General Business Terms
between
weissfee gmbh
Forststraße 7
07919 Mühltroff
Tel.: +49 (0) 3 66 45/30 40
Fax.: +49 (0) 3 66 45/30 414
E-Mail: mail@weissfee.com
VAT-ID-No.: DE 150515255
Reg-No.: Chemnitz HRB 7312
CEO: Heike Peter
hereinafter “weissfee”
and
the customer described in Subclause 1.2 of the General Business Terms
hereinafter “Customer”
1. Scope and contractual partners
1.1 Scope
These General Business Terms (abbreviation in German: “AGB”) shall apply to all business relationships between the Customer and weissfee in their version which is valid at the time of the order for deliveries of all kinds, which weissfee provides towards its Customer insofar as no contradictory written agreements are reached in a purchase or other contract concluded between weissfee and the Customer. Legally relevant declarations and notifications of the Customer after conclusion of the contract (e.g. setting of deadlines, reports of defects, declaration of cancellation or reduction), require a written form in order to be valid.
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1.2 Contractual partners
The offer of weissfee is oriented to consumers and entrepreneurs. Consumers are according to § 13 BGB [Civil Code] natural persons, who conclude a legal transaction for a purpose, which can neither be attributed to their commercial nor their self-employed professional activity (“private purpose”). Entrepreneurs are according to § 14 BGB natural persons or legal entities or partnerships with legal capacity, who or which act upon conclusion of a legal transaction while performing their commercial or independent professional activity.
In our online shop we only sell to consumers. By its legal definition, consumer means any individual who enters into a legal transaction for purposes which can predominantly be attributed neither to his/her commercial nor his/her independent occupational activity. If you wish to buy our goods for commercial purposes, especially for resale, please contact us specifically.
2. Conclusion of the contract
All offers of weissfee are without obligation.
2.1. For purchase contracts via the Online-Shop www.boutique.weissfee.com or by e-mail
The offer of weissfee in the Internet under www.weissfeeboutique.com does not yet represent an offer for conclusion of a purchase contract, but merely an invitation to submit such an offer. In case of orders via www.weissfeeboutique.com the Customer shall only submit an offer for conclusion of a purchase contract with weissfee when it sends the fully completed order form via the button “Place order”. After receipt of this offer the Customer shall receive an electronic confirmation from weissfee about the receipt of the order, in which the data and the articles ordered by the Customer are listed once again. This electronic confirmation does not yet represent an acceptance of the offer by weissfee. With this weissfee merely satisfies its statutory obligations according to § 312i Par. 1 S. 1 No. 3 BGB. The purchase contract between the Customer and weissfee shall only be concluded with the despatch of an order confirmation or the delivery of the goods.
In case of orders by e-mail the Customer submits an offer for conclusion of a purchase contract with weissfee with the sending of an e-mail to weissfee. After processing of this offer the Customer shall receive from weissfee an electronic order confirmation of the order, in which the data and the articles ordered by the Customer are listed. The contract shall be concluded between weissfee and the Customer with the receipt of this order confirmation.
2.2. For purchase contracts in distance selling by telephone, by letter or fax
The order of the Customer by telephone represents an offer for conclusion of a purchase contract with weissfee. Within the framework of the telephone call weissfee confirms this order for the Customer. This confirmation does not yet represent any acceptance of the contract. In case of orders by letter or fax the Customer submits an offer for conclusion of a purchase contract with weissfee with the sending of this letter or fax to weissfee. After the processing of the offer received by telephone, by letter or by fax the Customer shall receive a written order confirmation from weissfee, in which the data and the articles ordered by the Customer are listed. The contract shall be concluded between weissfee and the Customer with the receipt of this order confirmation.
2.3. The wording of the contract
weissfee saves the wording of the contract and sends it to the customer after receipt of the order by e-mail, where applicable by letter or fax, including the order details, the general business terms and the model withdrawal form. The customer can print this e-mail with the aforementioned attachments. Otherwise, the wording of the contract is no longer accessible to the customer.
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3. Right of withdrawal, information on the right of withdrawal and model withdrawal form:
3.1 Information on the right of withdrawal
Information on the right of withdrawal:
The right of withdrawal shall only apply to consumers within the meaning of § 13 BGB:
Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us, weissfee gmbh, Forststrasse 7, 07919 Mühltroff, Deutschland, Tel. +49 (36645) 3040, Fax: +49 (36645) 30414, E-Mail: info@weissfe.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
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Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, weissfee gmbh, Forststrasse 7, 07919 Mühltroff, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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3.2 Exceptions from the right of withdrawal:
The right of withdrawal shall not exist for the supply of goods which are not prefabricated and which are made to the consumer's specifications or clearly personalised.
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3.3 Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To:
weissfee gmbh
Forststrasse 7
D-07919 Mühltroff, Germany
Fax: +49 (0)36645 30414
Email: info@weissfee.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Ordered on (*)/received on (*)
________________________________________________________________________
Name of consumer(s)
________________________________________________________________________
Address of consumer(s),
________________________________________________________________________
________________________________________________________________________
__________________________ _______________________________
Date Signature of consumer(s)
(only if this form is notified on paper)
(*) Delete as appropriate
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4. Delivery date, terms of delivery and shipping cost
4.1 Delivery date:
weissfee send goods which can be delivered immediately within five (5) workdays after you placed the order to the address stated by you. Should it not be possible to ad-here to the expected delivery date weissfee shall inform you hereof and notify you of the new delivery date.
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4.2 Terms of delivery:
The delivery is as a rule carried out by DPD and DHL. weissfee is entitled to also carry out the order in partial deliveries. weissfee reserves the right to not carry out the order if the ordered goods are not available or not in time. In this case weissfee shall inform you immediately and reimburse a possibly already made payment.
4.3 Shipping costs:
The shipping costs depend on the country of delivery and are published on our website. They will also be displayed during the check-out process before you place the order.
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5. Prices
The prices which are stated on the website www.weissfeeboutique.com at the time the order is placed, plus the applicable shipping cost for the selected destination country apply. The prices include, within the EU, according to EU regulations, the applicable rate of value added tax. For deliveries to other countries, the costs for customs clearance, customs duties and, where applicable, local taxes will be invoiced separately at the destination.
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6. Payment methods:
weissfee offers payment by credit card (VISA, MasterCard, American Express), and by PayPal.
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7. Rights to offset or of retention
The Customer shall only be entitled to rights to offset or of retention insofar as his claim has been declared final and binding or is undisputed or the Customer asserts reports of defects or counter-claims from the same purchase contract. The Customer may only exercise his right of retention if his counter-claim is based on the same purchase contract.
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8. Warranty
weissfee assumes the warranty within the framework of the statutory regulations. Each defect is to be reported immediately. In the event of warranty weissfee reserves the right to either replace or repair goods, which prove to be faulty. Should these measures have failed twice the customer has the right to partial refund of the purchase price paid or return of the contract.
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9. Product presentations and guarantees
The product presentations on the website can deviate in colour and impression from the actual articles. References to the products do not represent any guarantee. An additional guarantee only exists with the goods delivered by weissfee if this was explicitly stated on the website for the respective article
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10. Liability
The liability of weissfee is oriented to the following provisions:
10.1. Unless provided otherwise below, we are liable for damages in accordance with the statutory provisions.
10.2.In case of breaches of duty, no matter on what legal ground, we shall be liable for intent and gross negligence. In case of simple negligence, we are liable only:
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for damages from injury to life, body or health; and
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for damages from the violation of a material contractual obligation (an obligation the fulfilment of which facilitates the proper performance of the contract in the first place and on the fulfilment of which the contractual partner regularly relies and may rely); in that case, however, the liability is limited to reimbursement of the foreseeable, typically occurring damage.
10.3.The above limitations on liability apply also to breaches of duty by persons for whose fault we are responsible in accordance with the statutory provisions. Claims based on the Product Liability Act remain unaffected in all cases.
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11. Data protection
weissfee collects, processes and uses the personal data according to and in line with the European General Data Protection Regulation (GDPR).
The complete privacy policy can be called on www.weissfeeboutique.com under the heading “Privacy policy” or are available through the weissfee customer service.
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12. Statute-of-limitations
Possible claims for damages against weissfee, with the exception of claims for damages from illicit act, shall become statute-barred according to the statutory regulations, by no later however than after two years from the provision of the service, upon which the claim is based.
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13. Reservation of title
Until the full payment the goods shall remain the property of weissfee. The Customer undertakes to inform weissfee of all accesses of third parties to the goods which are subject to the reservation of title (reserved goods), in particular of enforcement measures or other seizures and of all damages suffered to the reserved goods immediately. Insofar as the goods are delivered to a country, in which the afore-mentioned reservation of title is not effective in full the Customer undertakes to procure an equivalent security for weissfee.
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14. Assignment
The Customer is only entitled to assign the rights from the contract with the prior consent of weissfee – with the exception of payment claims. The consent may only be refused for an important reason.
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15. Liability for Content
We make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these Web pages.
According to §§8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.
Liability for Links
Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers.
At the time third-party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.
16. Copyrights
The content and works provided on these Web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.
17. Data Protection
Please be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.
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18. Place of performance
The place of performance is Pausa-Mühltroff.
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19. Severability
Should one or several provisions of the contract or these terms and conditions be or become invalid or unenforceable or be replaced by respective national law this shall have no effect on the validity of the remaining provisions.
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20. Choice of law and place of jurisdiction
20.1These Terms and the contractual relationship with you are governed by the laws of the Federal Republic of Germany to the exclusion of the substantive uniform law, above all the UN Convention on Contracts for the International Sale of Goods. The statutory provisions to limit the choice of law and to apply mandatory provisions particularly of the state in which you as the consumer have your habitual residence remain unaffected.
20.2As for the place of jurisdiction, the statutory provisions apply.
May 2019