Version : 23.01.2011
Article 1 Scope & Exclusion Clause of Third Party General Terms and Conditions
(1) The legal relationships established via this online store between the store operator (hereinafter "supplier") and its customers are exclusively governed by the following general terms and conditions of sale, in their version valid at the time of ordering.
(2) Differing general terms and conditions of sale from the customer are not applicable. They become effective only if expressly confirmed in writing by the supplier.
Article 2 Contract Formation, Order Process, and Registration
(1) The presentation of goods in the online store does not constitute a binding offer by the supplier for the conclusion of a sales contract. It is solely intended to invite the customer to place an order.
(2) By validating their order in the online store, the customer makes a binding offer to conclude a sales contract for the goods contained in the shopping cart. By submitting their order, the customer also accepts these general terms and conditions of sale as the sole determinants for the legal relationship with the supplier.
(3) The supplier confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the supplier. It serves solely to inform the customer that the order has been received by the supplier. Acceptance of the contract offer is confirmed by delivery of the goods or by an express acceptance declaration.
(4) Simple Ordering Process and Correction Possibility
You find an offer on our website that suits you. The default quantity is 1. However, you can modify the number of items to order yourself. By clicking the "Add to Cart" button, you are not yet triggering an order. This simply adds the respective item to your cart.
You can now decide on the next steps by either proceeding to final purchase by clicking the "Checkout" button or by selecting other items from our offer and adding them to your cart as described above.
To do this, please click on the "Continue Shopping" button.
If you wish to purchase the item(s) placed in your cart and have clicked on the "Checkout" button. On this page, you can review the contents of your cart again, modify the quantity, or delete individual items using the small trash can icon next to the total of each item.
After each modification, we ask you to click on the "Update Cart" button so that your changes are accounted for.
If all the items you have selected and their quantities are correct, and you wish to proceed with the ordering process, please click on the "Proceed to Checkout" button.
You are now at the first step of the ordering process, namely your registration as a new customer or selection of the guest customer status.
If you choose to continue as a guest customer, please check the box next to this option using your mouse and click the "Next" button.
At step 2, please provide your billing address as well as your email address.
If the billing address is different from the shipping address, we also ask you to check the box next to "Ship to a different address."
At step 3, the shipping address is displayed again. If it is different from the billing address, you are prompted to enter the desired shipping address.
At step 4, the options for selecting the payment method are presented to you.
To do this, please check the box next to your choice using your mouse and click "Next."
At step 5, the shipping method and its cost are indicated to you. To continue, please click the "Continue" button.
Step 6 displays the order summary with the selections made in the previous steps. You can modify them again here by clicking the "Modify" button. If everything suits you, in the same window under T&C & right of withdrawal, please click on the T&C and on the right of withdrawal (in color) and read them. You can also save the T&C and the right of withdrawal or print them via your browser. If you agree to these, we ask you to check both of them using your mouse. By clicking on the "Order with obligation of payment" button, you place a firm order with us.
You will then receive a confirmation email from us at the email address you provided.
(5) Registration on our Website
When creating a customer account or registering an order, you will be asked to provide your personal data.
To submit your personal data, you must provide complete and accurate information about your details.
Furthermore, you agree to treat your personal access data and password confidentially and to protect them against access by unauthorized third parties.
Each customer can only have one customer account. If we detect multiple registrations, we reserve the right to delete each multiple registration or all registrations of a customer.
Furthermore, we reserve the right to take legal action in the event of illegal disruption of our website, as well as manipulations aimed at obtaining internal information or information about users, or any other harm to our website.
Holzkonzept Wegner does not guarantee permanent accessibility of the website or permanent availability of all services.
Article 3 Consumers generally have a right of withdrawal. For more information on the right of withdrawal, please refer to the information on the supplier's right of withdrawal.
Article 4 Reservation of Title
The delivered goods remain the property of the supplier until full payment has been received.
Article 5 Payments
(1) We offer the following payment methods:
Advance payment, PayPal, purchase on account, installment payment.
We reserve the right not to present all payment methods during orders or to offer other payment methods. There is no right to a specific payment method.
Article 6 Due Dates
If you choose advance payment or PayPal, the purchase price is due immediately.
If you opt for purchase on account, the payment period begins on the day of delivery, for which you will receive a separate information email.
Please note that if you purchase multiple items, the longest delivery time among the ordered items is taken into account, and all items are shipped together.
Payments and Shipping outside the European Union
We reserve the right to refuse payments outside the European Union after verification. We do not cover financial transaction fees or customs fees.
(2) In the case of purchase on account, the ordered goods are sent or delivered to the customer at the same time as the invoice. The purchase price is payable within 14 (fourteen) calendar days following the date of invoicing.
Article 7 Warranty
(1) The customer's warranty rights are governed by general legal provisions, unless otherwise stated below. The provisions of Article 7 of these T&Cs apply to customer claims for compensation against the supplier.
(2) The limitation period for the customer's warranty rights is 2 years for newly manufactured goods and 1 year for used goods. In relation to businesses, the limitation period is 1 year for newly manufactured goods and 6 months for used goods. The aforementioned reduction in limitation periods does not apply to claims for damages by the customer based on injury to life, limb, or health, or claims for damages based on a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract. The reduction in limitation periods.
The aforementioned reduction also does not apply to claims for damages based on intentional or grossly negligent breach of obligations by the supplier, its legal representatives, or its agents.
(3) No commercial warranty is provided by the supplier.
Article 8 Disclaimer
(1) Customer claims for damages are excluded, unless otherwise provided below. The aforementioned disclaimer clause also applies to the legal representatives and agents of the supplier if the customer asserts claims against them.
(2) The exclusion of liability defined in paragraph 1 does not apply to claims for damages for injury to life, limb, or health, and claims for damages for breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract. The exclusion of liability also does not apply to damages based on intentional or grossly negligent breach of obligations by the supplier, its legal representatives, or its agents.
(3) The provisions of the German Product Liability Act (ProdHaftG) remain applicable.
Article 9 Prohibition of Assignment and Pledge
The assignment or pledging of rights or claims belonging to the customer against the supplier is excluded, unless agreed upon in writing by the supplier. The supplier is only obliged to give consent if the customer proves that they have a legitimate interest in the assignment or pledge.
Article 10 Set-off
The customer is entitled to set-off only if their claim for set-off has been established by a final judgment or is undisputed.
Article 11 Choice of Law & Jurisdiction & Contract Language
(1) The law of the Federal Republic of Germany applies to the contractual relationships between the supplier and the customer. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
(2) The competent court for all disputes arising from the contractual relationship between the customer and the supplier is the registered office of the supplier (01662 Meissen), to the extent that the customer is a merchant, a legal entity under public law, or a special fund under public law.
(3) The language of the contract is German.
Article 12 Purchase on Account and Financing with Klarna
In collaboration with Klarna, we offer you the option of purchasing on account and financing through Klarna's installment payment service. When you pay with Klarna, you never have to provide your bank details and you only pay once you have received the goods.
For the Klarna Invoice and Klarna Installment Payments payment methods, delivery to an address different from the billing address is not possible. We appreciate your understanding.
Klarna Invoice
When you purchase on invoice with Klarna, you always receive the goods first and you always have a payment period of 14 days. For more information and to view Klarna's complete terms and conditions for purchasing on invoice, click here: Klarna Invoice Terms and Conditions
Klarna Installment Payments
With Klarna's installment payment financing service, you also receive the goods first. All your purchases are then consolidated on one invoice at the end of the following month. You can then pay this invoice in flexible installments, or you can pay the total amount at any time. You can find more information about Klarna's installment payment financing service here: Klarna Installment Payments Information. You can download the complete terms and conditions for Klarna's installment payments here: Klarna Installment Payments Terms and Conditions. Klarna verifies and evaluates consumer data and, if justified, exchanges data with other companies and credit agencies (credit assessment). If the consumer's solvency cannot be guaranteed, Klarna AB may refuse the customer Klarna's payment methods and must provide them with other payment options. Your personal data will be processed in accordance with data protection law and will not be passed on to third parties for advertising purposes. Click here to learn more about Klarna's privacy policy: Klarna Privacy Policy
For more information about Klarna, visit https://www.klarna.com/international/
Klarna AB, company registration number: 556737-0431
Article 13 Partial Invalidity
If any provision of these general terms and conditions is declared invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Source: Rechtsanwalt Kluge – Rechtsanwalt Arbeitsrecht Hannover
Out-of-Court Dispute Resolution in accordance with Article 14(1) of the ODR Regulation (Online Dispute Resolution for Consumer Disputes) and Article 36 of the German Consumer Dispute Resolution Act (VSBG):
The European Commission provides a platform for online dispute resolution (ODR) which you can access at https://ec.europa.eu/consumers/odr. Consumers have the opportunity to address [name, address, website of the conciliation body] for the resolution of their disputes. We are obliged to participate in dispute resolution procedures before this body. We will participate in such a procedure.