General terms and conditions for consumers as end customers
Here are our general terms and conditions for consumers.
All information at a glance
§ 1 General - Scope
(1) The Heinrich Woerner GmbH (hereafter referred to as WOERNER) will offer and fulfill services only on the basis of its general terms and conditions. These contractual terms only apply to consumers according to §13 of the German BGB. Separate contractual terms apply to commercial customers and freelancers. (click here) (2) All agreements between WOERNER and the customer that are substantial for the fulfillment of the contract have been documented in writing in the aforementioned contract.
§ 2 Offer
(1) Adverts, catalogues and especially the depiction of articles in the online shop are not a binding offer for the sale of the goods by WOERNER. (2) The customer can order via telephone, in writing, fax, e-mail or using the integrated online order form on the web shop. In case of an order via the online order form and after having entered his or her personal data and by clicking the button "Buy" at the end of the order transaction the customer places a binding order to purchase the goods in the shopping basket. (3) WOERNER can accept the customer order via a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by immediate delivery of the ordered goods. Only then does the purchase agreement come into effect. WOERNER reserves the right to decline the order. This also applies, if a product ordered by the customer is not available despite arrangement by WOERNER for reasons beyond our control. (4) The order process and communication will normally be conducted via e-mail and the automatic order process. It is the customer's responsibility to ensure the accuracy of the given e-mail address during the order process so that the customer may correctly receive the e-mails sent by WOERNER to that address. When using SPAM filters, the customer has to ensure that the e-mails from the seller or any seller-appointed third-party can be delivered to the customer. (5) In countries outside of Germany, Austria, Great Britain, Spain or France we only accept orders in excess of a minimum order value of 100 EUR net. (6) For small orders below a net order value of EUR 30, we shall invoice an additional handling fee of EUR 6.
§ 3 Delivery
(1) If not otherwise stated, the delivery dates are not binding. The customers can see the availability of goods in the web shop for all online orders. (2) The fulfillment of the delivery requires the timely and correct fulfillment of the customer's obligations. WOERNER reserves the right to object regarding an unfulfilled contract. (3) If the customer defaults in taking delivery 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. (4) As far as the requirements of paragraph 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. (5) 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.
§ 4 Right to withdrawal
(1) Customers, who are consumers defined in the German BGB § 13, are allowed to withdraw their order within two weeks without giving any reasons or by returning the ordered goods. The withdrawal must be made in an unambiguous statement, which expresses the will to withdraw from the contract. The withdrawal is not restricted to a specific form and can be made by mail, fax, e-mail or by phone. The period commences on receipt of these regulations in writing at the earliest.
Sending the withdrawal or the goods within the time limit shall be sufficient for compliance. Please send the withdrawal notice to:
Heinrich Woerner GmbH
Int. Freephone: (00 8001) 9637 637
Fax (00 8001) 9737 737
(2) Exceptions from right to withdrawal: The right to withdrawal does not apply when an article has been custom-fitted to suit the wishes of the customer.
(3) Consequences of withdrawal: 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 return the received goods in total or in parts or only in a worsened condition, he is obliged to pay a value compensation. 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. In all other respects the customer can avoid the obligation for value compensation, if he does not use the goods as their own property and if he avoids everything, which impairs their value. The customer assumes the costs of the return for the delivery of goods if the delivered goods correspond to the order. Otherwise, the return shipment for the customer is free. Non-shippable goods will be collected.
The withdrawal can be made by using this form. However, it is not mandatory to use it.
§ 5 Prices and payment terms
(1) The given prices are final prices, i.e. they contain all price components, including the German value added tax. The prices are valid as of order date. This applies particularly to special offers, with a clear indication of the period of validity. Any additional delivery and shipping costs are provided separately in the offer in the respective product presentation. (2) Unless specified otherwise in our order confirmation, the purchase price (without discount) is payable within 14 days starting with the invoice date. WOERNER reserves the right to include cheques or bills. (3) 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, if nothing else has been agreed upon. (4) If the customer does not pay due invoices, misses an acknowledged payment date, or when the financial circumstances of the customer should deteriorate following the formation of the contract or when WOERNER should receive unfavourable information which call into question the solvency or creditworthiness of the customer WOERNER shall be entitled without prejudice to further rights to stop any services and demand advance payment. This is especially applicable when the customer has applied for the opening of insolvency proceedings. (5) 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 WOERNER. The customer may only assert a right of retention on the grounds of counterclaims from the same contract. (6) The customer is in default of payment without notice from WOERNER 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. (7) The customer shall also bear the delivery costs, if nothing else has been specified. The delivery costs sorted by country can be found in our web shop at: "Our delivery countries" All deliveres outside of Germany may involve other additional costs, for example customs duties, import/export charges etc., which are to be paid by the customer. (8) 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. (9) Payment via credit card The credit card will be charged after the order has been fulfilled.
§ 6 Reservation of ownership
WOERNER reserves the right of ownership of the goods until receipt of all payments.
§ 7 Duty to report defects
The customer will check the delivered goods for obvious shipping damage and needs to report it to the delivery company and inform WOERNER about it. If the customer does not follow this procedure, it will not have any negative effect on his statutory or contractual rights regarding claims regarding warranty or defects.
§ 8 Warranty rights
If there is a defect in the purchased good, the statutory guidelines apply with the following limitations: (1) If the supplementary performance towards replacement of goods took place, the customer is liable to send back the item which was delivered earlier at their cost within 30 days. The return delivery of the defective goods shall take place as per statutory guidelines. (2) In case of a supplementary performance the customer may request the remedy of the defect or the deliver of a non-defective good. WOERNER may refuse the method of supplementary performance if it is only possible with disproportionate costs. The following factors will be considered: the value of the good in flawless condition, the importance of the defect and whether another type of supplementary performance will not create a significant disadvantage to the customer. The customer only has the remaining method of supplementary performance, which can be denied in some cases due to disproportionate costs. If the supplementary performance fails, the customer may withdraw from purchase payment or reduce the purchase price. If the customer withdraws from the purchase agreement, he must return the defective good and compensate for the value loss through use according to § 346 BGB. To determine the compensation, the linear reduction in value over time, determined from the length of the actual duration of use and the length of the foreseeable total period of use. (3) Claims for defects are not valid for: - Defects on custom orders, if they are based on specifications from the customer. - Defects caused by wear and tear or improper handling. - industry-standard, technically inherent deviations in dimensions, form, non-repairable colour variations due to material characteristics and non-matching colours in different articles of the same type. (4) The customer is obliged to make warranty claims with the help of damage forms from WOERNER, if they were part of the delivery.
§ 9 Responsibility for defects
(1) WOERNER shall only be liable for any damage caused by it or by any of its vicarious agents through gross negligence defined by the statutory guidelines. 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 of material contractual duties. (2) 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. (3) The regulations from the paragraphs one to two 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.
§ 10 Miscellaenous
The laws of the Federal Republic of Germany apply, UN commercial law is not applicable.
Data protection note - Conversion Tracking
We use the online ad program "Google AdWords" and the conversion tracking as part of Google AdWords. The conversion tracking cookie is set when a user clicks on an ad delivered by Google. These cookies expire after 30 days and are not used to identify any individuals. If this cookie has not yet expired when the user visits certain web pages of the AdWords customer, Google and the advertiser will be able to tell that the user clicked the ad and proceeded to that page. Each advertiser gets a different cookie. Cookies cannot be tracked across websites of AdWords customers. The information gathered by the conversion cookies are used to create conversion metrics for AdWords customers that have opted in to conversion tracking. The advertisers are informed about the total number of users who have clicked on their ad and were forwarded to a conversion tracking tag page. They do not receive any information that would allow them to identify individual users. More information on "Data protection" for the online ad program Google AdWords can be found here.