General Terms and Conditions

Here you can find our general terms and conditions towards business and private customers.

General Terms and Conditions vis-à-vis consumers as end customers



All information at a glance


§ 1 General - Scope of application


(1) Heinrich Woerner GmbH (hereinafter referred to as WOERNER) offers and provides all services only on the basis of its general terms and conditions.

These contractual terms and conditions apply exclusively to consumers within the meaning of §13 BGB (German Civil Code). Separate contractual conditions apply to commercial customers or freelancers. (click here)

(2) All agreements made between WOERNER and the customer for the purpose of executing this contract are set down in writing in this contract.

§ 2 Offer


(1) Advertisements, catalogues and especially the presentation of the goods in the online shop do not constitute a binding offer for the sale of the goods by WOERNER.

(2) The customer may submit the offer by telephone, in writing, by fax, by e-mail or via the online order form integrated in the online shop. In case of an order via the online order form, the customer, after entering his personal data and by clicking the button "Buy" in the final step of the ordering process, submits a legally binding contract offer with regard to the goods contained in the shopping cart.

(3) WOERNER may accept the customer's offer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by immediate delivery of the goods. Only then the sales contract is concluded. WOERNER is entitled to refuse the acceptance of the order. This applies in particular if a product is unexpectedly not available despite timely disposition for reasons for which WOERNER is not responsible.

(4) Order processing and contacting usually take place via e-mail and automated order processing. The customer shall ensure that the e-mail address he/she has provided for order processing is correct, so that e-mails sent by WOERNER can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

(5) For the countries Germany, Austria, Switzerland or France, a small quantity surcharge of EUR 10 net shall apply for orders with a goods order value of less than EUR 30.00 net. For all other countries, a minimum quantity surcharge of EUR 15.00 net shall apply for orders with a goods order value of less than EUR 100 net.


§ 3 Delivery


(1) Unless expressly stated, delivery dates quoted are non-binding. In the case of online orders via the web shop by consumers, the availability of the goods is displayed in the web shop.

(2) Compliance with delivery obligations requires the timely and proper fulfilment of the customer's obligations. WOERNER reserves the right to plead non-performance of the contract.

(3) If the customer is in default of acceptance or culpably violates other duties to cooperate, WOERNER shall be entitled to claim compensation for the damage incurred in this respect, including any additional expenses. WOERNER reserves the right to assert further claims.

(4) If the conditions of paragraph three exist, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the time when the customer is in default of acceptance or debtor's delay.

(5) WOERNER is entitled to make partial deliveries as far as they are reasonable for the customer. These are independent services and can be invoiced independently.


§ 4 Right of withdrawal


(1) Customers who are consumers according to § 13 BGB (German Civil Code) may revoke their order within two weeks without giving reasons or by returning the goods. The revocation must be made by means of a clear declaration stating the decision to revoke the contract. The revocation is not bound to any particular form and can be made in particular by post, by fax, by e-mail or by telephone. The period shall commence at the earliest upon receipt of these instructions in text form.

The timely submission of the declaration of revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be sent to:


Heinrich Woerner GmbH,

Liebigstr. 37

74211 Leingarten

Tel. 07131 4064 0

fax 07131 4064 760

info[at]dekowoerner.de

(2) Exclusion from the right of withdrawal: The right of withdrawal for the buyer does not exist for goods that have been manufactured according to customer specifications.

(3) In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the customer cannot return the received performance in whole or in part or can only return it in a deteriorated condition, the customer must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a shop, for example. In all other respects, the customer can avoid the obligation to pay compensation by not using the goods as an owner would and by refraining from doing anything that would impair their value. The customer shall not incur any costs in the event of a return from a parcel goods delivery. In the case of bulky goods and forwarding agent shipments, return costs will be incurred in the amount of the valid General Terms and Conditions. Goods that cannot be sent by parcel post will be collected. The customer will not incur any costs for defective goods.

Please use our cancellation form.


§ 5 Prices and terms of payment


(1) The prices stated are final prices, i.e. they include all price components, including the statutory German value added tax. The prices at the time of the order apply. This also applies in particular to special offers, for which the period of validity is expressly indicated in the case of a time limit. Any additional delivery and shipping costs will be indicated separately in the respective product presentation in the offer.

(2) Unless otherwise stated in the order confirmation, the purchase price (without deduction) is due for payment within 14 days of the invoice date.

(3) For new customers as well as all orders via the online shop via internet and orders from abroad, the customer is obliged to pay in advance unless otherwise agreed. In this case WOERNER is obliged to dispatch the ordered goods within 14 days after receipt of payment, unless otherwise agreed.

(4) If the customer does not pay due invoices, exceeds a granted term of payment or if the financial circumstances of the customer deteriorate after conclusion of the contract or if WOERNER receives unfavourable information about the customer after conclusion of the contract which calls into question the solvency or creditworthiness of the customer, WOERNER shall be entitled to render further services only against advance payment. This shall apply in particular as soon as an application for the opening of insolvency proceedings is filed.

(5) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by WOERNER. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

(6) The customer shall be in default without further notice from WOERNER 14 days after the due date of payment. In the event of the existence of defects, the customer shall not be entitled to a right of retention insofar as this is not in reasonable proportion to the defects and the anticipated costs of subsequent performance.

(7) Unless otherwise agreed, the shipping costs shall also be borne by the customer. The shipping costs according to delivery countries can be found in the webshop under: "Our delivery countries".

For orders from outside the Federal Republic of Germany, any additional public costs such as customs duties, import/export duties, etc. shall also be borne by the customer.

(8) The EURO is specified as the currency for payment of the purchase price. All prices refer to EURO. A change in the currency parity for orders from abroad has no influence on the purchase price owed. The purchaser shall bear the currency risk in this respect.

(9) Payment by credit card. The credit card will be charged upon completion of the order.


§ 6 Retention of title


The goods remain the property of WOERNER until full payment has been received.


§ 7 Obligation to give notice of defects


The customer shall check the delivered goods for obvious transport damages and shall complain to the deliverer and inform WOERNER thereof. If the customer fails to do so, this shall have no negative effect on his statutory or contractual warranty and defect claims.


§ 8 Warranty rights


If there is a defect in the purchased item, the statutory provisions shall apply with the following restrictions:

(1) If the supplementary performance has been effected by way of a replacement delivery, the customer shall be obliged to return the goods first delivered to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with the statutory provisions.

(2) In terms of supplementary performance, the customer may first demand the removal of a defect or the delivery of a defect-free item. WOERNER may initially refuse the type of supplementary performance if it would involve disproportionately high costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question whether another type of supplementary performance would not result in a considerable disadvantage for the buyer shall be taken into account. In this case, the buyer's claim is limited to the remaining type of supplementary performance, which may be refused in appropriate cases due to disproportionate costs. If the supplementary performance has failed, the buyer may withdraw from the purchase price or reduce the purchase price. In the event of withdrawal from the purchase contract, the buyer must return the defective item and pay compensation for the use made of it in accordance with § 346 BGB. This is determined by the pro rata temporis linear reduction in value in comparison between the actual period of use and the expected total period of use.

(3) Claims for defects do not exist for:

- Defects in custom-made products which are based on the purchaser's design specifications.

- Damage due to normal wear and tear or improper handling.

- deviations in dimensions, shape, irremediable material-related colour deviations that are customary in the industry and are based on technology, and for colours that do not match exactly in the case of several items of the same type.

(4) The customer undertakes to assert his warranty claims for mail order purchases via WOERNER's claim forms, provided they are enclosed with the shipment.

§ 9 Liability for defects


(1) WOERNER shall be liable for intent and gross negligence of a representative or vicarious agent according to the statutory provisions. Apart from that WOERNER shall only be liable according to the Product Liability Act, for injury to life, body or health or for culpable violation of essential contractual obligations.

(2) Damages resulting from the breach of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract, unless the breach was caused intentionally or by gross negligence. Damages to other legal assets of the customer are excluded entirely if they are not based on intent or gross negligence or injury to life, body or health.

(3) The provisions of paragraphs one to two extend to damages in addition to performance and damages in lieu of performance, irrespective of the legal grounds, in particular also from claims in tort. They also apply to the claim for reimbursement of futile expenses.


§ 10 Miscellaneous


The law of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods shall not apply.


Data protection notice - Conversion Tracking


We use the online advertising programme "Google AdWords" and, within the framework of Google AdWords, conversion tracking. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the AdWords customer's website and the cookie has not yet expired, Google and the customer can recognise that the user clicked on the ad and was redirected to this page. Each customer receives a different cookie. Cookies cannot therefore be tracked across AdWords customers' websites.

 

The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that personally identifies users.

 

If you would like to deactivate conversion tracking cookies, you can set your browser to block cookies from the domain "googleadservices.com".

Further information on the topic of "data protection" within the framework of the online advertising programme Google AdWords can be found here.

General terms and conditions towards business customers and freelancers


All information at a glance


§ 1 General - Scope


(1) Heinrich Woerner GmbH (hereinafter referred to as WOERNER) offers and renders all services only on the basis of its general terms and conditions. These contractual terms and conditions shall apply exclusively to entrepreneurs within the meaning of §14 BGB (German Civil Code). Separate contractual conditions apply to consumers. (click here)

(2) All agreements made between WOERNER and the customer for the purpose of executing this contract are set out in writing in this contract.

(3) The terms and conditions of the contract shall apply exclusively; terms and conditions of the customer that conflict with or deviate from the terms and conditions of the contract shall not be recognized unless WOERNER expressly agrees to their validity. The contractual terms and conditions shall also apply if WOERNER carries out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer. The contractual conditions shall also apply to future transactions with the customer, even if they have not been explicitly included again in such transactions.


§ 2 Offer


(1) Advertisements, catalogs and especially the presentation of the goods in the online store do not constitute a binding offer for the sale of the goods by WOERNER.

(2) The customer may submit the offer by telephone, in writing, by fax, by e-mail or via the online order form integrated in the online store. In case of an order via the online order form, the customer, after entering his personal data and by clicking the button "Buy" in the final step of the ordering process, submits a legally binding contract offer with regard to the goods contained in the shopping cart.

(3) WOERNER can accept the customer's offer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by immediate delivery of the goods. Only by this the sales contract is concluded. WOERNER is entitled to refuse the acceptance of the order. This applies in particular if a product is not available despite timely disposition for reasons beyond WOERNER's control.

(4) Order processing and contacting usually take place via e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by WOERNER can be received under this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

(5) For the countries Germany, Austria, Switzerland or France, a small quantity surcharge of EUR 10 net shall apply for orders with a goods order value of less than EUR 30.00 net. For all other countries, a minimum quantity surcharge of EUR 15.00 net shall apply for orders with a goods order value of less than EUR 100 net.


§ 3 Place of performance/transfer of risk


(1) The place of performance for the mutual performance obligations shall be the branch office of WOERNER.

(2) The risk of accidental loss of the goods shall pass to the customer upon handover to the carrier. WOERNER shall insure the goods at the customer's expense against the usual transport damages at the customer's request.


§ 4 Delivery


(1) Unless expressly stated, delivery dates quoted are non-binding.

(2) Compliance with delivery obligations shall be subject to the timely and proper fulfillment of the customer's obligations. WOERNER reserves the right to plead non-performance of the contract.

(3) If the customer is in default of acceptance or culpably violates other obligations to cooperate, WOERNER shall be entitled to claim compensation for the damage incurred in this respect, including any additional expenses. WOERNER reserves the right to assert further claims.

(4) If the conditions of paragraph three exist, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the time the customer is in default of acceptance or debtor's delay.

(5) WOERNER is entitled to make partial deliveries as far as they are reasonable for the customer. These are independent services and can be invoiced independently.


§ 5 Prices and terms of payment


(1)   The stated prices are net prices plus VAT and are valid "ex works". The costs for special packaging requests are to be borne by the customer.

(2) Unless otherwise stated in the order confirmation, the purchase price (without deduction) is due for payment within 14 days from the invoice date.

(3) For new customers and all orders via the online store via the Internet and orders from abroad, the customer is obliged to pay in advance unless otherwise agreed. In this case WOERNER is obliged to ship the ordered goods within 14 days after receipt of payment, unless otherwise agreed.

(4) If the customer does not pay due invoices, exceeds a granted term of payment or if the financial situation of the customer deteriorates after the conclusion of the contract or if WOERNER receives unfavorable information about the customer after the conclusion of the contract which calls into question the solvency or creditworthiness of the customer, WOERNER is entitled to provide further services only against advance payment. This applies in particular as soon as an application for the opening of insolvency proceedings is filed.

(5) The customer shall only be entitled to set-off rights if his counterclaims are legally established, undisputed or acknowledged by WOERNER. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

(6) The customer shall be in default without any further declaration by WOERNER 14 days after the due date of payment. In the event of the existence of defects, the customer shall not be entitled to a right of retention insofar as this is not in reasonable proportion to the defects and the anticipated costs of subsequent performance.

(7) Unless otherwise agreed, shipping costs shall also be borne by the customer. The shipping costs by delivery countries can be found in the webshop under: "Our delivery countries".

In the case of orders from outside the Federal Republic of Germany, any additional public costs such as customs duties, import/export duties, etc. shall also be borne by the Customer.

(8) The EURO shall be the currency for payment of the purchase price. All prices refer to EURO. A change in the currency parity for orders from abroad has no influence on the purchase price owed. The purchaser shall bear the currency risk in this respect.

(9) Payment by credit card. The credit card will be charged upon completion of the order.


§ 6 Retention of title

The goods remain the property of WOERNER until complete fulfillment of all claims WOERNER has against the customer arising from the business relationship.

In case of resale of the goods, the customer hereby assigns his claim from the resale against his buyer with all ancillary rights to WOERNER by way of security, without the need for any further separate declarations. However, the assignment shall only apply to the amount corresponding to the price of the goods invoiced by WOERNER. The part of the claim assigned to WOERNER shall be satisfied with priority.


§7 Obligation to give notice of defects


If the customer is a merchant according to § 1 HGB (German Commercial Code), claims for defects of the customer presuppose that the customer has duly fulfilled his obligations to examine the goods and to give notice of defects according to § 377 HGB. Any defects discovered must be reported in writing without delay.

A customer who is not a merchant according to § 1 HGB is obliged to notify WOERNER of a defect in writing within two months after the time at which he has discovered the defect. This provision does not constitute a preclusion period for the customer's rights in respect of defects.

If the shipment is at the risk of WOERNER, the customer is obliged to notify the carrier of obvious transport damages upon acceptance of the shipment. In the event of transport damage, the customer must also retain the original packaging and document any packaging defects, insofar as this does not represent an unreasonable effort. Insofar as WOERNER cannot assert claims for compensation against the carrier due to a breach of these obligations, the customer shall be liable for damages in the event of a culpable breach of these obligations.


§ 8 Warranty rights


(1) Claims for defects shall not exist in case of only insignificant deviations from the agreed quality or only insignificant impairment of usability.

(2) WOERNER shall be entitled to remedy the defect or to deliver a new item. In the event of rectification of the defect, WOERNER shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance.

(2)   If the supplementary performance finally fails or if it is not reasonable for the customer, the customer shall be entitled, at its option, to demand rescission or reduction in accordance with the statutory provisions.

(4) If the supplementary performance is carried out by way of a replacement delivery, the Customer shall be obliged to return the goods first delivered to the Seller within 30 days at the Seller's expense. The return of the defective goods shall be made in accordance with the statutory provisions.

(5) WOERNER may refuse subsequent performance if it would involve disproportionately high costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether another type of subsequent performance would not result in a significant disadvantage for the buyer shall be taken into account.

(6) Claims for defects do not exist for:

- Defects in custom-made products based on the Buyer's design specifications.

- Damage resulting from normal wear and tear or improper handling.

- technologically justified deviations in dimensions, form, material-related color deviations that cannot be remedied and for colors that do not match exactly in the case of several items of the same type that are customary in the industry.

(7) The customer undertakes to assert his warranty claims in the case of mail order purchases via WOERNER's claim forms, provided they are enclosed with the shipment.


§ 9 Liability for defects


(1) WOERNER is liable for intent and gross negligence of a representative or vicarious agent according to the legal regulations. Apart from that WOERNER shall only be liable according to the Product Liability Act, for injury to life, body or health or for culpable violation of essential contractual obligations.

(2) Damages due to gross negligence as well as the violation of essential contractual obligations, which have not been committed intentionally, are limited to the foreseeable damage typical for the contract, if no injury to life, body or health is given.

In the event of liability due to delay in performance, WOERNER's liability for damages in addition to performance shall be limited to 10% of the value of the order and for damages in lieu of performance to 50% of the value of the order.

In the event of liability due to impossibility of performance, the customer's claim for damages in addition to or in lieu of performance and for reimbursement of futile expenses shall be limited to 50 % of that part of the delivery which cannot be used due to the impossibility.

Damages to other legal assets of the customer shall be excluded entirely if they are not based on intent or gross negligence or injury to life, body or health.

(3) The provisions of paragraphs one to three shall apply to damages in addition to performance and damages in lieu of performance, irrespective of the legal grounds, in particular also to claims in tort. They also apply to the claim for compensation for futile expenses.


§10 Statute of Limitations


(1) Insofar as a new item is the object of delivery, the limitation period for claims for damages due to defects - irrespective of the legal grounds - shall be one year.

(2) The limitation periods according to paragraph one shall also apply to other claims for damages against WOERNER, irrespective of their legal basis. They shall also apply insofar as the claims are not related to a defect.

(3) The limitation rules of paragraphs one to two shall only apply subject to the following provisions:

(Instead, the statutory provisions shall apply)

a. The limitation periods shall generally not apply in the event of intent.

b. The limitation periods shall not apply if WOERNER has fraudulently concealed a defect.

c. The limitation periods shall not apply to claims for damages in cases of injury to life, limb, health or freedom, in the case of claims under the Product Liability Act, in the case of a grossly negligent breach of duty or in the case of culpable breach of essential contractual obligations.


§ 11 Copyrights/Competition Rights/Trademark Rights


(1) Insofar as the customer provides templates or design elements such as texts, photographs, data sets and graphics for the product design, or provides corresponding specifications for the product design, the customer assures that no copyright, trademark or other rights of third parties exist for these or that the necessary approvals have been obtained.

(2) In this respect WOERNER shall not be liable to the customer for the infringement of third party rights.

(3) The customer agrees to indemnify WOERNER from all claims of third parties, which arise against WOERNER due to a customer behavior contrary to paragraph 1.


§12 Miscellaneous


The law of the Federal Republic of Germany shall apply; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

If the customer is a merchant according to §1 HGB (German Commercial Code), the place of jurisdiction is WOERNER's place of business; however, WOERNER is entitled to sue the customer at the court of his place of residence.


Data protection notice - Conversion Tracking


We use the online advertising program "Google AdWords" and, as part of Google AdWords, conversion tracking. The cookie for conversion tracking is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the AdWords customer's website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page. Each customer receives a different cookie. Cookies can therefore not be tracked across AdWords customers' websites.

The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information that personally identifies users.

If you wish to disable conversion tracking cookies, you can set your browser to block cookies from the domain "googleadservices.com".

Further information on the topic of "data protection" within the framework of the online advertising program Google AdWords can be found here.