General Terms and Conditions
1 – SUBJECT MATTER AND DESCRIPTION OF SERVICES
1.1 These Terms and Conditions apply to the free use of our online shop (hereinafter referred to as “Online Shop”) and to all agreements concluded with you as our customer (hereinafter referred to as “Customer” or “Purchaser”) via our Online Shop. The Terms and Conditions apply to entrepreneurs as defined in Section 14 of the German Civil Code (BGB) (“Entrepreneur”) as well as to consumers as defined in Section 13 BGB (“Consumer”). These Terms and Conditions do not apply to purchase contracts concluded on-site at a retail store of Herbert WURLITZER GmbH .
1.2 If Customer is ordinarily resident in the EU or European Economic Area (according to the invoice address), the contract is concluded between the Customer and
Herbert WURLITZER GmbH
91413 Neustadt an der Aisch
Phone +49 9161 2625
If Customer is ordinarily resident outside the European Union and European Economic Area, the contract is concluded with
Herbert WURLITZER GmbH
91413 Neustadt an der Aisch
Phone +49 9161 2625
The relevant company is hereinafter referred to as ” Herbert WURLITZER “.
1.3 Purchase of products directly from Herbert WURLITZER
Customer may purchase mouthpieces and accesoires directly from Herbert WURLITZER in our Online Shop (“Purchase”).
2 – CONTRACT CONCLUSION
2.1 To order products in the Online Shop of Herbert WURLITZER, Customer can add the selected goods to the shopping cart and then enter the order information in the specified order form. After selecting the shipping and payment methods and accepting these Terms and Conditions, Customers sends its binding offer by clicking on the purchase button “BUY”.
2.1.1 The offer is accepted by Herbert WURLITZER by sending an express notification of acceptance to Customer by e-mail at the latest by the end of the third working day following the day of the offer, or by sending the goods. Herbert WURLITZER shall be entitled to reject contractual offers at its sole discretion.
2.1.2 Herbert WURLITZER saves the contractual text of the order and Customer is able to print the contractual text before sending the order to us by clicking on “print” in the last order step. We will also provide Customer with an order acknowledgement and order confirmation to the e-mail address provided by Customer.
3 – PRICES AND PAYMENT METHODS
3.1 Herbert WURLITZER offers Customer various payment methods, which can be viewed at the following address: Herbert WURLITZER payment methods.
3.2 The published prices at the time of ordering shall apply. All prices are, depending on the currency chosen, stated in EUR, CHF, GBP or USD and include value-added tax. Shipment costs are not included in these prices and will be displayed separately in the order process.
3.3 For purchase contracts concluded between Herbert WURLITZER and Customer, the total amount payable including shipping costs is due immediately.
3.4 If the amount due cannot be collected, Customer shall reimburse to Herbert WURLITZER the additional costs incurred as a result, if it is responsible for the failure to collect.
4 – SHIPPING AND DELIVERY
4.1 The products sold by Herbert WURLITZER are shipped by shipping providers listed under Herbert WURLITZER shipping costs.
4.2 Customer bears the shipping costs. The amount of the shipping costs is calculated on the basis of the shipping cost overview, which can be viewed under Herbert WURLITZER shipping costs. The binding shipping costs are also displayed in the order overview prior to submitting the order.
4.4 Shipments are made to the following countries: Australia, Austria, Bahrain, Belgium, Bulgaria, Canada, China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hong Kong, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Oman, Poland, Portugal, Qatar, Romania, Russia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, Turkey, USA.
4.5 The expected delivery date is indicated to Customer in the respective product description and counts from receipt of payment. The delivery time may be subject to the usual variability of postal deliveries and may be delayed by force majeure and other events outside the control of Herbert WURLITZER and its agents.
5 – CUSTOMER’S OBLIGATIONS
5.1 Customer shall not be permitted to unreasonably overload the technical infrastructure of Herbert WURLITZER.
5.2 Customer may not block, overwrite or modify any contents generated by Herbert WURLITZER or disrupt the Herbert WURLITZER website in any other way.
5.3 The contents stored on the Herbert WURLITZER website may not be copied or disseminated or otherwise used or reproduced without the previous consent of the legal owner. This shall also apply to copying using “robot/crawler” search engine technologies or other automatic mechanisms.
5.4 Herbert WURLITZER shall be entitled to block customer accounts, if it is suspected that a customer account is being used in a fraudulent manner or misused in other ways. Herbert WURLITZER will notify Customer of the blocking, if the purpose of the blocking is not jeopardised by the notification.
6 – OUR LIABILITY
6.1 Herbert WURLITZER strives to always ensure that the website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Further, access to the Herbert WURLITZER website can be occasionally interrupted or restricted to allow maintenance and servicing to be carried out or to introduce new facilities. Herbert WURLITZER strives to limit the duration and frequency of these temporary interruptions.
6.2 Herbert WURLITZER bears unlimited liability in cases of intent and gross negligence as well as in cases of injury to life, body or health.
6.3 In cases of slight negligence, Herbert WURLITZER shall be liable in the event that material contractual obligation is infringed. A material contractual obligation within the meaning of this section is an obligation, the performance of which only allows the contract to be executed and upon the performance of which the contractual partner may therefore regularly rely.
6.4 Herbert WURLITZER shall not be liable under Section 7.3 for lack of economic success, loss of profits and indirect losses.
6.5 Liability under the above Section 7.3 shall be limited to losses typical and foreseeable as at the date of the conclusion of the contract.
6.6 The limitations of liability shall apply mutatis mutandis to employees, representatives and subcontractors of Herbert WURLITZER.
6.7 Any liability of Herbert WURLITZER for guarantees given and claims under the Product Liability Act shall remain unaffected.
7 – WARRANTY
7.1 The statutory warranty rights shall apply to all contracts concluded between Herbert WURLITZER and the Customer.
7.2 Liability for defects in used goods shall be excluded for Purchasers who are Entrepreneurs; this shall not apply in case of gross negligence or intent; warranty rights for new goods shall lapse within six months following the transfer of risk.
7.3 Warranty rights shall lapse for Consumers within two years following the transfer of risk for new goods and within one year for used goods.
7.4 Ordinary wear and tear marks (e.g. scratches on the case/band) do not constitute defects under sales law.
7.5 Damage caused by the improper handling of the goods by Purchaser shall be excluded from the liability for defects.
8 – RIGHT OF WITHDRAWAL FOR CONSUMERS
8.1 Information concerning the exercise of the right of withdrawal
If you are a Consumer and a contract as defined in Section 9.3 is not in effect, you have the right to withdraw in accordance with the following policy:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract relating to multiple goods ordered by you in one order and delivered separately, the period shall begin on the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal you must inform us (Herbert WURLITZER GmbH, Rückertstrasse 20, 91413 Neustadt an der Aisch, Germany, telephone no. +49 9161 2625, e-mail firstname.lastname@example.org) of your decision to withdraw this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS 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 14 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 any event, you will not 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 shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of information on right of withdrawal
8.2 Model withdrawal form
complete and return this form only if you wish to withdraw from the contract.
8.3 The right of withdrawal does not apply to distance contracts for the delivery of goods that are not manufactured in advance and the manufacturing of which requires an individual choice or design by Consumer or that are clearly tailored to the personal requirements of Consumer.
9 – RESERVATION OF TITLE
9.1 The goods shall remain the property of Herbert WURLITZER until the purchase price is paid in full. The goods may not be pledged, transferred by way of security, processed or reconfigured without the consent of Herbert WURLITZER.
9.2 Purchaser shall undertake to handle the goods with care until the purchase price is paid in full.
10 – COMPLAINTS PROCEDURE
The EU Commission provides an online platform for online settlements (OS platform). It can be accessed at http://ec.europa.eu/consumers/odr/.
11 – FINAL PROVISIONS
11.1 Deviating business terms and conditions of Customer shall not form part of the contract even if Herbert WURLITZER does not expressly dispute their validity.
11.2 Customer may only offset against claims of Herbert WURLITZER or assert a right of retention if its counterclaim is undisputed, a legal title exists or the counterclaim is synallagmatically in proportion to the respective claim in question.
11.3 The law of the Federal Republic of Germany applies under the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply for Consumers with regard to such mandatory consumer rights, which – according to the law applicable if this clause would not exists (which is in general the law of Consumer’s primary residence) – are legally compulsory and cannot be waived by parties‘ agreement.
11.4 Exclusive venue for any and all disputes with regard to this contract is Neustadt an der Aisch, provided the parties of the contract are merchants or Customer has no place of general jurisdiction in Germany or in another member state of the European Union or its permanent or habitual residence is transferred abroad after entry into force of these Terms and Conditions or permanent or habitual residence is not known at the time the action is filed.
11.5 If individual provisions of this Terms and Conditions are or become ineffective and/or contradict legal provisions, the effectiveness of the remaining Terms and Conditions shall not be affected thereby.