Conditions
§ 1 Scope
(1) The following General Terms and Conditions (GTC) regulate the contractual relationship between WOODGEAR and consumers and entrepreneurs who use WOODGEAR's Internet offer (hereinafter referred to as "buyer"). The terms and conditions apply to the use of the website www.wood-gear.de and all subdomains belonging to this domain. The version valid at the time the contract is concluded is decisive. (2) Consumers within the meaning of these terms and conditions are natural persons who enter into a business relationship with WOODGEAR without this being attributable to their commercial or independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or partnerships with legal capacity who enter into a business relationship with WOODGEAR in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) WOODGEAR's offers on the Internet represent a non-binding invitation to the buyer to order goods from WOODGEAR. (2) By ordering the desired object of purchase on the Internet, the buyer submits a binding offer. Confirmation of receipt of the customer's order does not constitute acceptance of the customer's offer. This takes place when the goods are shipped. (3) Should the confirmation of receipt of the order or any other legally binding declaration by WOODGEAR contain typographical or printing errors, or should the price determination be based on transmission errors, WOODGEAR is entitled to revoke the declaration due to error. Any payments received will be reimbursed immediately in this case. (4) WOODGEAR is entitled to accept this offer within a period of seven calendar days by sending a shipping confirmation or by sending the ordered goods. A purchase contract is only concluded when WOODGEAR has shipped the ordered product and has confirmed the shipment with a second e-mail (shipping confirmation). After fruitless expiry of this period the offer is rejected.
§ 3 Payment, due date, default of payment
(1) The goods are paid for in advance, cash on delivery, Paypal or credit card. Payment by cash on delivery is only possible for shipping within Germany. We reserve the right to accept or exclude certain payment methods in individual cases.
(2) When paying in advance, the buyer undertakes to pay the purchase price immediately after the conclusion of the contract. When paying by cash on delivery, the buyer undertakes to pay the purchase price upon delivery of the goods. When paying by direct debit, the amount will be debited within one week after the conclusion of the contract. When paying by credit card, payment is made immediately with the order. (3) If the buyer is in default of payment, he is responsible for any negligence during this time. (4) Interest is to be paid on the purchase price during the delay. The default interest rate for the year is five percentage points above the base rate. For legal transactions in which a consumer is not involved, the interest rate is eight percentage points above the base rate.
(5) The assertion of further damages is not excluded.
(6) Voucher codes Only voucher codes are permitted per order. A voucher code is only to be used for the product named in the code. If the product is unclear, contact WOODGEAR beforehand. We reserve the right to accept or exclude certain coupon codes on a case-by-case basis.
(7) With the selected payment method "per leasing", the customer acknowledges and agrees that the data provided will be passed on to the Albis Leasing Group and processed there in accordance with the data protection declaration of the Albis Leasing Group.
§ 4 Delivery
(1) The delivery is made by sending the object of purchase to the address provided by the buyer. The delivery takes place against the specified packaging and shipping costs.
(2) Information on delivery times can be found in the item description.
(3) For deliveries abroad, unless otherwise stated, the price for packaging and shipping will be calculated separately by weight. If the buyer wants a special type of shipment that incurs higher costs, he must also bear these additional costs.
(4) If the buyer acquires the object of purchase for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the object of purchase passes to him as soon as WOODGEAR hands over the object of purchase to the forwarding agent, carrier or other person responsible for carrying out the shipment or institution delivered.
§ 5 Retention of title
(1) The object of purchase remains the property of WOODGEAR until full payment has been made. Before the transfer of ownership, pledging, assignment as security, processing or transformation is not permitted without the express consent of WOODGEAR. This also applies to all future deliveries, even if WOODGEAR does not always expressly refer to this. WOODGEAR is entitled to take back the purchased item if the customer behaves in breach of contract and does not pay. The buyer only acquires ownership when all claims from the business relationship have been paid off for the first time.
(2) The customer is obliged to treat the purchased item with care as long as ownership has not yet passed to him. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value. As long as ownership has not yet passed, the customer must inform WOODGEAR immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not able to reimburse WOODGEAR for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the damage and loss incurred by WOODGEAR.
(3) The customer is entitled to resell the reserved goods in normal business transactions. The customer assigns to us the claims against the customer from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment applies regardless of whether the purchased item has been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds received and is not in default of payment.
§ 6 Prices
(1) The price for the object of purchase stated in the respective offer is the final price including any applicable VAT and other price components.
(2) The price does not include delivery and shipping costs. (3) Price errors, prior sale and changes reserved. In the event of incorrect product or price information due to typographical errors or errors in information which WOODGEAR GmbH has received from suppliers, WOODGEAR has the right not to carry out the order and to cancel it. WOODGEAR is entitled not to carry out such orders and to cancel them, even if they have been confirmed by email and have already been paid for by credit card, bank transfer, Paypal or another payment method. In this case, WOODGEAR will arrange a refund immediately.
§ 7 Withdrawal / Revocation
(1) WOODGEAR is also entitled to withdraw from the contract with regard to an outstanding part of the delivery or service if incorrect information has been provided about the creditworthiness of the buyer or there are objective reasons for the buyer’s inability to pay, e.g. the opening of insolvency proceedings over the property of the buyer or the dismissal of such a procedure for lack of cost-covering assets. Before withdrawing, the buyer is given the opportunity to make an advance payment or provide suitable security. (2) Irrespective of any claims for damages, in the event of partial withdrawal, partial services already rendered are to be invoiced and paid for in accordance with the contract. (3) In the event of revocation by a consumer, WOODGEAR will check whether the goods (if already delivered) are in perfect condition, whether they have been used, unpacked or damaged. The product must be returned in its original packaging with all accessories and related documentation, in new condition and undamaged. The right of withdrawal expires prematurely if the consumer or the manufacturer has started to perform the service, activate or personalize the product before the end of the withdrawal period (for consumers - 14 days from taking possession of the goods) or if the consumer has caused this (e.g. e.g. by downloading, registering, etc.). Non-private individuals (companies/firms: sole proprietorships, partnerships, corporations, eG (registered cooperative), non-profit organisations, associations, ...) have no right of return under the statutory right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy. If one of the cases finally mentioned applies to consumers, WOODGEAR GmbH reserves the right to charge a restocking fee of 10% to 25% of the value of the goods. In the case of products that are manufactured by manufacturers specifically to the customer's request or only to the customer's order, the goods cannot be returned. In the case of private customers, the conditions of the Distance Selling Act also apply.
(4) For a revocation (consumer), please use our WOODGEAR revocation form for consumers.
§ 8 Warranty
(1) Warranty towards consumers a) WOODGEAR warrants that the purchased item is free of defects upon delivery. If a material defect becomes apparent within six months of the delivery of the object of purchase, it is assumed that it was already defective at the time of delivery, unless this assumption is incompatible with the type of object of purchase or the defect. If the material defect only becomes apparent after six months have elapsed, the buyer must prove that the material defect was already present when the object of purchase was handed over. b) If the object of purchase is defective when it is handed over, the buyer has the choice of whether subsequent performance is to be carried out by means of repair or a replacement delivery. WOODGEAR is entitled to refuse the type of subsequent performance chosen if it is only possible with disproportionate costs and the other type of subsequent performance does not have any significant disadvantages for the buyer. c) If the subsequent performance fails, the buyer can demand a reduction in the purchase price (reduction) or cancellation of the contract (withdrawal) as well as compensation for damages. If the defects are only minor, the buyer has no right of withdrawal. d) Claims of the buyer due to defects expire in two years, in the case of the sale of used items in one year. (2) Warranty towards entrepreneurs a) If the purchase is a commercial transaction for WOODGEAR and the buyer, the buyer must immediately examine the delivered goods for deviations in quality and quantity and notify WOODGEAR in writing of any recognizable defects within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Hidden defects must be reported to WOODGEAR in writing within one week of discovery. Deadline is sufficient for the timely dispatch. In this case, the buyer bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects. b) In the event of defects, WOODGEAR shall, at its own discretion, provide a warranty through subsequent improvement or replacement delivery. c) The buyer's claims for defects become time-barred in one year. (3) If WOODGEAR delivers a defect-free object of purchase for the purpose of supplementary performance, WOODGEAR can demand that the buyer return the defective object of purchase. (4) Damage caused by improper or non-contractual measures by the buyer during installation, connection, operation or storage do not justify any claims against WOODGEAR.
§ 9 Limitation of Liability
(1) WOODGEAR is only liable for damage other than injury to life, limb and health if this damage is based on intentional or grossly negligent action or on culpable violation of an essential contractual obligation by WOODGEAR or its vicarious agents. An obligation is essential to the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the buyer can regularly rely. Any further liability for damages is excluded. Claims from a guarantee given by WOODGEAR for the quality of the object of purchase and the Product Liability Act remain unaffected. (2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant availability of our internet shop.
§ 10 Choice of Law, Place of Jurisdiction
(1) All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded. (2) If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of WOODGEAR. The same applies if the buyer does not have a general place of jurisdiction in Germany or if the domicile or habitual abode is not known at the time the action is filed.
§ 11 Severability Clause
Should a provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected, unless one of the contracting parties would be so unreasonably disadvantaged through the omission of individual clauses that it can no longer be expected to adhere to the contract .