Terms and Conditions

General Terms and Conditions of Sale, Delivery and Payment, effective from 1 November 2019

Holzwaren Egermann
represented by Managing Director Ms Bettina Egermann
August-Bebel-Straße 165 a

Phone: +49 (0) 3774 34527
Fax: +49 (0) 3774 662953
Email: info@holzwaren-egermann.de
VAT ID No.: DE 209306205

§ 1 Scope of Application

The following terms and conditions of sale, delivery and payment apply to all contracts concluded between Holzwaren Egermann (hereinafter referred to as the “Seller”) and the respective customer concerning products and services offered in the online shop operated by the Seller. These terms and conditions of sale, delivery and payment apply exclusively to contracts concluded with consumers within the meaning of Section 13 of the German Civil Code (BGB).

A consumer (hereinafter referred to as the “Customer”) is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

Goods are delivered only within Germany. Any differing or supplementary general terms and conditions of the Customer shall not form part of the contract.

§ 2 Conclusion of Contract

These Terms and Conditions apply to all orders placed by the respective Customer in the Seller’s online shop via the website www.holzwaren-egermann.de.

The offers presented in the online shop are non-binding and do not constitute offers in the legal sense. By clicking on the shopping cart, the Customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer.

The Customer can view the shopping cart at any time by clicking on it and then selecting the “Go to Cart” button, and can remove products from the cart. The Customer can also change and confirm the quantity in the “Quantity” field. In addition, the Customer can use the “Quick Entry” function to add items to the shopping cart by entering the respective quantity and item number directly. If the Customer wishes to purchase the products in the shopping cart, they must initiate the ordering process by clicking the “Continue to Shipping and Payment” button.

After initiating the ordering process, the Customer may place an order as a guest without registering. For this purpose, the Customer is asked to enter their details. Alternatively, the Customer may register in the online shop and open a customer account. This requires the Customer to choose a password. For future purchases, the Customer can place orders by entering their email address and password without having to enter their details again.

Before an order is submitted, its contents, including the Customer’s details, are summarized on an overview page. The Customer can review and correct all order details there.

By clicking the “Buy Now” button, the Customer submits a binding offer to conclude a purchase contract. Receipt of the order is confirmed immediately after submission. The purchase contract is concluded when the goods are dispatched.

§ 3 Data Protection

The Seller collects and stores the Customer data necessary for processing the business transaction. The Customer’s personal data is processed in compliance with statutory provisions. Further information is available under the “Privacy Policy” menu item on the Seller’s website. The Customer expressly agrees to the storage and processing of their personal data.

§ 4 Storage and Access to the Contract Text

During the ordering process, the Customer must confirm their agreement to the Seller’s General Terms and Conditions, which form the basis of the purchase contract concluded online. These General Terms and Conditions can also be accessed via the corresponding menu item on the company website. The order details contained in the automatic acknowledgement of receipt sent to the Customer by email can be saved using the Customer’s email program or browser. The contract text is stored on the Seller’s internal IT system. After conclusion of the contract, the order details can no longer be viewed online.

The contract language is generally German.

§ 5 Prices and Shipping Costs

The prices stated on the product pages include statutory value-added tax and other price components but exclude shipping costs. Further information on shipping options and the resulting shipping costs can be found under the “Shipping & Payment” menu item. Shipping costs are displayed to the Customer in the shopping cart system and on the overview page before the order is submitted.

§ 6 Payment

Payment is made using the method selected by the Customer:
by invoice (for orders of €80.00 or more)
by cash on delivery (for orders of €80.00 or more)
by advance payment
by PayPal

After completing the order, the Customer is guided through the payment process according to the selected payment method. The Customer receives all information necessary to make the payment. For payments via PayPal, the ordered goods are dispatched immediately after the payment has been credited; for advance payment or payment by invoice, dispatch takes place after full payment has been received, unless otherwise agreed between the parties.

For cash on delivery, a cash-on-delivery fee of €5.00 is charged. An additional fee of €2.00 is also payable and collected by the delivery agent upon delivery. If cash on delivery is selected, the goods are dispatched immediately after conclusion of the contract. In this case, the Customer is obliged to pay the purchase price upon delivery. If the Customer refuses to do so, they are in default of payment.

§ 7 Delivery

Deliveries are always made from the Seller’s business premises (August-Bebel-Straße 165a, 08344 Grünhain-Beierfeld) to the delivery address specified by the Customer. Goods are delivered only within Germany.

Partial deliveries are permitted only insofar as they are reasonable for the Customer. Additional costs for partial deliveries arise only where expressly agreed.

§ 8 Delivery Times

Unless otherwise stated on the product page of the online shop, the delivery time is five working days. Delivery is carried out by DPD.

If the Customer orders several items with different delivery times in one order, the goods will be dispatched together unless otherwise agreed. In this case, the delivery time applicable to the entire shipment is that of the item with the longest delivery time.

§ 9 Information on Calculating the Delivery Date

For payment by invoice or cash on delivery, the delivery period begins on the day after the contract is concluded and ends after five working days, unless otherwise stated in the offer on the product page. For payment via PayPal, the goods are delivered within five working days after the payment has been credited; for advance payment, within five working days after full payment has been received, unless otherwise agreed between the parties.

If the final day of the period falls on a Sunday or a public holiday officially recognized at the place of delivery, the delivery period ends on the next working day.

If goods are returned to the Seller because the appointed transport company was unable to deliver them to the delivery address specified by the Customer, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstances preventing delivery or was prevented from accepting the offered performance through no fault of their own.

Longer delivery times or later performance dates may be agreed upon request. The commencement of the specified delivery or performance period is subject to the Customer fulfilling their obligations properly and on time.

§ 10 Statutory Right of Withdrawal

The following information explains the conditions and consequences of the right of withdrawal as required by law. In particular, reference is made to the following withdrawal instructions.

Withdrawal Instructions for Consumers

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

a) Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, takes possession of the goods; in the case of partial deliveries, from receipt of the final delivery. To exercise your right of withdrawal, you must inform us at
Holzwaren Egermann,
August–Bebel–Straße 165a,
08344 Grünhain-Beierfeld,
Phone: 03774-34527
Email: info@holzwaren-egermann.de,
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of your right of withdrawal before the withdrawal period has expired.

b) Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs arising because you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We shall make the reimbursement using the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the fourteen-day period has expired. We shall bear the costs of returning the goods. You are liable for any diminished value of the goods only if that loss in value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

c) Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the supply of goodsthat are not prefabricated and for whose production an individual choice or decision by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer,

• that are liable to deteriorate rapidly or whose expiry date would quickly be exceeded,
• that are sealed and are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery,
• that, due to their nature, have become inseparably mixed with other items after delivery,
• consisting of alcoholic beverages whose price was agreed upon conclusion of the contract, which can be delivered no earlier than 30 days after conclusion of the contract, and whose current value depends on market fluctuations beyond the trader’s control,
• consisting of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery,
• consisting of newspapers, periodicals or magazines, except for subscription contracts.

d) Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it to:

Holzwaren Egermann,
August-Bebel-Straße 165a,
08344 Grünhain-Beierfeld,
Phone: 03774-34527
Email: info@holzwaren-egermann.de

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 if this form is submitted on paper)
___________________________________________

Date (*) _____________________

Delete as appropriate.

End of Withdrawal Instructions

§ 11 Returns

If the Customer exercises the right of withdrawal, the Customer must provide proof that the goods have been returned so that the Seller can reimburse the purchase price and postage costs.

§ 12 Transfer of Risk

The risk of deterioration and loss of the goods passes to the Customer as soon as the delivery reaches the Customer’s receiving area.

§ 13 Retention of Title

The delivered goods remain the property of the Seller until payment has been made in full.

§ 14 Statutory Warranty

In the event of a defect, the statutory warranty provisions apply. The Seller does not provide any additional guarantees in the legal sense. Any manufacturer warranties remain unaffected.

§ 15 Liability

All events beyond the Seller’s control (e.g. strikes, lockouts, disruptions to monetary and credit transactions, etc.) shall be considered force majeure and release the Seller from its delivery and performance obligations for the duration of such circumstances. The Seller shall not be liable for damages in such cases.

No further liability beyond the warranty provisions of Section 14 of these Terms and Conditions shall apply. This applies in particular to damage not incurred by the contractual item itself. This does not apply in cases of intent or gross negligence. Liability is also not excluded in the event of injury to life, limb or health. In the event of a breach of material contractual obligations, liability is limited to foreseeable damage typical of the contract insofar as the breach is due to ordinary negligence.

These limitations of liability also apply for the benefit of the Seller’s legal representatives and vicarious agents insofar as claims are asserted directly against them. The provisions of the German Product Liability Act and any separate guarantees issued by the Seller remain unaffected.

§ 16 Copyright

All images, texts and graphics included in individual product descriptions on websites managed by the Seller are generally protected by copyright and other intellectual property laws. All rights of use and exploitation relating to the images, graphics and descriptions used in product descriptions are held by Ms Bettina Egermann (managing director of Holzwaren Egermann). Product images and descriptive texts may not be copied, modified or used on other websites without prior permission from Ms Bettina Egermann. This applies in particular to advertising, presentation or trading purposes, whether commercial or private. Infringements will generally be pursued. Where use of images or graphics in particular is licensed in advance or, in the event of infringement, retrospectively under the principle of licence analogy, the guidelines of the Mittelstandsgemeinschaft Foto-Marketing (MFM), as amended from time to time, shall serve as the basis for calculating the fee.

§ 17 Final Provisions and Applicable Law

If individual parts of the foregoing General Terms and Conditions or associated annexes are invalid, this shall not affect the validity of the remaining provisions. If individual provisions are invalid in whole or in part, the remainder of the contract shall remain valid. Insofar as individual matters are not expressly regulated in the foregoing provisions or provisions are invalid, the content of the contract shall be governed by the statutory provisions in force at the time the contract was concluded.

The laws of the Federal Republic of Germany apply to the conclusion and performance of all contracts and to other legal relationships between the Seller and the Buyer. In the case of consumers, this choice of law applies only insofar as it does not restrict the protection afforded to the consumer by mandatory provisions of the law of the country in which the consumer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

Our extras for you:
Shipping costs from €8.50
Shipping with our logistics partner DPD

How to reach us:
Mon–Fri, 10:00 a.m.–4:00 p.m., at 03774 – 34527

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All the important facts about Holzwaren Egermann on our company website:
www.holzwaren-egermann.de

Holzwaren Egermann,
August-Bebel-Straße 165a,
08344 Grünhain-Beierfeld
Phone: 03774-34527
Email: info@holzwaren-egermann.de