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General terms and conditions
in the version dated 01.10.2009
1. Area of applicability
All deliveries and services arising from legal transactions conducted between us shall take place on the basis of the exclusive validity of these General Terms and Conditions (hereinafter referred to as "GTC") in the version respectively valid upon contract conclusion. The General Terms and Conditions are also available at the end of this page as a pdf file and as a print version. 2. Exclusive validity of the GTCs, validity of other provisions
Our GTCs are valid for legal transactions conducted between us and companies / commercial customers as well as with private persons as end users apart from if a difference is made in the respective clause between consumers and customers. Any conflicting business terms of yours are only valid if we explicitely agree to their validity and in writing. 3. Subject matter of the contract
The subject matter of the contract is exclusively the sold product with the characteristics and features of our product description. Illustrations on our website and in catalogues respecively do not represent any kind of legal binding offer but serve the purpose of being general non-binding product information in a purely visual representation and have no claim to completeness. 4. Offers / conclusion of the contract
Our offers are always subject to change and non-binding. The German and English languages are available to you for the contract conclusion. When ordering through our online shop you as a binding customer of ours express your wish to acquire the contents of the shopping basket by clicking on the button "Send order!" whilst incorporating these GTCs. You will receive a confirmation of order receipt by email. We will point out possible errors in the details on the range on the website to you separately and make you a corresponding counter offer. You will recognise any type errors you make on the concluding confirmation before checkout and will be able to correct the errors at any time with the aid of the delete or change function before sending the order. The contract conluded between us comes into being upon the delivery of the ordered merchandise – not through the automatically sent order confirmation. In this respect you waive the receipt of the acceptance declaration in accordance with § 151 Satz 1 BGB (German Civil Code). The acceptance takes place with the reservation of the availability of the ordered goods. We will inform you if we are not able to accept your offer. In the case of an order not placed through the internet, the contract comes into being upon receipt of our order confirmation (order acceptance) by you or the delivery of the goods to you. 5. Buyer’s duties to inform
You are obliged to provide truthful information when registering. Should your data change during the term/processing of the contract, you are obliged to inform us of these changes immediately. Should you fail to do so or should you provide us with false information from the beginning, we are in this case entitled to withdraw from the concluded contract without any charges being incurred by us. Costs arising through the goods being sent to the wrong address due to incomplete or incorrect address details will be charged on to you. As our contractual partner you must ensure that the email account stated by you can be reached and that the receipt of emails is not excluded due to passing on, closure or congestion of the account. 6. Right of withdrawl for consumers, consequences of withdrawal
If the contract is concluded between us with the exclusive application of remote communication means (email, fax, letter, etc.), you as the consumer can withdraw your contractual statement in writing (e.g. letter, fax, email) within two weeks without stating reasons or, if the goods have been sent to you before the end of the deadline, by returning the goods. The deadline begins after receiving these written instructions, however not before you receive the goods and also not before the fulfilment of our duties to inform in accordance with § 312c paragraph 2 BGB in connection with § 1 paragraph1, 2 and 4 BGB-InfoV as well as our duties according to § 312e paragraph 1 sentence 1 BGB in connection with § 3 BGB-InfoV. To observe the cancellation period it is sufficient to send the rescission or the merchandise in good time. The rescission is to be sent to: ERWE-Consult, An der Bismarckhöhe 43, 72406 Wessingen Tel: +49 (0) 7471 707 884-0, Fax: +49 (0) 7471 870 4339 In the case of an effective rescission the services from both sides are to be compensated and, if need be, use that has been made (e.g. interest) is to be paid back. If you cannot provide us with compensation for the received service wholly or partially or only send the goods back in a deteriorated state, you must replace the value to us in this respect. This does not apply in the case of surrendering the goods if the deterioration of the goods can be ascribed exclusively to the inspection thereof – as it would have been possible, for instance, in a retail store. For the rest you can avoid the obligation to value replacement for goods that have deteriorated due to putting into the intended use by you not using the goods as your own property and by refraining from undertaking anything that impairs the value of the goods. Transportable packaged goods are to be returned to us at our expense and risk. Non-transportable packaged goods will be collected from your premises. Obligations to reimburse payments must be fulfilled within 30 days. The deadline for you begins with sending your notice of withdrawal or the merchandise, for us with the receipt thereof. 7. Cancellation instructions, cancellation consequences
As a consumer you may return the goods within 30 days without stating reasons. The deadline begins at the earliest on the day after receipt of the goods and the return instructions to be informed in writing and also not before the fulfilment of our duty to supply information in accordance with § 312c paragraph 2 BGB in connection with § 1 paragraph 1, 2 and 4 BGB-InfoV as well as our duties according to § 312e paragraph 1 sentence 1 BGB in connection with § 3 BGB-InfoV. Sending the merchandise or the return request in good time shall suffice to meet the deadline. Only in the case of non-transportable packaged goods (e.g. bulky goods) may you also declare the return initially by means of a return request, i.e. for example by letter or email. In any case returning the goods shall take place at our expense and at our risk. Returning the goods or the return request must also be sent to the following address: ERWE-Consult, An der Bismarckhöhe 43, 72406 Wessingen Tel: +49 (0) 7471 707 884-0, Fax: +49 (0) 7471 870 4339 E-mail: info@erwe-consult.de In the case of an effective return services received from both sides are to be reimbursed (returned goods to us / your claim to have purchase price reimbursed, exchange or credit note) and reimbursing any possible realised usage (e.g. compensation for use). In the case of a deterioration of the goods value replacement can be demanded. This does not apply if the deterioration of the goods can be exclusively ascribed to the inspection thereof – as would have been possible, for instance, in a retail store. For the rest you can avoid the obligation for value replacement for goods that have deteriorated due to putting to the intended use by you not using the goods as your own property and by refraining from undertaking anything that impairs the value of the goods. Obligations to reimburse payments must be fulfilled within 30 days. The deadline for you begins with sending your return request or the merchandise, for us with the receipt thereof. 8. Place of performance / transfer of risk
The place of performance for our obligation to deliver is our place of business in 72406 Wessingen.A delivery of the ordered goods requested by you shall take place uninsured at your expense. A transport insurance policy will only be concluded at your expense if you explicitely request this. The choice of dispatch route and mode shall be made by us. In the case of legal transactions between us and companies/commercial customers, the dispatch of the ordered goods shall take place at your risk. Upon dispatching the merchandise in good time to the supplier/forwarding agent we have fulfilled our performance obligation. Delays in the framework of delivering to you fall solely into the area of responsibility of the supplier or of you. In the case of legal transactions between us and end users, the risk of non-performance in the case of a dispatch is only transferred to you upon the goods being handed over or if you are in default of acceptance. 9. Price / payment terms / forwarding charges
Prices:
the catalogue includes net and gross prices including the legally valid German value added tax. The prices are valid until the new catalogue is issued. Price changes are permissible if there are over 4 months between contract conclusion and the agreed delivery date. If wages, material costs or cost prices in line with the market increase or are reduced after this up to the completion of delivery, we are in this case entitled to increase the price appropriately corresponding to the cost increases. A right of withdrawal exists providing the price increase is not usual in the market. We accept no liability for print errors in terms of price details. Book prices:
books are non-discountable. In the case of a price increase by the publisher’s, we are obliged to charge you the new price. Payment terms:
Cash on delivery (only possible nationally):
The cash on delivery charge of 4.50 euros gross is for your account and will be taken into account in the forwarding charges. You are to pay the invoice amount and the postal charge of 2 euros to the delivery service. We retain the right to restrict the payment method for new customers to prepayments and also to charge the further delivery against prepayment. Forwarding charges:
the forwarding charges are shown in detail on our website in the online shop and in the framework of the order transaction via our internet shop as well as in our sales catalogue. Special dispatch forms requested by our customers will be charged at the local surcharge rate. Forwarding costs for foreign dispatches are determined according to the weight and dimensions of the goods to be sent and are to be borne by you, providing nothing has been agreed to the contrary. We retain the right to select the express dispatch mode outside of Europe if the forwarding costs are cheaper using this dispatch mode than a standard dispatch. Part deliveries:
Should individual items from the order not be deliverable at short notice, we retain the right to make a part delivery. The subsequent delivery of the items shall take place free of forwarding costs. Default of payment:
the purchase price as well as the possibly accruing forwarding costs are due for payment upon contract conclusion. They are in default at the latest 15 days after the settlement date and receipt of an invoice or equivalent payment schedule. This is only valid for a consumer if explicit reference was made to this legal consequence in the invoice or an equivalent payment schedule. Should you as the buyer fall behind with your payment obligations, we are entitled in this case to demand default interest to consumers to the value of 5 percentage points – to companies/commercial customers to the value of 8 percentage points – of the valid base lending rate. Default of payment occurs either with a demand note after payment becomes due or without a demand note after the period allowed for payment has elapsed according to the stated payment terms. 10. Reservation of property rights
Up until the complete payment of the purchase price the goods remain our property, regardless of the course of the deadline for returning goods. As the buyer you are obliged to treat the delivered goods with care and to inform us of access to the goods by third parties, for example in the case of an attachment as well as possible damages or destruction of the goods. You are simultaneously entitled to sell on the bought goods in a proper business transaction as long as you are not in default of payment towards us. However, you must now assign all claims to the value of the gross invoice amount to us that you accrue by selling on to a third party. We herewith accept the assignment. 11. Removal of defects/ warranty, guarantee
We grant a three-year guarantee on the defect-free features of the products we have delivered, providing the goods are used and maintained for the intended purpose corresponding to the recommendations of the manufacturer. The removal of defects shall take place in the framework of the granted guarantee in accordance with statutory provisions. The guarantee period begins upon the delivery of the goods. Our contractual liability for damages in the framework of the guarantee we have granted is based on statutory provisions. Defects in wood for further processing will be excluded from the liability after the expiry of the sale or return (see Point 6.). This is valid, e.g. for cracks and shrinkage to the wood even if it was dried artificially.Besides this the statutory warranty regulations shall apply. 12. Liability
Our liability and the liability of our vicarious agents for contractual breaches of duty as well as for delicts are restricted to intent and gross negligence. This does not apply to injury to life, body and health, claims due to a breach of cardinal obligations, in the case of warranted characteristics and guarantees, for claims due to malicious concealment and to compensation of damage caused by default (§ 286 BGB). In this respect we are liable for all our defaults or those of our vicarious agents. The liability in the case of a delivery delay is, however, restricted to a maximum of no more than 5 % of the delivery value for each completed week of the delay. The liability for a breach of cardinal obligations shall be restricted to foreseeable, typically occurring damage. The data communication via the internet cannot be guaranteed according to the present state of the art as being free of defects and/or available at all times. We are therefore neither liable for the constant and uninterrupted availability of our online system nor for the technical and electronic errors during a sales event, on which we have no influence, in particular not for the delayed processing or acceptance of offers. 13. Data protection
We will use your stock data solely to process your order. 14. Applicable law
These General Terms and Conditions and the contract concluded between us on the basis thereof are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods. 15. Court of jurisdiction
If you as the buyer are a legal entity from public law or a separate estate under public law, the exclusive court of jurisdiction for all disputes arising from this contract is the court responsible for our place of business. The same applies when you as the buyer have the general court of jurisdiction in Germany or your residence or usual abode is not known at the time of the suit being filed. 16. Severability Clause
Should individual terms in these General Terms and Conditions be or become wholly or partially ineffective, the validity of the remaining provisions shall not be affected by this. |
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