Terms and Conditions
Terms with customer information
(1.1) These terms and conditions of Tischlerei Weyrauch, apply to all contracts entered into by a consumer or entrepreneur with the seller, in terms of the seller, in its online store goods and / or services listed. Herewith the inclusion of the customer's own terms is contradicted, unless it is otherwise agreed.
(1.2) Within these Terms and Conditions shall mean any natural person who enters into a legal transaction for purposes that can be attributed mostly neither commercial nor its independent vocational activity. Entrepreneurs within the meaning of these terms is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
2. Offer and Conclusion
(2.1) The presentation of products in our online shop is not a legally binding offer, but a non-binding online catalog. " Complete Order " by clicking on the button, the customer is bound to the order for the goods contained in the basket. The confirmation of receipt of the order follows immediately after sending the order. The purchase comes with our separate order confirmation or delivery of the goods.
(2.2) Tischerlei Weyrauch stores the contract text and sends the customer the order information and the terms and conditions via e-mail. The terms and conditions can be viewed at any time here. The order data can no longer be accessed on the Internet for security reasons.
3. 3. Prices, packaging and shipping, partial shipments
(3.1) Our prices are basically the ones showed on our website the time the goods are placed in the basket. Deviating prices which are seen on pages that are from caching (browser cache, proxies), are not up to date and valid. Our cart cannot be cached. We reserve the right of price corrections of typographical errors or calculation errors. Our prices are, unless expressly agreed otherwise in writing, from the distribution center excluding packaging, freight and handling fees. All prices on our website are incl. VAT unless the customer outside the European Union has not selected a country as a country of delivery.
(3.2) Prices of products that are marked as notice, based on non-binding information by suppliers or manufacturers and are subject to change until the appearance of the product. Pre-announced products may be purchased at the displayed price. Tischlerei Weyrauch can´t assure prizes, release dates or the actual release of preannounced products. In the event of modifications Tischlerei Weyrauch will hold consultations with the client before execution of the order. Should the customer with the amendments do not agree, the order is not carried out.
(3.3) Packaging will be charged as customer's property and shipping costs will be included by Tischlerei Weyrauch.
(3.4) Shipment and packaging costs will be carried by the customer. These depend on the mode of shipment, form of payment, weight and shipping destination. The calculation takes order is finished while the goods are in the cart and expelled or referred for telephone orders and are shown separately on the invoice. The mode of shipment shall be chosen by the customer or within the allowable options at our discretion. An overview of the various shipping and payment options and the corresponding prices are published on our website. All costs and fees are included in the prices shown already. There are no other charges (such as a surname charge locally by the deliverer).
Deliveries by carrier are always only up to the curb and mailed always only to the 1st door of the house (entrance floor) and are included in the offered shipping costs. Carried up in stories of a house is possible only after consultation and price takeover by customers. Delivery and installation by our Tischlerei Weyrauch service depends on the order volume and only after consultation.
(3.5) In case of partial shipments that have been arranged or offered by Tischlerei Weyrauch, Subsequent deliveries will be without additionally costs. For special customer wishes as split delivery, there will be additionally charges for every part delivered.
(3.6) For deliveries to non-EU countries additional duties and fees will be charged. See example below ec.europa.eu/taxation_customs/dds/cgi-bin/tarchap and for import turnover tax under auskunft.ezt-online.de/ezto/Welcome.do and especially for Switzerland under xtares.admin.ch/ tares / login / loginFormFiller.do.
4. Delivery times
(4.1) The delivery times depend on the product and will be displayed on our website through symbols and / or specific comments for each product. If after an order delays, the customer shall automatically be informed by e-mail and has, unless he is a consumer, at any time prior to deliver the right to request withdraw from his order or make changes, unless otherwise agreed.
(4.2) For non-justifiable impossibility Tischlerei Weyrauch is entitled to withdraw from the contract. From this, the customer cannot derive any claims for damages.
The warranty is subject to legal regulations. Whatever the shortcomings during the statutory warranty period of two years from delivery you have the legal right to remedy (at your option: lack removal or replacement) and the statutory requirements the legal rights to reduction or cancellation as well as damages. You must give us a total of two attempts. Is the type of remedy only possible with disproportionate costs, your claim of remedy will be a different one.
6. Limitation of Liability
(6.1) The following limitations do not apply for damages based on intent or gross negligence, as well as for injury to life, limb or health.
(6.2) Regardless of the legal basis, claims for damages against both Tischlerei Weyrauch and their vicarious agents, ordered by the amount and limited to those damages that Tischlerei Weyrauch reasonably reckoned. Unless the damage resulted from the breach of a contractual obligation, the damages shall be limited to no more than ten times the amount of the order value.
(7.1) Unless otherwise agreed, invoices from Tischlerei Weyrauch are due immediately. When paying by credit card the burden of credit card account upon completion of the order is made.
(7.2) The invoice amount is paid either in advance, cash on delivery, credit card, PayPal, payment or cash on assembly and delivery service. The customer has the choice of different payment options which shall be offered depending on the order amount, the mode of delivery, the shipment address, and settings in your shopping cart. The various possibilities are displayed in the product basket and are also described in the advisory section of our website.
(7.3) Tischlerei Weyrauch reserves the right to fill in individual cases or in denial of payment by bank or an offeror of the respective payment the order only against cash on delivery or prepayment. In this case the customer can accept this or withdraw from his order.
(7.4) Costs incurred by reversing a payment transaction for lack of cover or due to wrongly transmitted from the customer data is charged to the customer.
(7.5) Exchange or checks will only be accepted on account of performance and are subject to returned. In any case, checks and bills of exchange are only valid as payment after redemption. For bills of exchange, the bank discount and collection fees will be charged. They are due immediately.
(7.6) Offsetting is not allowed. Except in the case of Tischlerei Weyrauch or legally established counterclaims do offsetting. The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded.
8. Retention of title
(8.1) All goods delivered by Tischlerei Weyrauch remain property by Weyrauch until full payment and all claims resulting from the business relationship are finished. This also applies to conditional claims.
(8.2) If the customer is an entrepreneur, furthermore, the following rules apply: Access by third parties to the property owned or co-owned by Tischlerei Weyrauch goods must be shown to the customer immediately. Through such interventions costs incurred for third-party proceedings or costs for an Out of court release will be the customer bears. The resulting from resale or other legal grounds with respect to the conditional goods (including all current account balance claims) will be cede by the customer in full extent to Tischlerei Weyrauch. We authorize the buyer / customer to collect the claims assigned to us for his account and in his own name. This direct debit authorization may be revoked if the buyer / customer fails to meet its payment obligations.
(9.1) Deteriorates substantially in the financial circumstances of the customers who have doubts about its solvency, Tischlerei Weyrauch is entitled to withdraw from the contract or to withhold its delivery and performance and offer the buyer a reasonable period for the payment in advances. After this period, Tischlerei Weyrauch is entitled to withdraw from the contract.
(9.2) The customer, if he is a consumer, the right to withdraw at any time up to the date of delivery of the goods from the purchase, unless otherwise agreed in writing. A reason for the withdrawal is not required. For entrepreneur, merchants, companies and public institutions, the provisions of the Commercial Code (HGB).
10. Withdrawal and return duty
Consumers are entitled to a right of withdrawal under the following conditions, where consumer is any natural person who enters into a legal transaction for purposes that can be attributed mostly neither commercial nor its independent professional activity:
A. Withdrawal of goods
You have the right to withdraw within fourteen days without giving a reason this contract.
The withdrawal period shall be fourteen days from the date, who have taken final possession goods to buy, or a representative of your third party, other than the carrier or has.
To exercise your right, you must contact us (Tischlerei Weyrauch, Schmalkalder Straße 67, 98574 Schmalkalden, Tel.: +49 (0) 3683/783304 Fax: +49 (0) 3683/665580, email: firstname.lastname@example.org) by means of a clear declaration (i.g., inform a consigned by post mail, fax or email) about your decision to withdraw from this contract. You can sure use the attached model withdrawal form, but which is not compulsory.
To safeguard the withdrawal-period it is sufficient that you send your communication concerning the exercise of the right before the expiration of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us, cheapest Standard), and repay immediately in fourteen days from the date on which the notification has been received through your cancellation of this contract with us. For this redemption, we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees because of this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract. The deadline is met if you send the goods before the deadline of a fortnight.
You just have to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling.
Exclusion or premature extinction of the right of withdrawal
The right does not apply to contracts for the supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer shall prevail or which are clearly tailored to the personal needs of the consumer.
1) Please avoid damage and contamination of the product. Send the product as possible in original packaging with all accessories and with all packaging components to us. Use a protective outer packaging. If you no longer have the original packaging, please provide a suitable package for adequate protection from damage during transit.
2) Please don’t send the goods unfree back to us.
3) Please note that the above paragraphs 1-2 is not a prerequisite for the effective exercise of the right of withdrawal.
If you want to withdraw from the contract, then please fill out this form and send it back.
Schmalkalder Straße 67
Fax: 03683 665580
Hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Signature/consumer (s) (only for message on paper)
(*) Underline Delete
End of withdrawal for goods.
B. Cancellation of services
You have the right to withdraw within fourteen days without giving a reason this contract.
The withdrawal period shall be fourteen days from the date of contract.
To exercise your right, you must contact us (Tischlerei Weyrauch, Schmalkalder Straße 67, 98574 Schmalkalden, Tel.: +49 (0) 3683/783304 Fax: +49 (0) 3683/665580, email: tischlereiweyrauch@hotmail. com) by means of a clear declaration (i. g., inform a consigned by post mail, fax or email) about your decision to withdraw from this contract.
You can sure use the attached model withdrawal form, but which is not compulsory.
To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the right before the expiration of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us, cheapest Standard), in fourteen days from the date on which the notification has been received through your cancellation of this contract with us. For this redemption, we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees because of this repayment.
Do you require that the services to begin during the withdrawal period, so you have to pay us a reasonable amount in the proportion of up to the date on which you notify us of the right of withdrawal in terms of this contract, services rendered compared with the overall level of services provided by the Treaty corresponds.
Your right goes out prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of withdrawal.
End of the cancellation of services
11. Agreement for the coverage of the costs in the case of a withdrawal
If the customer exercises his right of withdrawal, he is required to bear the cost of returning the goods if the delivered goods ordered corresponds and if the customer did not yet paid the considerations or a contractually agreed partial payment at a higher price the thing at the time of cancellation, Otherwise, the return for the customer free of charge.
12. Assignment of Claims
The customer is not entitled to assign its claims from the contract.
13. Final Provisions
(13.1) These terms and conditions contain all rights and obligations of the Parties. Other agreements or declarations of intent of the Parties shall not be legally effective unless in writing. This also applies to a change of the writing requirement.
(13.2) The law of the Federal Republic of Germany, excluding the laws on the international sale of goods applies to all legal relationships between the parties. For consumers, this choice of law only insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his habitual residence shall apply.
(13.3) If the customer is a merchant, legal entity under public law or public law special fund established in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract the business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, as is the business of the seller sole place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract of the trade or profession of the customer can be attributed. The seller, however, is authorized in the above cases, in any case, to call the place of business of the customer.
(13.4) If any of these provisions be invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by such provisions, which come closest to the intended economic purpose.