Terms and conditions

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Terms and Conditions and Information for Consumers

§ 1 General Regulations

1. The following terms and conditions are valid for all contracts between Rohrspatz und Wollmeise GmbH, Birkengrund 29, 85276 Pfaffenhofen, Germany – hereafter known as the supplier – and the customer, made on the supplier’s website www.rohrspatzundwollmeise.de. Unless otherwise agreed, the inclusion of the customer’s own conditions  will be excluded.

2. A consumer, in the sense of the following regulations, is any natural person who makes a contract for a purpose not attributed to his or her commercial or independent professional activities. The contractor is the natural or juristic person or a judicable private company which, in concluding a contract, acts in its independent professional or commercial activities.

3. The language of the contract is German. The complete text of the contract is not stored by the provider. Before despatching the order over the online shopping basket system the contract details may be printed out on the browser printer or stored electronically. When the provider has received the order, the order details, the compulsory legal information concerning distance selling and the terms and conditions will be sent to the customer once again by email.

§ 2  Object of the Contract

The object of the contract is the sale of goods. The details, especially the essential characteristics of the goods can be found in the description of the items and the additional specifications on the provider’s website.

§ 3  Conclusion of Contract

1. The products offered by the provider on the internet are non- binding but a binding offer to conclude a contract.
2. The consumer can only place a firm order via the online shopping basket system. Then items intended for purchase are placed in the shopping basket. Via the appropriate button in the navigation bar the customer can cal up the shopping basket and make changes at any time. After selecting “Payment” (Zur Kasse) and giving personal details and payment and delivery details all order details will once more be shown on the order overview page. Before sending off the order, the customer has the possibility of checking various details, of amending or breaking off the purchase by using the function “zurück/back” on the internet browser. As soon as the customer activates the payment system PayPal by clicking on the shop system’s integrated button he/she will be guided to the PayPal log-in page. After successfully logging in, the customer’s address and bank details as stored by PayPal will be shown. On sending the order via the button “zahlungspflichtig bestellen/order with payment” the customer makes a binding offer with the provider. The customer will then receive an automatic email concerning the receipt of his/her order which does lead to the conclusion of the contract.

3. If the customer does not receive any confirmation or message concerning delivery or does not receive any goods within 5 days he/she is no longer bound by the order. Any services already delivered will in this case be reimbursed immediately.

      (3.1) We reserve the right to refuse a contract; any services delivered will be reimbursed immediately.

 

4. The handling of the order and the transmission of all information in connection with the conclusion of the contract will follow by email, mostly automatically generated. The customer should therefore be sure that the email address given to the provider is correct and that reception of emails is technically possible and especially not prevented by Spam filters.

 

$ 4  Prices, Delivery Costs

1. The prices quoted in the various offers and in the delivery costs represent final prices in Euros. They contain all aspects of the price including all taxes arising. The delivery address determines the calculation of the VAT. With delivery to a non-EU country further customs duties, taxes or charges may have to be paid by the customer, not to the supplier, however, but to the relevant customs or tax authorities. The customer is advised to query these details with the customs or tax authorities before ordering.

2. Delivery costs arising are not included in the purchase price. They can be consulted on the page “Payment and Delivery/Zahlung und Versand” and will be referred to during the course of the ordering process. They are to be paid in addition by  the customer, unless delivery is stated to be cost free.
3. The customer will receive an invoice with VAT indicated.

$ 5 Payment and Delivery Conditions

1. Conditions for payment and delivery are found under the button of the same name (Zahlung und Versand) in the navigation bar.

2. Unless stated otherwise, the monies for the completed contract are due for payment  immediately.

3. Should a product ordered by the customer for unaccountable reasons not be available  despite provision of a timely covering transaction the customer will immediately be informed of its non-availability and in the event of a cancellation any payments already made will be reimbursed immediately.

4. It is the right of the consumer that liability for shortage or damage of the purchased item during delivery is accepted on delivery to the customer, independent of whether or not the delivery was insured or not.

5. Delivery costs are set out for consultation in the section Payment and Delivery/Zahlung und Versand

6. Shipment days are the five working days.

§ 6   Ordering Values

1. We have no minimum order value.
2. Maximum order value for goods is  € 800,00

§7   Delivery Time

1. The delivery times quoted on our page “Versand und Zahlung/Delivery and Payment” are valid. The delivery time does not include the time required by the service provider.

§8  Weight of Product

1. The weight of the skein can vary +/- 10%. Wool is a natural product and is subject to natural variations according to moisture content.

§9 Copyright

     (1) All our instructions, photos and texts are subject to copyright and may not be copied.

§ 10  Severability Clause

    (10.1) Should one or more points, or even part of a point of the Terms and Conditions for any reason become null and void the remaining points will remain  valid and effective.

§ 11 Right of Retention, Reservation of Ownership

1. Right of retention can only be claimed by the customer when it concerns claims pertaining to the same contractual relationship.
2.  The goods remain the property of the provider until payment of the purchase price in full has been completed.

§ 12 Warranty

1. Legal directives are valid.
2. The customer, as consumer, is requested to check the goods on receipt for completeness, evident defects and transport damage and to report any complaints to the supplier and carrier as soon as possible. In the case of transport damages the customer should refuse to accept the shipment. If this does not occur then the right to compensation becomes void.

§13 Liability

1. The provider has unlimited liability for damages, injury to health, life and limb, in all cases of premeditated and culpable negligence, fraudulent concealment of defect, undertaking of guarantee for the condition of the object for sale, for damages according to the product liability law and in all other legally regulated areas.
2. Liability within the framework of statutory liability is based on the corresponding regulation in our Information for Customers (Part II)
3. As far as contractual obligations are concerned our liability in the case of slight negligence on our part is limited to foreseeable damage typical of the contract. Material contractual obligations are such obligations which arise out of the nature of the contract, the breach of which would jeopardize the achievement of the contract, and obligations imposed on us by the contract in accordance with its contents for fulfilling the contract's purpose, the fulfillment of which is essential for due implementation of the contract and upon which the customer can generally rely.

4. When irrelevant contractual obligations are violated liability is excluded in the case of careless neglect of duties.

5. Given the present state of technology data communication on the internet cannot be without errors and cannot always be guaranteed. The provider is not liable either for the permanent or uninterrupted availability of the website or for the facilities it offers.

§14  Choice of Law, Place of Performance, Place of Jurisdiction

1. German Law applies. This choice of law applies so that the law of the state of the normal residence of the consumer does not deprive him of the principle of the benefit of the doubt. 
2. Place of performance for all services for existing business relations with the

   provider and place of jurisdiction is the provider’s location, in so far as the

   customer is not a consumer but a trader, a corporation of public institution or is

   under public law or extra wealth.

   The same is true if the consumer has no general place of jurisdiction in  

   Germany or the EU or if the residence or normal place of residence at the time a

   complaint was filed was unknown. The authority to call the court to another legal

   place of jurisdiction remains inviolate.

   3.  he provisions of the UN Sales Law are absolutely not to be applied.

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II  Customer Information

1. Vendor's Identity

            Rohrspatz und Wollmeise GmbH

            Birkengrund 29

            85276 Pfaffenhofen

            Germany

            Tel.: +49 (0)8441-8713105

            E-mail: info@rohrspatzundwollmeise.de

The European Commission provides a platform for out-of-court online-dispute settlement procedures (OS-Plattform), accessible at http://ec.europa.eu/odr

2. Information regarding the conclusion of the contract

The technical steps leading  to the conclusion of the contract, the conclusion of the contract itself and correction possibilities shall be in accordance with §3 of our General Terms and Conditions (Part I)

3. Language of the contract, contract text storage

The language of the contract is German.

The complete contract text will not be stored by us. Before placing the order via the online shopping basket system the contractual details can be printed out via the printer function of the browser or can be electronically secured. After we have received the order the order details, the statutory prescribed information relating to distance contracts and the GTC will be sent to you again by e-mail.

 

4. Essential characteristics of the goods or services

The essential characteristics of the goods or services will be found in the respective offer.

5. Prices and terms of payment

The prices indicated in the respective offer together with the shipping costs represent overall costs. They embody all components of the price including taxation.

The corresponding shipping costs are not included in the purchase price. They can be accessed by activating the appropriate button on our website or by viewing the respective offer. They will be indicated separately in the course of the ordering process and are to be borne by you in addition, unless free delivery is indicated.    

The various terms of payment are accessed by an appropriate button on our website or are stated in the respective offer.         

Unless stated otherwise in the individual terms of payment the payment claims arising out of the concluded contract are due for payment immediately.

6. Conditions of Sale          

The conditions of sale, the delivery date and any existing delivery restrictions can be accessed by an appropriate button on our website or in the respective offer.

It is regulated by law that, as far as you are a consumer the risk of accidental loss and accidental deterioration of the purchased goods while in transit only passes to you with the delivery of the goods regardless of whether the shipment is insured or uninsured. This will not apply if you employ a transport company not authorised by the supplier or if you have engaged some other person to carry out the delivery.

       7   Statutory warranty rights

We are entitled to the statutory warrants rights.

As consumer you are requested to inspect the goods immediately on delivery for completeness, evident defects and transit damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do this, this does not affect statutory rights.

 

These GTC and this customer information were drawn up by lawyers of the Händlerbund specialised in IT law and are constantly assessed as to conformation with the law. The    Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the case of monitions. Further information can be found at:

              http://www.haendlerbund.de/agb-service

last update: 28.09.2016

This is a free translation.The German language version of the Terms and Conditions is legally valid.