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Terms and Conditions

§ 1 General - Scope

The Heinrich Woerner GmbH (hereafter referred to as WOERNER) will offer and fulfil services only on the basis of its general terms and conditions. The terms and conditions apply universally, conflicting or otherwise diverging terms and conditions on the customer’s side are not recognised, unless explicitly stated by WOERNER. The terms and conditions also apply if WOERNER makes implicit deliveries to the customer despite being informed of conflicting or diverging terms and conditions on the customer’s side. All agreements between WOERNER and the customer for the fulfilment of the contract have been documented in writing in this contract. The terms and conditions also apply to all future business transactions
with the customer, even if they have not been explicitly agreed upon again.

§ 2 Offer

Advertising, catalogue information and especially the depiction of articles in the online shop are not a binding offer for the sale of the goods by WOERNER. Technical data, measurements and weights are estimations in line with industry standard. By submitting an order, the customer makes a binding offer to purchase the selected articles. The customer is bound to his/her offer for the duration of 14 days. The contract will take effect when WOERNER accepts the order. WOERNER reserves the right to make minor changes regarding measurements, weights, colours for similar articles that are comparable in terms of quality. The specified prices are ex factory, not including packaging. Packaging will be specified separately on the invoice. The customer has to bear the costs if special packaging is required. The customer shall also bear the delivery costs, if nothing else has been specified. WOERNER will always choose the most cost-effective delivery method, if nothing else has been specified.

Shipping costs Price per package:

All other countries based on expenses. Freight deliveries based on expenses. Island surcharges will be added charged separately. All deliveries outside of Germany may involve other additional costs, for example customs duties, import/export charges etc., which are to be paid by the customer. The currency for payments shall be the EURO. All prices are based on EURO. A change in the currency exchange rate regarding the EURO and another currency has no impact on the owed amount. The customer shall bear the exchange rate risk. In all countries besides Germany, Austria, Great Britain, Spain and France we only accept orders in excess of a minimum order value of EUR 100 net. For small orders below a net order value of EUR 30, we shall invoice an additional handling fee of EUR 6.

§ 3 Place of performance/Transfer of perils

Place of performance for all obligations regarding companies of § 14 BGB shall be the business location of WOERNER. For any order from a company under § 14 BGB the risks of an accidental loss of goods are transferred with the handover of the goods to the delivery company. WOERNER will insure the goods against the usual shipping damages on demand. The costs shall be paid by the customer.

§ 4 Delivery

If not otherwise stated, the delivery dates are not binding. When ordering online via the web shop we will state a binding delivery date for all customers under §13 BGB. The fulfilment of the delivery requires the timely and correct fulfilment of the customer’s obligations. WOERNER reserves the right to object regarding an unfulfilled contract. If the customer is in default of acceptance or breaches other obligations to co-operate, WOERNER shall be entitled to demand compensation for any damage that we suffer as a result of such conduct, including possible additional expenses. Further compensation is reserved. As far as the requirements of Para. 3 are met, the risk of accidental loss or accidental deterioration of the sales item shall pass to the customer at the point in time when the latter has defaulted in taking delivery or payment of debt. WOERNER reserves the right for partial deliveries, if that is within acceptable boundaries for the customer. These are separate services which can be invoiced separately.

§ 5 Cancellation

The customer can cancel the contract within the statutory rights if WOERNER is responsible for the violation of duties. In case of defects, the statutory rights apply.

§ 6 Right of withdrawal

1. Customers that fall under § 13 BGB are able to revoke their order within two weeks without giving reasons (for example via letter, fax, email) or through reconsignment of the goods. The period commences at the earliest on receipt of this instruction in writing. Sending the revocation or the goods within the time limit shall be sufficient to amount to compliance.

Please send the withdrawal notice to:
Heinrich Woerner GmbH
Liebigstr. 37, 74211 Leingarten
Fax 0180 59 87 87 7
e-mail: info@dekowoerner.de

2. Exemption from right to withdrawal. The right to withdrawal does not apply when an article has been customfitted to suit the wishes of the customer.

3. Consequences of cancelation
In the event of a valid revocation of this agreement each party shall return to the respective other party the goods and any benefits (for example interest) received. If the customer cannot refund the received goods totally or partly or only in worsened condition, he is obliged to pay a value replacement. This does not apply, if the degradation of the goods is based exclusively on their examination as it would have been possible for the customer for instance in a shop. Furthermore the customer can avoid paying the compensation for value depreciation, if he does not use the goods as the owner and if he avoids everything, which impairs their value. The customer has to bear the cost of the return, if the supplied goods correspond to the ordered goods. Otherwise the return of the goods is free for the customer. Goods which cannot be shipped as a postal package  will be picked up on location.

§ 7 Exchange and right of return.

Order without risk:
Beyond the statutory rights, we allow an unrestricted refund on all items in original packaging within 14 days of delivery without the obligation to state any reasons. Customised, custom-length items or items especially ordered for the customer are exempt, especially products that are not offered in our sales program (catalogues or leaflets). Articles with custom advertising are also exempt from exchange or return. For cut-to-length goods we will charge a maximum of 40% of the price. Sending the goods to us is sufficient to ensure the stipulated period. If
the customer cannot send the goods by mail, a return request sent in good time is sufficient.
We will charge a flat rate of EUR 6 per package and for freight deliveries EUR 25 within Germany, Austria and France, all other countries will be charged based on expenses. Unpaid shipments cannot be accepted.
Address:
Heinrich Woerner GmbH,
Liebigstr. 37, 74211 Leingarten
Order hotline:
Tel. +49 (0) 180 59 87 87 1
Fax +49 (0) 0180 59 87 87 7
www.dekowoerner.de

§ 8 Terms of payment

Unless specified otherwise in our order confirmation, our prices are net prices (without discount) and payable within 30 days starting with the invoice date. WOERNER reserves the right to include cheques or bills. Payments via bank collection authorisation by the customer are eligible for a trade discount of 4% (form at the end of the catalogue or on the Internet). For new customers all orders via the online shop and orders from outside of Germany are subject to advance payment. WOERNER will be obliged to deliver the ordered goods within 14 days starting with the receipt of payment date, if nothing else has been specified. If the customer is in default of payment or if circumstances are known or become evident which, on the basis of our dutiful commercial discretion, give rise to substantiated doubts about the customer’s creditworthiness – including facts that were already existent upon conclusion of the contract, but of which WOERNER was not aware or bound to be aware at that time or that became evident following conclusion of the contract – WOERNER shall be entitled without prejudice to further rights to stop processing ongoing orders or ongoing delivery and demand advance payment. This is especially applicable when the customer has applied for the opening of insolvency proceedings. The customer shall only be entitled to offsetting and retention rights if his counterclaims are established by court proceedings, are beyond controversy or recognised by us. The customer may only assert a right of retention on the grounds of counterclaims from the same contract. The customer is in default of payment if he does not pay within 14 days of the due date. In case of defects the customer only has a right of retention, if the proportion between the defects and the estimated cost for supplementary performance is reasonable.

§ 9 Reservation of title

WOERNER reserves the right of ownership of the goods until receipt of all payments. For customers, who do not fall under § 13 BGB, the reservation of title will be extended as follows: WOERNER reserves the right of ownership of the goods until receipt of all payments from the existing current business relationship with the customer. If the customer resells the goods, he shall assign to WOERNER all claims and related compensation against third-parties without prior notification. The transfer of this reservation is up to the amount, that has been specified by WOERNER in the invoice. The share of claim assigned to WOERNER has priority over any other claims. If the customer is in breach of his duties, in particular with respect to overdue payments, WOERNER is entitled, also without setting a time limit, to demand the handover or the cancellation of the contract.

§ 10 Obligation to report defects

(1) If the customer falls under the § 1 HGB, warranty claims asserted by the customer shall be subject to him having fulfilled the inspection and notification obligations properly in accordance with § 377 HGB. Known defects have to be reported in writing immediately.

(2) If the customer does not fall under § 1 HGB, he is obliged to report all defects to WOERNER within two months starting from the time he has detected the defect. This regulation does not constitute an exclusion of the customer’s right of complaint.

(3) If the delivery risk is on WOERNER then obvious damages in transit must be reported to the driver of the delivery company immediately.The customer must keep the original packaging and document existing packaging damages, if the effort is reasonable. If the claims for compensation from WOERNER against the delivery company could not be asserted because of a violation of the obligations, then the customer shall bear the cost of compensation.

§ 11 Warranty rights

If the customer falls under § 14 BGB the warranty claims do not exist if there are only immaterial discrepancies in the description and actual state or if there is only immaterial impairment on the usage. If the object of sale shows a fault and if the customer falls under § 13 BGB, he is entitled to a remedy of the defect or to receive a substitute delivery free from defects. If the customer does not fall under § 13 BGB, WOERNER can reserve the right to choose whether to remedy the defect or make a substitute delivery. If the defect is remedied, WOERNER shall be obliged to bear all the necessary costs for the remedying of the defect, in particular transport, labour and material costs, provided that such costs are not increased by the additional cost of taking the object of sale to another location other than the place of performance. If subsequent fulfilment fails or it is not reasonable for the customer, the customer shall be entitled at his own choice to demand either withdrawal from the contract or abatement of the purchase price within the statutory rights. The customer is obliged to make warranty claims with the help of damage forms from WOERNER, if they were part of the delivery.

§ 12 Responsibility for defects

WOERNER shall only be liable for any damage caused by it or by any of its vicarious agents through gross negligence defined by the law. Furthermore WOERNER will only be liable according to the product liability law of culpable violation of life, body and health or in the event of breach ofmaterial contractual duties. For customers who fall under § 14 BGB the following applies: The damage from a breach of material contractual duties will be limited to the typical, foreseeable damage, if it has not been done intentionally or as a result of gross negligence. Damages to legally protected interests of the customer are excluded, if these were not the result of intent or gross negligence or the culpable violation of life, body and health. For customers who fall under § 14 BGB the following applies:
A damage which resulted from serious negligence and the non-intentional violation of material contractual duties, is limited to the typical, foreseeable damage, if no culpable violation of life, body and health or in the event of breach of material contractual duties. The compensation for late delivery will be limited to 10% of the order value and the compensation for the delivery will be limited to 50 % of the order value. If it is not possible to deliver the goods or perform the services the right for compensation will be limited to 50% on the part that cannot be used due to the undelivered goods or services. Damages to legally protected interests of the customer are excluded, if these were not the result of intent or gross negligence or the culpable violation of life, body and health. The regulations from the paragraphs one to three are related to compensation in addition to the goods and compensation in place of the goods, regardless of the legal reasons, especially for claims from impermissible actions. They also apply to claims based on reimbursement of expenses incurred in vain.

§ 13 Limitation

If a new article is the delivered item, the period for limitation for claims based on defects is one year, regardless of the legal reason. The period for limitation for paragraph one also applies to other claims against WOERNER, regardless of the legal basis. They also apply if the claims are not related to a defect. For customers that do not fall under § 13 BGB, the granted warranty claims based on defects is one year. The limitation regulations of the paragraphs one to three only apply if the following is true:
The periods for limitation do not apply in case of intent. The periods of limitation do not apply, if WOERNER has maliciously concealed the defect. The periods for limitation do not apply for claims related to the violation of life, body and health, claims related to the product liability law, a violation of duties based on gross negligence or for culpable violation of material contractual duties.

§ 14 Copyright/Competition/Property rights

(1) If the customer supplies templates or design elements such as texts, photos, data and graphics for product design or specifies such elements during product design, the customer has ensured that no copyright, trademark or competition rights are being violated or that he has the necessary permissions to use said material.
(2) WOERNER does not compensate the violation of third-party claims.
(3) The customer has ensured that WOERNER is not liable for any thirdparty claims, that could arise because of the business relationship between WOERNER and the customer from paragraph 1.

§ 15 Place of jurisdiction - Place of performance

If the customer falls under §1 HGB the place of performance is also the place of jurisdiction. However WOERNER reserves the right to sue the customer at the court of his residence.
The laws of the Federal Republic of Germany apply, UN commercial law is not applicable.

Bank accounts of the Heinrich Woerner GmbH

for Great Britain:
The Royal Bank of Scotland
Sort Code: 160038; Account No.: 10257309
IBAN: GB10 RBOS 1600 3810 2573 09
BIC: RBOS GB 2L

for France:
Banque Populaire D’ALSACE;
compte courant N°: 70217266039
IBAN: FR76 1760 7000 0170 2172 6603 914
BIC: CCBPFRPPSTR

for Spain:
La Caixa, Madrid de la sociedad Heinrich Woerner en Espana:
Número de cuenta: 2100-0600-85-0700056896
IBAN: ES88 2100 0600 8507 0005 6896
BIC: CAIXESBB
for any other countries:
Kreissparkasse Heilbronn
Account no.: 23 00 12 693
Banking code: 620 500 00
IBAN: DE94 6205 0000 0230 00126 93
BIC: HEISDE66XXX

Data Protection Information - Conversion Tracking

We use the “Google AdWords” online advertising program and conversion tracking within the framework of AdWords. The cookie for conversion tracking is set when a user clicks on an ad placed by Google. These cookies become invalid after 30 days and are not used for personal identification purposes. If the user visits certain pages on the website of the AdWords customer and the cookie has not yet expired, Google and the customer can determine that the user has clicked on the ad and has been directed to this page. Each customer receives a different cookie. This means that cookies cannot be tracked using the websites of AdWords customers.

The information gathered with the help of the conversion cookie is used to produce conversion statistics for AdWords customers who have decided to use conversion tracking. The customers find out the total number of users who clicked on their ad and who were directed to a page with a conversion tracking tag. However, they do not receive information that could be used to personally identify users.

If you wish to disable cookies for conversion tracking, you can set your browser so that cookies from the “googleadservices.com” domain are blocked.

For further information about “data protection” as part of the Google AdWords online advertising program, see http://www.google.de/privacy_ads.html.