General Terms and Conditions
Preamble
1.1. The following General Terms and Conditions govern the contractual relationship between us, the commercially operating
Werkzeuggigant
Owner Jürgen Schwiening
Hahnenpatt 15a
46399 Bocholt
and customers.
We can be contacted at the following contact details:
Tel: +49 (0) 2874-9017159
Fax: +49 (0) 2874-9017161
E-mail: info@werkzeuggigant.com
1.2. The contract language is originally German.
Definitions
2.1. A merchant is either a person who operates a commercial business or a person who has their company registered in the commercial register.
2.2. A commercial business is any business operation unless the nature or scope of the enterprise does not require a commercially organized business operation.
2.3. An entrepreneur is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2.4. A consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed either to their commercial or their independent professional activity.
2.5. A distance contract within the meaning of these GTC is a contract for the delivery of goods or the provision of services concluded between an entrepreneur and a consumer exclusively by the use of means of distance communication, unless the conclusion of the contract does not take place within the framework of a sales or service system organized for distance selling.
2.6. Means of distance communication are means of communication that may be used for the initiation or conclusion of a contract without the simultaneous physical presence of the contracting parties, in particular letters, catalogues, telephone calls, telefaxes, e-mails, as well as broadcasting, telemedia and media services.
2.7. The contract text within the meaning of these GTC is the product description resulting from our internet presentation and the content of the online order. The order confirmation sent by us via the internet portal is not itself the contract text, but merely confirms receipt of the order.
2.8. Text form is a readable declaration in which the person making the declaration is named and which is submitted on a durable medium.
2.9. A durable medium is any medium that enables the recipient to store a declaration addressed personally to them in such a way that it remains accessible for an appropriate period of time for its intended purpose and is suitable for reproducing the declaration unchanged.
2.10. Business premises are immovable commercial premises in which the entrepreneur carries out their activity on a permanent basis, and movable commercial premises in which the entrepreneur usually carries out their activity. Premises in which the person acting in the name of or on behalf of the entrepreneur carries out their activity on a permanent basis or usually does so shall be deemed equivalent to the entrepreneur’s premises.
Contracting Parties / Contractual Penalty in the Event of Feigning Customer Eligibility
3.1. Legal entities, partnerships and natural persons with full legal capacity are accepted as customers.
3.2. The customer is obliged to provide truthful information when placing an order and not to pass passwords on to third parties.
3.3. In the event of feigning customer eligibility, no contract shall come into existence. Instead, the parties agree on a contractual penalty amounting to 5% of the contract price that the non-authorized customer would have had to pay. They remain entitled to prove that no damage at all occurred or that the damage was substantially lower than the lump sum.
Scope of These GTC
4.1. These GTC apply exclusively to all contracts, deliveries and other services.
4.2. We do not recognize any conflicting or deviating terms and conditions.
4.3. Insofar as the customer is a merchant, these GTC shall also apply to all future business relationships, even if they are not expressly agreed again.
4.4. We are entitled to amend these GTC at any time.
4.5. In the case of ongoing contracts, the amendments shall become effective if the customer
4.5.1. accepts the amendment, or
4.5.2. does not object to the amendment within one month of receipt of a notice of amendment and we have informed the customer of the right to object and the deadline in the notice of amendment (in short, “deemed consent”). If the customer objects to the amendment, the GTC shall continue to apply without the amendments. However, we shall be entitled to terminate the contract extraordinarily for good cause within two weeks after receipt of the objection by giving one month’s notice to the end of the following month.
4.6. Amendments by way of deemed consent do not include such amendments that
4.6.1. relate to the principal performance obligations of one of the parties or the remuneration;
4.6.2. are equivalent in effect to the conclusion of a new contract; or
4.6.3. significantly shift the relationship between performance and consideration in our favor. By way of exception, deemed consent shall also apply in the aforementioned cases if the amendments are made in order to
4.6.3.1. restore the conformity of the GTC with a changed legal situation because a provision no longer complies with the legal situation as a result of a change in laws, including legal acts of the EU; or
4.6.3.2. replace provisions that are no longer applicable following a final and binding judicial or administrative decision.
Right to Modify
5.1. We reserve the right to change or deviate from the promised services if the change or deviation is reasonable for the customer, taking our interests into account.
5.2. The change or deviation is reasonable if the customer is not placed in a worse or better position or if the service is not materially deviated from. This may be the case, for example, if the ordered vintage is no longer available and the subsequent vintage does not differ more than insignificantly in quality and price.
Rights of Use
6.1. We reserve all rights of use to offer documents, illustrations, drawings, calculations and other documents.
6.2. In the event of unauthorized use, the unauthorized user shall be obliged to pay a contractual penalty amounting to five times the customary market fee for such use.
Withdrawal Policy
7.1. Right of Withdrawal
In the case of a distance contract or a contract concluded outside business premises, consumers have the right to withdraw from this contract within fourteen days without stating any reasons. The withdrawal period is fourteen days from the day on which the consumer, or a third party designated by the consumer who is not the carrier, took possession of the goods, or, in the case of a contract for several goods ordered by the consumer as part of one single order and delivered separately, the last goods, or, in the case of a contract for the delivery of goods in several partial shipments or pieces, the last partial shipment or the last piece.
To exercise their right of withdrawal, consumers must inform us
Werkzeuggigant
Owner Jürgen Schwiening
Hahnenpatt 15a
46399 Bocholt
Telephone: +49 (0) 2874-9017159
Fax: +49 (0) 2874-9017161
E-mail: info@werkzeuggigant.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of their decision to withdraw from this contract.
Consumers may use the attached model withdrawal form for this purpose, although this is not mandatory.
In order to comply with the withdrawal period, it is sufficient for consumers to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
7.2. Consequences of Withdrawal
If consumers withdraw from this contract, we shall reimburse to them all payments we have received from them, including delivery costs (with the exception of the additional costs resulting from the consumer choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of the withdrawal from this contract. For this reimbursement, we shall use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case will the consumer be charged any fees because of this reimbursement.
We may withhold reimbursement until we have received the goods back or until the consumer has supplied evidence of having sent back the goods, whichever is the earlier.
Consumers shall send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which they communicate their withdrawal from this contract to us. The deadline is met if consumers send back the goods before the period of fourteen days has expired.
Consumers shall bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 150.00 for goods which cannot normally be returned by post.
Consumers are only liable for any diminished value of the goods if this diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.3. Special Provisions for Entrepreneurs (B2B)
7.3.1. The following provisions shall apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
7.3.2. Entrepreneurs do not have a statutory right of withdrawal. The above provisions on the right of withdrawal shall apply exclusively to consumers within the meaning of Section 13 of the German Civil Code (BGB).
7.3.3. Returns of goods by entrepreneurs shall be accepted exclusively on a voluntary basis and only subject to our prior express agreement.
7.3.4. In the event of an individually agreed return of goods, we shall be entitled to charge a restocking fee in the amount of 20% of the net value of the goods, but at least EUR 25.00. The customer remains entitled to prove that we incurred no costs or only substantially lower costs.
7.3.5. A prerequisite for any return is that the goods are in perfect, unused and resalable condition, are returned complete including accessories, packaging and documentation, and are packaged securely for transport.
7.3.6. Custom-made products, individually configured goods and items expressly designated as non-returnable shall be excluded from return.
Conclusion of Contract / Storage of the Contract Text and the GTC
8.1. In the werkzeuggigant.com online shop
8.1.1. The presentation of the products in the online shop constitutes a non-binding and revocable invitation to our customers to submit an offer.
8.1.2. Customers submit an offer by going through several stages within the ordering process, namely
8.1.2.1. first selecting a product that they wish to purchase and initiating the ordering process by clicking the links “ORDER NOW”;
8.1.2.2. selecting the order quantities in the displayed virtual shopping cart / order form, entering the billing address, if applicable a different delivery address, contact details as well as the shipping method and continuing the ordering process by clicking the link “Check order - Preview”;
8.1.2.3. checking everything once again, correcting it if necessary, and clicking the link “Buy” in order to submit a legally binding offer;
8.1.2.4. after submitting an offer, customers will receive an e-mail to the e-mail address they provided. This e-mail contains all the details once again. Our e-mail confirms the order, but does not yet constitute acceptance of the customer’s offer.
8.1.3. We may accept the customer’s offer within 5 days orally, in writing, in text form or by conclusive conduct. The purchase contract shall come into existence either upon express declaration or dispatch of the respective products, whereby acceptance shall take effect upon receipt of the order confirmation or receipt of the goods by the customer. In the event that the customer pays for the order placed by SEPA transfer of the purchase price to the bank account of the payment service provider (payment option “advance payment”), the prior payment request shall be deemed to constitute acceptance. If customers have paid by credit card, advance payment, PayPal or giropay / paydirekt, the purchase contract shall already come into existence upon successful completion of the ordering process.
8.1.4. The contract text and these GTC are stored and sent to consumers by e-mail.
8.2. In the case of contracts not concluded outside business premises within the meaning of Section 312 b BGB:
8.2.1. The presentation of the products constitutes a non-binding and revocable invitation for customers to submit an offer (order or purchase order).
8.2.2. Customers may submit an offer orally, in writing, in text form or by conclusive conduct.
8.2.3. We may accept the offer either orally or by order or booking confirmation in writing or text form or by delivery, whereby acceptance shall take effect upon receipt of the order or booking confirmation or receipt of the goods by the customer.
Liability
9.1. We exclude our liability for slightly negligent breaches of duty, unless damages resulting from injury to life, body or health are affected, or claims under the Product Liability Act are affected, or guarantees are affected. Liability for the breach of obligations whose fulfillment is essential for the proper performance of the contract and on the observance of which the customer may regularly rely (essential contractual obligations) shall remain unaffected.
9.2. In the event of negligently caused damage to property and financial loss, we shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract.
9.3. The same shall apply to breaches of duty by our vicarious agents.
Prohibition of Set-Off
The entrepreneur shall not be entitled to set off their own claims against our payment claims unless the claims arise from the same contractual relationship, or are undisputed or have been finally adjudicated.
Right of Retention
The entrepreneur shall only be entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
Severability Clause (Partial Invalidity)
Should one of the provisions be invalid, the validity of the remaining provisions shall remain unaffected.
Out-of-Court Dispute Resolution Options
Our e-mail address is: info@werkzeuggigant.com
13.1. We are not obliged to participate in other out-of-court dispute resolution procedures before a consumer arbitration board, nor do we participate in them.
Applicable Law, Place of Jurisdiction and Ancillary Agreements
14.1. The contract, including these GTC, shall be governed by the substantive law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG, UN Sales Convention) shall not apply. This choice of law shall not apply if the consumer is thereby deprived of mandatory provisions of the law of the state in which they have their habitual residence.
14.2. In legal disputes, our registered office shall be the place of jurisdiction if
14.2.1. the customer is a merchant, or
14.2.2. the customer does not have a general place of jurisdiction within the territory of the Federal Republic of Germany, or
14.2.3. the customer is a legal entity under public law.
14.3. We shall also be entitled to bring an action at any other place of jurisdiction provided by law.
14.4. No ancillary agreements have been made.
Delivery Terms / Shipping Costs
15.1. Delivery dates specified by the customer in their order shall require our confirmation in order to be valid.
15.2. Costs of packaging and shipping shall be charged and stated separately. The exact costs result from the product description. Unless otherwise stated, the shipping costs
15.3. For orders with a net goods value below EUR 50.00, we charge a minimum order surcharge of EUR 10.00 net per order. For consumers, the surcharge is charged including statutory VAT. The surcharge will be separately shown during the ordering process.
15.4. If the goods value falls below the threshold for the minimum order surcharge due to a full or partial return initiated by the customer after conclusion of the contract, we are entitled to charge the minimum order surcharge retrospectively. This shall not apply in cases of justified warranty claims or rescissions for which we are responsible.
Duty to Inspect and Give Notice of Defects
16.1. If the purchase is a commercial transaction for both contracting parties, the buyer shall inspect the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, shall notify the seller without undue delay.
16.2. If the buyer fails to give notice, the goods shall be deemed approved, unless the defect was not recognizable during the inspection.
16.3. If such a defect becomes apparent later, notice must be given immediately after discovery; otherwise, the goods shall also be deemed approved with regard to this defect.
16.4. If we have fraudulently concealed the defect, we may not rely on these provisions.
Warranty / Limitation Period
17.1. In principle, the statutory warranty rights shall apply unless otherwise provided.
17.2. If the delivered item does not have the agreed quality between the customer and us, or is not suitable for the use assumed under our contract, or is not suitable for ordinary use and does not have a quality that is usual for items of the same kind and that the customer can expect according to the type of item, or does not have the characteristics that the customer could expect based on our public statements, we shall be obliged to provide subsequent performance.
17.3. Subsequent performance for entrepreneurs shall be effected at our discretion either by remedying the defect (repair) or delivering new goods; for consumers, at their option.
17.4. We may refuse subsequent performance without prejudice to Section 275 para. 2 and 3 BGB if it is only possible at disproportionate cost.
17.5. Customers may only assert claims for damages due to a defect if subsequent performance has failed. Their right to assert further claims for damages in accordance with the section “Liability” shall remain unaffected.
17.6. For consumers, the limitation period for new goods is two years from delivery to the customer; for used goods, one year from delivery. This shall not apply to claims for damages and reimbursement of expenses due to defects in accordance with the section “Liability”.
17.7. For entrepreneurs, the limitation period for new goods is one year from transfer of risk; for used goods, warranty is excluded. This shall not apply to claims for damages and reimbursement of expenses due to defects in accordance with the section “Liability”. The limitation period shall also remain unaffected in the event of supplier recourse under Sections 478, 479 BGB; it shall be five years from delivery of the defective item.
Terms of Payment
18.1. Unless otherwise agreed, we deliver against advance payment.
18.2. Unless otherwise agreed, our invoices are payable without deduction no later than 3 days after receipt of the goods.
Retention of Title
19.1. The object of the contract shall remain our property until full payment has been made.
19.2. In the case of merchants, the goods shall remain our property until all claims arising from the business relationship have been paid in full. We undertake to release the securities to which we are entitled at the customer’s request insofar as the realizable value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released shall be incumbent upon us.
19.3. Customers shall be entitled to resell goods subject to retention of title. The customer hereby already assigns to us all claims arising from the resale of the delivered goods subject to retention of title in the amount of the final invoice amount (including VAT) of our claims, including all ancillary rights, with priority over their other claims, which accrue to them from the resale to the purchaser or third parties. This shall apply regardless of whether the delivered goods have been resold without processing or after processing or mixing or blending. We accept the assignments.
After the assignment, the customer shall remain entitled to collect the claim notwithstanding our own authority to collect the claim.
However, we undertake not to collect the claim ourselves as long as the customer duly meets their payment obligations and is not in default of payment and, in particular, no application has been filed for the opening of insolvency or composition proceedings over their assets.
If this is the case, however, we may require the customer to inform us of the assigned claims and their debtors and to hand over all documents necessary for collection and to notify the debtors or third parties of the assignment.
19.4. The processing and treatment of goods subject to retention of title or goods in which we hold a security interest by the customer shall always be carried out in our name and on our behalf, without any obligations arising for us therefrom.
If processing is carried out with items not belonging to the customer, we shall acquire co-ownership of the new item in the ratio of the value of the goods supplied by us (final invoice amount plus VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered subject to retention of title. This shall also apply if the customer acquires sole ownership through activities referred to in sentence 2. Custody for us shall be free of charge.
If the purchased item is inseparably mixed with other movable items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods supplied by us (final invoice amount plus VAT) to the other mixed items at the time of mixing. If the mixing is carried out in such a way that the customer’s item is to be regarded as the principal item, it is agreed that the customer shall transfer proportional co-ownership to us. The customer shall keep the resulting sole ownership or co-ownership in safe custody for us free of charge.
Model Withdrawal Form
To
Werkzeuggigant
Hahnenpatt 15a
46399 Bocholt
Fax: +49 (0) 2874-9017161
E-mail: info@werkzeuggigant.com
I/We hereby withdraw from the contract concluded by me/us for the purchase of the following goods:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
Date: