Terms and Conditions
Worring Leder GmbH, Lahnstraße 30, 45478 Mülheim an der Ruhr, legally represented by the managing director Per Worring.
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between us (Worring Leder GmbH (Imprint), Lahnstraße 30, 45478 Mühlheim an der Ruhr) and our customers. In addition to the provisions of these GTC, the statutory provisions apply.
(2) Any general terms and conditions of the customer are hereby rejected.
§ 2 Conclusion of Contract
(1) The presentation of goods in our online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) By clicking the "Order with obligation to pay" button in the last step of the ordering process, you submit a binding offer to purchase the goods displayed in the order summary. Immediately after sending the order, you will receive an order confirmation, which does not yet constitute acceptance of your contractual offer. A contract between you and us comes into existence as soon as we accept your order by a separate e-mail or dispatch the goods.
(3) For orders placed by e-mail or telephone based on a non-binding offer from us, your order constitutes a binding offer. The contract is only concluded when we expressly accept the order by sending an order confirmation by e-mail. Sending an order confirmation is generally not an declaration of acceptance, but solely for your information about the receipt of your order.
§ 3 Prices and Payment Terms
(1) The current prices stated on the internet pages of our online shop apply. These prices apply, unless otherwise agreed in individual cases, plus VAT.
(2) The customer has the following payment methods available: prepayment, PayPal or credit card.
(3) If the customer is in default of payment, the purchase price shall be subject to interest during the period of default at a rate of 5 percentage points above the base interest rate. We reserve the right to prove and claim higher damages caused by default.
§ 4 Delivery and Transfer of Risk
(1) Deliveries are generally at the customer's expense, unless otherwise agreed. An overview of shipping costs can be found here.
(2) The delivery time is approximately 5 working days, unless otherwise agreed. The delivery time begins upon conclusion of the contract.
(3) If the goods are not available at the time of order, we will inform the customer immediately. If the product is permanently unavailable, we will not accept the customer's contractual offer, so no contract will be concluded. If the goods are only temporarily unavailable, we will also inform the customer immediately.
(4) Our delivery times may be extended in the event of strikes and force majeure, for the duration of the delay. The same applies if the customer does not fulfil any cooperation duties.
(5) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover.
§ 5 Retention of Title
(1) We reserve title to the purchased and delivered goods until full payment of all current and future claims arising from the purchase contract.
(2) Insofar as the goods are processed or transformed by the customer before the transfer of ownership, we are considered the manufacturer within the meaning of § 950 BGB (German Civil Code) and acquire ownership of the intermediate or final products.
(3) Prior to the transfer of ownership, pledging, collateral assignment, processing or modification is not permitted without our consent.
(4) As long as ownership has not yet passed to him, the buyer is obliged to treat the purchased item with care. In particular, he is obliged to insure it at his own expense against theft, fire and water damage at its new value. In the event of damage, insurance claims take the place of the retained title.
(5) In the event of breach of contract by the customer, in particular non-payment of the due purchase price, we are entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the customer does not pay the purchase price, we may only assert these rights if we have previously unsuccessfully set the customer a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.
§ 6 Copyrights
We reserve proprietary and copyright rights to all documents provided to the customer in connection with the order, such as calculations, images, samples, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so.
§ 7 Right of Withdrawal/Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (Worring Leder GmbH, Lahnstraße 30, 45478 Mülheim an der Ruhr, Tel. No.: +4920869888436, E-mail: info@biothane-strap-shop.com) by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences 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 fourteen 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 no case will you 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 bear the costs of returning the goods if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros.
If the value is over 40.00 Euros, we reserve the right to have the package picked up by our shipping company DPD. If this is not possible, you have to bear the costs of returning the goods, even if the value of the goods to be returned is over 40.00 Euros. If you have to return the goods, you must send or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary to check their condition, properties and functionality.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To Worring Leder GmbH, Lahnstraße 30, 45478 Mülheim an der Ruhr, Tel. No.: +4920869888436, E-mail: info@biothane-strap-shop.com:
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date
______________________
(*) Delete as appropriate.
§ 8 Liability for Material Defects and Defects of Title
The statutory warranty rights apply to the items offered in our online shop.
§ 9 Exclusion of Liability
(1) We shall be liable to the customer according to the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, body and health, as well as in the event of intent and gross negligence, fraudulent concealment of a defect or a guarantee assumed by us, and according to the Product Liability Act.
(2) We shall also be liable for slightly negligent breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment enables the proper execution of the contract in the first place and on whose observance the customer regularly relies and may rely. In these cases, however, liability is limited to compensation for foreseeable, contract-typical damage.
(3) Otherwise, liability for damages and reimbursement of expenses – regardless of the legal reason – is excluded.
(4) The above provisions also apply in favour of our legal representatives and vicarious agents if claims are made directly against them.
§ 10 Place of Performance
Unless otherwise stated in the contract, our business location is the place of performance and payment.
§ 11 Choice of Law
The inclusion and interpretation of these GTC, as well as the conclusion and interpretation of legal transactions with the customer themselves, are governed exclusively by the law of the Federal Republic of Germany. This does not apply if specific consumer protection regulations in the customer's home country are more favourable. The application of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods, is excluded.
§ 12 Final Provision
Should any provision of these General Terms and Conditions be ineffective, the remainder of the contract shall remain valid. Instead of the ineffective provision, the relevant statutory provisions shall apply.