the contract is not possible if we have enabled you to maintain without additional cost the digital content or digital service without the modification.

 

15. Place of performance and jurisdiction

 

The place of performance and sole jurisdiction is Düsseldorf, Germany insofar as it deals with a business person in the sense of the German Commercial Code (HGB) (“Kaufmann”) or a statutory corporation or if you have moved your permanent place of residence abroad after these Terms of Sale have become effective, or if your place of residence or habitual residence is not known or not in Germany or the EU at the time the action is filed.

 

16. Final provisions

 

16.1 The contractual language is German, English, French, Italian or Spanish.

16.2 If one of the clauses of these terms so be or become invalid, in full or in part, the remaining clauses remain unaffected.

16.3 All disputes resulting from this legal relationship are subject to German law with exclusion of United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer (as defined in Clause 6), such a choice may not, however, have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country in which you have your habitual residence.

16.4 Information about Online Dispute Resolution: The European Commission operates an internet platform for the Online Dispute Resolution (“ODR-platform”). The ODR-platform serves as contact point for out-of-court resolutions of disputes concerning contractual obligations stemming from online sales or service contracts. You will find the ODR-platform at http://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute settlement procedure before a consumer dispute resolution body.

 

 

Last update: 01.09.2021

Wacom Europe GmbH, Online Shop, Zollhof 11-15, 40221 Düsseldorf, Germany

 

*We are able to help you in English, German, French, Italian, Spanish and Russian.

United Kingdom
+44 207 744 08 31

Austria
+43 1 790 825 550

Belgium
+32 2 275 06 91

France
+33 1 7020 0070

Germany
+49 69 66 30 82 00

Italy
+39 02 4528 7050

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+34 91 787 0346

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Other countries
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