Terms and Conditions (GTC)
Stand: 09/2012
Terms and consumer information in the context of contracts for the sale through the webshop between wonderwood - concluded - as the "provider" - and the customer - in the "Customer".
§ 1 Scope and General Notes
(1) Subject to individual agreements and arrangements, which take precedence over these Terms and Conditions shall apply to the business relationship between the provider and the customer, the following general terms and conditions effective at the time the order is placed. Any terms and conditions of the customer specifically does not apply, unless the provider agrees that they shall express written consent.
(2) The customer is a consumer, unless the purpose of the ordered goods and services is not a commercial or professional activity can be attributed. However entrepreneur is any natural or legal person or unincorporated organization that trades in the conclusion of the contract in their commercial or independent professional activity.
§ 2 Conclusion
(1) All offers in the shop of the seller are merely a non-binding invitation to the customer to submit to the seller a corresponding purchase offer. Once the provider has received the customer's order, the customer receives a confirmation of the first of his order with the supplier, usually by e-mail (order confirmation). This does not represent acceptance of the order after receipt of his order, the supplier and the customer in the short term this check within 2 working days whether he accepts the order (order confirmation). No contract shall be concluded when the customer within 2 working days receive an order confirmation. Ordering information in the online store of the provider operates as follows:
(2) The customer can select from the range of vendor products and collect this "add to cart" button and then in a so-called basket. With the button "Order" it emits a binding offer to purchase the goods in the basket. Before submitting the order, the customer can change the data at any time. The application can only be submitted and transmitted when the customer "Accept Terms and Conditions" by clicking on the accept these conditions and thus has recorded in his application.
(3) The provider then sends the customer an automatic confirmation e-mail in which the customer's order is listed again and the customer can print the "Print" function. The automatic acknowledgment only documents that the customer's order is received at the supplier and does not constitute acceptance of the application represent the agreement is done by submitting the declaration of acceptance by the seller, which is sent to a separate e-mail.
§ contract 3, quality, delivery, product availability
(1) The contract covers the part of an order specified by the customer and the order and / or confirmation of the goods and services to the retail prices listed in the webshop. Errors and mistakes are reserved there, especially with regard to the availability of goods.
(2) The characteristics of the ordered goods is derived from the product in the webshop. Pictures on the website may be the products imprecisely again, especially for technical reasons colors can vary significantly. Images are only as illustrative material and may differ from the product. Technical data, weights, dimensions and specifications are given as accurately as possible, but can have the standard varieties. The properties described here do not constitute defects in the vendor-supplied products
(3) If at the time of the customer's order no copies available for the selected product from him, so the provider informs the customer of this in the order confirmation. The product is not permanently available, provides the supplier on a declaration of acceptance. A contract is in this case not be made.
(4) Is not that the customer in the order designated product is only temporarily, the provider informs the customer, this also immediately in the order confirmation. For a delivery delay of more than two weeks, the customer has the right to cancel the contract. Incidentally, in this case, the provider is entitled to withdraw from the contract. Here, he will refund any payments made by the customer immediately.
§ 4 Reservation
Until full payment of the goods supplied remain the property of the provider.
§ 5 Delivery, prices, shipping costs
(1) Delivery (delivery to the shipping carrier) made immediately after receipt of money (to pay by bank transfer), otherwise, immediately after sending the order confirmation.
(2) All prices indicated on the Website, are inclusive of statutory VAT.
(3) The corresponding expenses are the customer specified in the order and shall be borne by the customer. From an order value of 60,00 EUR the supplier provides free shipping to the customer.
(4) The goods are shipped by mail. If the customer requests an insured shipping, he has to receive by selecting the appropriate shipping method in its application. The resulting additional costs are specified in the order and to the customer.
§ 6 Terms of payment, set-off and retention
(1) The customer may pay by direct debit, credit card or COD.
(2) The payment of the purchase price is immediately due upon contract. If the due date of the payment is determined by the calendar, so the customer is already in default by failure to observe the deadline. In this case he has to pay the seller for interest at the rate of 5 percentage points above the base rate.
(3) The customer's obligation to pay interest exclude the assertion of further damage due to delay by the supplier is not.
(4) The customer may only offset counterclaims that have been judicially established, undisputed or acknowledged in writing by the seller. A The customer can only exercise when the underlying claims which arise from the same contract.
§ 7 Warranty for defects, warranty
(1) The supplier is liable for defects in accordance with the applicable statutory provisions, particularly § § 434 ff BGB.
(2) A guarantee is in the vendor-supplied goods only if this is expressly stated in the order confirmation to the respective article.
§ 8 Liability
(1) Customer's claims for damages are excluded. Exception of claims for damages by the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of the provider, his legal representatives or agents . (2) In case of breach of fundamental contractual obligations within the meaning of paragraph 1, the provider shall be liable to the contract-typical, foreseeable damage if this was simply caused by the negligence, unless is it to damage claims of the customer from injury to life, limb or health.
(3) Fundamental duties as defined in paragraph 1, the liability for the breach of obligations the fulfillment of the proper execution of the contract in the first place and on which the customer can rely.
(4) The restrictions of paragraphs 1 and 2 shall also apply to the legal representatives and agents of the provider, if claims are asserted directly against this.
(5) The provisions of the Product Liability Act remain unaffected.
§ 9 Right of withdrawal
(1) If the customer is a consumer, and it has concluded an agreement with the seller the exclusive use of means of distance communication, especially by telephone, e-mail or fax, or via the website, he has the right of withdrawal described below.
(2) The customer has to bear the cost of return if the delivered goods ordered if the price returned the case of an amount not exceeding 40 euros or if the customer at a higher price the thing at the time of the revocation yet and has paid the consideration or a contractually agreed partial payment. Returns of exceptionally
if the customer has purchased the products purchased with the provider for the purpose of its commercial or independent professional activity (in this case the customer is not a consumer),
for products that were on the specifications of the customers individually made for him or clearly tailored to personal needs (custom)
with perishable products and for products whose expiration date has passed,
in sealed data media with audio and video recordings or software if the disk has been removed by the customer,
in newspapers and magazines.
- Disclaimer -
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, email) or - if the goods before the deadline - by returning the goods. The period begins upon receipt of this notification in writing, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
wonderwood A. La Furia
Bottroper Str 23 b
46117 Oberhausen
Fax: +49-3221-1140858
Email: sales (at) wonderwood.de
Consequences of revocation In case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the performance received whole or in part, or to return only in deteriorated condition, you will be obliged to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, as it is possible and common in a shop. Transportable items are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a having given part payment. Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
- End of returns -
§ 10 Notes on data processing
(1) The provider may charge associated with the settlement of contracts the customer's data. He observes the law. Without the consent of the customer, the provider will inventory and usage data of the customers only collect, process or use to the extent required for the execution of contracts and for the use and accounting of teleservices.
(2) Without the consent of the customer, the provider will use customer data for purposes of advertising, market research or opinion polls.
(3) The customer always has the option of the data stored by him under the "My Account" to retrieve their profile to change it or delete it. Reference is also made in terms of the customer consents and additional information on the data collection, processing and use of the Privacy Policy, on the Website accessible at any time by clicking the "Privacy Policy" is in printable form.
§ 11 Final Provisions
(1) All contracts between the supplier and the customer, the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
(2) Unless the customer is a merchant, a legal entity under public law or a public law special fund, jurisdiction for all disputes arising from contractual relationships between the customer and the provider of the location of the provider.
(3) The contract shall remain binding even if legal invalidity of individual items, the remaining parts.
Source: Metzler Attorney - Lawyer for Competition Law, Trademark Law and Internet Law