General Terms and Conditions – Wiedenbeck & Züfle GbR (retrostiel)
- General
- Contract parties, offer and conclusion of contract
- Right of revocation, consequences of revocation
- Prices and shipping costs
- Availability of goods, Deliveries
- Payment arrangements
- Retention of ownership
- Guarantee against material deficiencies and liability
- Limitation of liability
- Damage in transit
- Warranty
- Privacy Policy
- Place of jurisdiction
- Notes on the battery regulation
- Notes on the participation in the takeback system of the Landbell AG
- Final provisions
1. General
(1) These Terms and Conditions apply to all contracts, deliveries and other services of Wiedenbeck & Züfle GbR (hereinafter: “Seller”) with natural and legal persons (hereinafter: “Customer”), concerning the online shop http://retrostiel.com/ and all the sub-domains of the domain. Differing provisions of the customer shall not apply, unless the Seller has confirmed them in writing. Individual agreements between the Seller and the customer shall always have priority.
(2) The customer is a consumer as long as the purpose of the ordered deliveries and performances cannot be linked to a commercial activity or to an activity of an independent entity. Against it entrepreneur is every natural or legal person or partnership capable of right which acts by the conclusion of the contract in exercise of her commercial or independent professional activity.
2. Contract parties, offer and conclusion of contract
(1) The customer can select from the range of the supplier’s products, especially sunglasses and watches made of wood, and collect these over the badge in the basket of commodities in a so called basket of commodities. By clicking on the button “Send order”, the customer makes a binding request to purchase the goods contained in the basket of commodities. The customer may at any time alter and view the data before the purchase order is sent. However, the request may only be made and sent if the customer has accepted these terms and conditions of contract by clicking on the button “I accept the GT&C”, thereby incorporating them into his request.
(2) The customer will then receive an automatic acknowledgement of receipt by email, in which the customer’s purchase order is set out once again and which the customer can print out via the function “Print”. The automatic acknowledgement of receipt documents that the seller has received the customer’s purchase order and implies an acceptance of the order.
3. Right of revocation, consequences of revocation
Right of revocation:
You have the right to revoke your contractual statement within 14 days and without stating reasons.
The revocation period of 14 days starts with the receipt of the merchandise by you or a named third person which is not the carrier (in the case of recurring deliveries of similar products not before you received the first partial delivery).
In order to execute your right of revocation you have to inform us
Wiedenbeck & Züfle GbR
Michael-Kraf-Strasse 15
88250 Weingarten
Germany
mailto: hallo@retrostiel.de
about your decision to revoke your contract by using a clear statement (e.g. a letter or an e-mail). For the revocation you can use our sample-revocation form, which is however not obligatory.
Address the revocation to:
Eduard Wiedenbeck
Gottfried-Keller-Str. 4
78467 Konstanz
Germany
mailto: hallo@retrostiel.de
In order to not exceed the cancellation period the timely mailing of the revocation (before expiration of the revocation period) is sufficient.
Consequences of revocation:
In case the contract is revoked, we have to pay back all payments received from your part, including the shipping costs (with the exception of the additional costs derived by the fact that you selected a different method of delivery than the offered cheaper standard shipment) immediately and at the latest within 14 days after the reception of the revocation. For the repayment we use the same method of payment, which has been used initially unless we agreed otherwise; in no event the repayment will lead to additional costs on your side.
We have the right to withhold the payment until we received the merchandise back or until it is proofed that the merchandise was sent back, whatever is the earlier date.
You are obliged to send the merchandise back immediately and at the latest within 14 days after the notification of the revocation. The time limit is met if the merchandise was returned before expiration of the revocation period.
The Wiedenbeck & Züfle GbR covers the immediate cost of the return shipment if the price of the returned good exceeds a value of 40,00 EUR. In case you are unable to reimburse us either in total or partially for services received or only in a worse condition, you are required to offer a compensation of equal value. This does not apply, when the deterioration of the merchandise has been checked like it is possible in a shop. The customer shall only be liable for any deterioration, destruction or loss of use resulting from any negligence or intent on his part.
Exclusion of the right of revocation
The right of revocation exists, unless otherwise specified, not with distance contracts
– If the delivery of goods is not pre-manufactured and their production is according to customer specifications or clearly tailored to personal needs.
End of revocation notice
4. Prices and shipping costs
(1) Each price given on the website for the purchase is to be understood as the complete price including any possibly arising value added tax or other price components. The price does not include any shipment and delivery costs.
(2) The costs for the standard shipment of the merchandise to the client (domestic and EU sales) will be paid by the Wiedenbeck & Züfle GbR. For a delivery in countries outside of the European Union a shipping fee of 6,20 EUR will be charged. Should the customer request a special type of delivery that increases the costs, he shall bear these extra costs (9,90 EUR for Express deliveries within Germany).
The seller bears the delivery risk, if the customer is consumer.
(3) If the customer makes use of its right to revocation, the following shall apply: The customer shall bear the normal cost of returning goods, if the goods delivered correspond to the order and the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price, the customer has not yet provided the consideration or a contractually agreed part payment at the time of cancellation. Otherwise, returning the goods shall be free of charge for the customer.
5. Availability of goods, Deliveries
(1) Should the customer’s choice of product not be available at the time an order is placed, the seller will notify the customer of the fact in the order confirmation. Is the unavailability of the product permanent, the seller will not confirm the order. In this case a contract cannot be established.
(2) If the ordered product will not be available for a foreseeable period of time, the seller will also immediately notify the customer in the confirmation e-mail. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, also the supplier is entitled to free himself of the contract. Any payments already made by the customer will then be refunded.
(3) The delivery occurs with shipping the object of purchase to the communicated shipping address of the buyer. As far as delivery is agreed against advance payment, the time of delivery amounts in general to 2-5 working days (within Europe) on receipt of the purchase price. Otherwise the time of delivery amounts to 2-5 (within Europe) working days from dispatch of the confirmation of order. This information is non-binding, as far as nothing else is agreed upon.
6. Payment arrangements
(1) The payment of the goods will be made either by payment in advance, PayPal, direct transfer (SofortÜberweisung) or by amazon payments. We retain the right to accept or deny certain forms of payment in individual cases.
(2) The payment of the purchase price is due immediately with conclusion of the contract. If a time according to the calendar is defined for the payment, the purchaser defaults without a reminder if he does not pay in due time. In the above mentioned cases, the seller shall be entitled to surcharge default interests of 5% (per annum) over the base interest rate.
(3) The liability of the customer to the payment of interests for delay does not exclude the assertion of other default damages by the seller.
7. Retention of ownership
The purchase item remains the property of Wiedenbeck & Züfle GbR (Seller) until payment is effected in full. Before taking possession of the goods, the client cannot pawn, change, or work on said goods or use them as a security without written consent of the seller.
8. Guarantee against material deficiencies and liability
(1) The seller guarantees that the purchased item is free of defects at handover. If a material defect appears within six months since handing over of the object of purchase, is supposed that this already fell short by handing over, unless, this assumption is contrary to the nature of the object of purchase subject or the defect. Should the material defect occur after the first six months after delivery, the buyer must prove that the material defect was already present upon the delivery of the goods. The customer’s damage claims become time-barred after two years.
(2) If the object of purchase subject is faulty on delivery, the buyer has the right to demand as supplementary performance to his choice the remedy of the defect or the delivery of a faultless object of purchase. The seller reserves the right to the buyer chosen by the kind of performance to refuse if they are impossible or only with disproportionate costs. The buyer’s claim is restricted in this case to the other form of supplementary performance; the seller’s right to refuse also that supplementary performance under the conditions laid out in sentence 1 above is unaffected.
(3) If in the course of replacement as a subsequent performance Wiedenbeck & Züfle GbR deliver a faultless item the customer is obligated to return the faulty item.
(4) Damages that happen due to inappropriate or in breach of contract arrangements of the customer, that were caused while installation, connection, handling or storage justify no claim against the seller.
(5) All goods in our shop comply with legal guarantee provisions.
9. Limitation of liability
(1) The organizer is only liable for damages to life, body or health, when this is caused by the culpable breach of substantial contract obligations, as far as a violation against this endangers the contract or negligence by the seller or the negligence of one of its legal representatives or executing aides. Liability for compensation for damages beyond these terms shall be excluded. Claims from a given guarantee (from the seller) for the quality of goods and purchase the product liability law remain unaffected.
(2) According to the current level of technology data communication via internet cannot be guaranteed to be without errors and/or available at all times. Therefore, the seller will not be liable for the uninterrupted availability of his Internet shop.
(3) Please be informed that our products are made using 100% natural wood. There are very few people who might experience an allergic reaction to woods. We suggest that while you are wearing the product within the first few weeks, you should monitor your skin. In the remote possibility that you begin to experience any discomfort or any kind of itch or rash, please stop wearing the product immediately and visit your doctor. The seller disclaims all responsibility for any resulting damages, injuries or expenses related to causes created by wearing the wooden product.
This also applies for allergic reactions caused by the stainless steel claps of our watches.
10. Damage in transit
In case of delivery of goods with obvious damages on packages or the contents thereof, the customer has to complain the same without any delay to the transporter/carrier and avoid the acceptance of the goods. In addition, contact should be taken immediately with the seller by e-mail, mail or phone. Thus, there is no abridgement of the legal statutory period of limitations.
11. Warranty
Our wooden timepieces are warranted for a period of 24 months from the date of purchase under the following terms and conditions:
The worldwide warranty covers material and manufacturing defects existing at the time of the purchase of the watch. The warranty only comes into force if the proof of purchase is shown, with a valid payment of receipt. During the warranty period and by presenting the proof of purchase, you will have the right to have any manufacturing defect repaired free of charge. In the event that repairs are improper to restore the normal conditions of use of your watch, or if you purchased a retrostiel timepiece no longer available, we guarantee its replacement with a timepiece of the same or similar model/color respectively the refund of the purchasing price.
The retrostiel warranty does not cover: normal wear and tear or deterioration as well as water or fire damage, the life of the battery, crystal, watch case, strap/bracelet, loss or theft.
12. Privacy policy
All personal data, which is needed to carry out the order will be stored in machine-readable form and treated confidentially. The data necessary to process an order like name or address will be within the framework of execution forwarded to the company instructed with the delivery of the goods or services. Any further information can be found under our Privacy Policies.
13. Place of jurisdiction
All disputes arising from this legal relationship are subject to the laws of the Federal Republic of Germany. Application of the UN Sales Convention is excluded. The same venue is valid if the purchaser does not have a general venue in Germany, if he changes his domicile or his usual residence from Germany to another country after concluding the contract or if his residence or usual residence is not known at the moment of charge, if not for the dispute to an exclusive venue is justified.
14. Notes on the battery regulation
In relation to selling batteries and accumulators or the delivery of devices which contain batteries or accumulators, we are committed to advice you according to the battery regulation:
As the end consumer you are legally required to return any used batteries and accumulators. After their use you can return these free of charge in the sales office or in your direct proximity (e.g. in municipal collection sites or in commercial outlets). You may also return the batteries and accumulators by mail to the seller.
It is prohibited to dispose of batteries and accumulators in the garbage. Batteries and accumulators, which contain hazardous substances are characterized by the symbol of a crossed-out waste bin and are tagged below with the chemical symbols (Cd, HG or Pb).
15. Notes on the participation in the takeback system of the Landbell AG
Regarding for from us primary with goods filled and to private end consumer delivered sales packaging our company is taking part in the nationwide operating return system of the Landbell AG, Mainz in order to secure the fulfillment of our legal obligations in regards to § 6 VerpackV. Further information can be found on the website of the Landbell AG.
16. Final provisions
Should any provision of these conditions (General Terms & Conditions) be invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. The invalid term or the gap shall be replaced by an appropriate arrangement (legislation practices) that, as far as legally possible, comes closest to the expectations of the contract parties. However, the contract is ineffective throughout if adherence to it would entail unreasonable hardship on one of the contractual parties.
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