The following General Terms and Conditions (hereinafter referred to as T&C) apply to all contracts concluded via our Internet presence between you as our customer and us.
Jochen Weiland
Echterdinger Straße 57
70794 Filderstadt
Phone: +49 711 94969-82
Email address: sfroemken@jweiland.net
(1) The presentation and advertising of products on our website does not itself constitute a binding offer to conclude a contract, but only the invitation to submit such an offer (application).
(2) You can submit your offer via the online ordering facility provided on our website. The GTC become part of the contract if we refer you to the GTC when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC.
(3) The conclusion of the contract via the online ordering option of our Internet presence takes place in the following steps:
(a) You can select the products offered on our Internet presence and place them in the electronic shopping cart. Before sending the order, you can view and change the contents of the shopping cart at any time. You can correct your entries using the usual mouse and keyboard functions as well as the back function of your internet browser before completing the ordering process by clicking on the Her mit Deiner Kohle ;-) button. You can identify any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the enlargement function (magnifying glass function) of your Internet browser for this purpose. You can also terminate the ordering process at any time by closing the window of your Internet browser.
(b) By submitting an order via the online ordering option of our website by clicking the button 'Her mit Deiner Kohle ;-)', you place a legally binding order for the products in the shopping cart. However, this request can only be submitted and transmitted if you have previously accepted these GTC by selecting the appropriate checkbox.
(c) We will confirm receipt of your order immediately by e-mail. In this e-mail, your order will be listed again. You can print this out using the print function. This automatic confirmation of receipt merely documents that we have received your order; it does not yet constitute acceptance of your application, unless we expressly declare acceptance therein at the same time as confirming receipt.
(d) You shall be bound by the order for a period of 5 days after placing the order; your right to revoke your order, if any, shall remain unaffected.
(e) The contract shall not be concluded until we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation).
(4) In our e-mail confirming receipt or order or in a separate e-mail, but no later than upon delivery of the goods, we will send you the text of the contract on a durable medium, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our terms and conditions and the order confirmation.
(5) The contract text will be stored by us in compliance with data protection. Apart from the above sending, we keep
(6) The contract shall be concluded in the German language.
(7) Should the delivery of a product ordered by you not be possible, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
(8) If we are unable to deliver a product you have ordered, we will not accept delivery.
(9) If you have provided your email address as part of the ordering process, or indeed as part of any other enquiry, it is your responsibility to ensure that the email address you have provided exists, is correct and that you are able to receive emails at that email address from us or from any third party contracted by us to process your order. Automatic SPAM filters are to be configured or monitored accordingly.
(10) You agree to an invoice transmitted electronically.
(11) All prices stated on our website are total prices including VAT and other price components plus shipping and handling.
If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who places the order for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity, you are entitled to a right of withdrawal in accordance with the statutory regulations. Further information on the right of withdrawal can be found in our cancellation policy.
(1) Unless otherwise agreed, delivery will be made to the delivery address provided by you.
(2) The delivery period is 5 days, unless otherwise stated in the product description or otherwise agreed with you. It begins with the conclusion of the contract.
(3)
(1) Payment in advance: we offer you a payment in advance by bank transfer. If you select this payment method, our claim to payment of the agreed price becomes due upon conclusion of the contract, subject to a deviating agreement.
(2) Payment by SEPA direct debit: We offer payment by SEPA direct debit. Our claim to payment of the agreed price becomes due after the SEPA direct debit mandate has been issued, as soon as the period for advance information to make payment by direct debit, so-called prenotification, has expired. This prenotification is a notification to you announcing a payment collection by SEPA Direct Debit and is intended to enable you to prepare for the collection and to ensure that your account is covered at least in the amount of the payment. The collection will not take place until the period for prenotification has expired and the goods ordered by you have left our warehouse. In the event that a payment collection by SEPA direct debit is not possible because the specified account is not sufficiently covered, incorrect bank details have been provided or you object to the collection without justification, you shall bear those fees incurred by a chargeback of the relevant credit institution in the event that you have to represent.
(3) In case of self-collection, you have the option to make the payment on the spot in cash.
Until the purchase price has been paid in full, the delivered goods remain our property.
(1) We are liable for material defects or defects of title of delivered goods according to the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code).
(2) If you are an entrepreneur, the following regulations apply to contracts for the delivery of goods:
(3) The above limitations of liability and shortening of time limits do not apply
(4) In addition to claims based on material defects or defects of title, there may be warranties given by us for certain goods or manufacturer's warranties granted by manufacturers of certain goods. Such an additional warranty exists on the goods delivered by us only if this was expressly given in the order confirmation for the respective goods. Details of the scope of such warranties are set out in the warranty conditions accompanying the relevant goods, if any.
(5) If goods are delivered to you which show obvious transport damage, we ask you to inform us of this and to complain about the transport damage to the delivery company. However, this will not affect your statutory or contractual warranty rights.
(1) We reserve the right to change our T&Cs or our services,
(a) if our T&Cs or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a judicial or official decision,
(b) if technical or procedural changes that do not have a material impact on you make it necessary to change the T&Cs or our services,
(c) if we offer new or additional services that must be included in the T&Cs and this does not adversely affect the contractual relationship we have with you, or
(d) if the changes to our T&Cs or our services are merely legally advantageous to you.
(2) You will be notified of any changes in writing, by fax or by email. If you do not object to this change within six (6) weeks after receipt of the notification, the changes shall be deemed accepted by you. You will be informed separately of the right to object and the legal consequences of silence.
(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.
For information on the processing of personal data, please refer to our privacy policy.
For questions, complaints or claims, you can reach us by phone at +4971194969-82 and by email at sfroemken@jweiland.net.
We are not willing and not obliged to participate in any dispute resolution procedure before a consumer arbitration board.
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected.
(2) If you as a customer are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
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