Area of application
The following terms and conditions apply to all deliveries, attainments and services at the time the contract was signed between the customer and the Wenger & Krautwasser GbR. Deviations from the terms and conditions and additional services need an additional written agreement. Due to continuous product improvement we reserve the right to change the shape, color and design of our products shown on the website, as long as these do not affect the value or the purpose of the products. With the completion of the online order a binding offer is submitted by the customer. The following automatically sent online order receipt does not constitute acceptance of the offer, but serves to inform the customers of the reception of the order. The contract is only concluded by acceptance of the goods ordered by the customer or through the execution of the services by Wenger & Krautwasser GbR.
Identity of the contractor
Unless otherwise noted, the sales contract will be made with the Wenger & Krautwasser GbR
Wenger & Krautwasser GbR
Reisstrasse 5
78467 Konstanz
Germany
Management: Dominik Wenger and Holger Krautwasser
The Wenger & Krautwasser GbR only contracts with customers which are fully contractually capable, over 18 years old and are natural persons. If a contract with a not accepted customer is accidentally accepted by Wenger & Krautwasser GbR we will have the right to withdraw from this contract within an acceptable time limit.
Storage of the contract
Your data entered during the ordering process is automatically saved. You can print these data after you have completed the order. Additionally you will get this data also in the order receipt email.
Price, delivery and payment
All prices are in EURO (€) and contain the statutory VAT. The shipping cost is not included but will be listed separately. You will be informed about our delivery times by email. Binding delivery times can only be accepted in written form.
An agreed delivery date is to be expected from the date of confirmation of the order. The delivery deadline is met if the goods will be dispatched before the deadline ends. The delivery deadline will be extended if there are stoppages or other circumstances which can not be controlled by us, like legislative changes or administrative orders (e.g. export bans) or other delivery delays due to force majeure. In case of such obstacles, you will be contacted via e-mail by us. Claims for damages are only valid if the delivery delay is due to intent or gross negligence by us. The payments shall be transferred via PayPal immediately or in advance or via online banking to the following account:
Account holder : Wenger & Krautwasser GbR
IBAN: DE48 7002 2200 0020 2356 16
BIC: FDDODEMMXXX
Bank : Fidor Bank AG
Please enter your invoice number and the reason for payment.
Payments by check, cash or personal check and credit card programs are not permitted. We assume no responsibility for loss of valuable items (cash / personal check) sent by postal service to us. Cash payment is possible, but not via postal services.
Revocation
Right of revocation
Purchaser may revoke the order within a revocation period of two weeks without further specification of reasons in written form (e.g. letter or e-mail) or by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB as well as our obligations according to § 312g Para. 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. Punctual dispatch suffices as compliance with the time limit. The revocation must be declared to:
Wenger & Krautwasser GbR
Reisstr.5
78467 Konstanz, BW
Revocation consequences
In the case of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest charges) returned. If you cannot return or hand over the received service and benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or the deterioration is due to an extent with the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if 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 of the item, you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt. If purchaser is an EU-resident and if the value of purchaser´s order exceeds forty euros (EUR 40) the costs of return will be borne by Schneeröhrchen.
Obligatory refunds of payments must be made within 30 days after sending the revocation or returning the goods.
The right of revocation does not apply to contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date has passed, for the delivery of audio or video recordings or software, provided that you have unsealed the data carriers supplied, and for the delivery of newspapers, periodicals and magazines (unless you have made your contractual declaration for the delivery of newspapers, periodicals and magazines by telephone).
At Schneeröhrchen.de you pay shipping costs independently from the value of your order. In some cases we may add additional costs because of excessive weight or the need for transportation of dangerous goods. Those products will be specially marked. If for technical or logistical reasons, a shipment has to take place in several stages, we will assume the additional shipping costs. We will inform the customer of such circumstances immediately.
The shipping type and the shipping company will be selected by us, unless the customer explicitly wishes otherwise.
Reservation of ownership
Until full payment all goods will be owned by Wenger & Krautwasser GbR.
Payment, due date, late payment
The payment of goods is accepted either via PayPal or cash in advance (bank transfer or direct cash). Our invoices are immediately due and payable without deduction. A payment shall only be deemed to have occurred if Wenger & Krautwassser GbR has full access to it.
Warranty
Warranty
If the delivered goods have obvious material or manufacturing defects, which includes shipping damage, please complain to us immediately. There are no legal consequences from the expiry of such a claim.
For all occurring defects during the statutory warranty period of 2 years, you have all rights according to the german law.
No Warranty
We assume no responsibility for defects and damage resulting from improper use,not following the instructions or improper or negligent treatment. This also applies to the operation of devices with the wrong power or voltage and connection to unsuitable power sources. We also assume no liability for defects and damages caused due to fire, lightning, explosion or surges, moisture of any kind, incorrect or missing software and / or processing data unless the customer can prove that these circumstances did not cause the defect.
Warranty period
If Wenger & Krautwasser GbR accepts repair entries after the legal period of warranty, the customer is not entitled to reduction, cancellation of the contract or supplementary performance.
Repair
If there is a defect of the product which is caused by us, we are entitled to choose to remedy the defect or send a replacement. The exchange in higher quality products is to be accepted.
Further rights, especially the cancellation of the contract can be exercised only after a reasonable period to remedy the defect or the double failure of the supplementary performance. After one year from date of shipment, the warranty claims are limited to remedial or time value of our choice.
Guarantee at exchange
Through an exchange under warranty any new warranty and guarantee periods can not come into force.
Compensation claims
Damage claims can in all cases, even after failed subsequent improvement or replacement only be invoked against us if we acted with intent or gross negligence or if promised features are missing. If our liability is excluded, this also applies to the personal liability of our employees, representatives and agents.
Use of customer data
We are entitled to process all the data concerning business relationships with customers according to the Federal Data Protection Act. Further Information what kind of information we collect and how we use it can be found in our privacy notice.
Export authorization
Any export authorizations required by the Federal Office of Industrial Economics in Eschborn, Germany for the shipment of goods must be organized from customers in their own name and at his own expense. The refusal of such an export permit does not entitle you to cancel the contract.
Place of fulfillment, jurisdiction, severability, applicable law
As place of fulfillment for all contract services, inclusive possible refund claims, Konstanz, Germany will be accepted.
In business transactions with merchants and legal persons of public law, the place of jurisdiction for all litigations resulting from contracts, bills and check complains will be Konstanz, Germany. We are also entitled to sue in the location of the customer
If any part of the contract or the general business conditions is illegal, the remaining provisions will remain in effect. In cases of cross-border shipping German law will be applied.
(This information is intended solely for informational purposes; the original German text is legally binding)
