Standard Contract Terms

§ 1 General

(1) The following standard contract terms shall apply to all deliveries and offers of

WARDOW GmbH
Nauener Straße 3
14641 Wustermark
Germany

(in the following „wardow.com“)

(2) wardow.com is a certified online shop and preserves the Trusted Shops Code of Conduct (available at www.trustedshops.de).

 

§ 2 Conclusion of the Contract

(1) The presentation of products in our online shop is not a legally binding offer, but an online catalogue. By clicking the "Buy Now", the customer submits a binding order for the goods that were placed into the shopping cart.

(2) The order confirmation and the acceptance of the order is immediately effected by an automated e-mail. With this e-mail confirmation the purchase contract has been concluded.

(3) We save the contract text and send you the ordering information by e-mail. You can view past orders in your user account.

(4) You have the option to complete the purchase agreement in German or English language.

(5) If our order confirmation contains typographical or printing errors, or should our pricing be based on technical transmission errors, we have the right to contest, in which we have to prove our error. Payments already made will be refunded immediately.

 

§ 3 Prices, Postage and Packaging, Partial Delivery

(1) The prices mentioned on the product pages include the legal VAT and other price components and do not include postage and any applicable charges for customs etc.

(2) Packaging materials shall become the property of the customer.

(3) Costs for postage and packaging are to be borne by the customer. They will depend on the form of shipment, form of payment, weight and shipping destination. They will be calculated and displayed in the product basket prior to any online order or, in the event of a phone order they shall be quoted and shown separately on the invoice.

(4) In the event of partial shipments that have been arranged without consultation with the customer by wardow.com, follow-up shipments shall be made free of shipping charges. In the event that a customer wishes for shipment in specific lots, the additional agreed costs for the shipment of each lot shall be borne by the customer.

(5) If the product ordered is not available, because we are not supplied with this product from our suppliers without our fault, we may withdraw from the contract. In this case, we will inform you immediately and suggest to supply a comparable product. If no comparable product is available or you do not wish to receive an alternative product, we will refund prepayments without delay.

 

§ 4 Delivery Period

The estimated delivery periods are dependent on the products. On our website the availability of each product is displayed by mentioning the estimated date of dispatch through symbols and specific comments. Depending on the chosen mode of shipment the delivery takes place within the ordinary sender time from Germany. In the event that a delay of the estimated date of dispatch occurs after an order has been made, the customer shall automatically be informed by e-mail. Provided that the customer is a consumer, he is entitled to cancel the order or to make modifications to such order free of charge at any time prior the revocation right takes effect, unless otherwise agreed.

 

§ 5 Payment

(1) Payment shall be made by choice of the customer either in advance, PayPal, by credit card or through instant transfer.

(2) In case of advance payment, we will provide our bank details in the order confirmation. The invoice amount is to be paid within 7 days to our account. When paying by credit card, the bank debit takes place with dispatch of the goods.

(3) In the event of default of payment, wardow.com shall be entitled to charge consumers interest of 5% above the applicable base rate. We reserve the right to prove higher damages and assert.

(4) Any set-off of counterclaim shall not be permitted unless proven at law or if undisputed or acknowledged by us in writing.

(5) The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded.

 

§ 6 Reservation of Title

All items delivered by wardow.com remain our property until such items have been paid in full and all claims resulting from the transaction have been met. Before transfer of ownership a pledge, transfer, processing or transformation of goods is not allowed without our consent.

§ 7 Revocation and Obligation to return the Goods

(1) Consumers have two weeks right of withdrawal.

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Conditions of Withdrawal

If the customer is consumer he/she may revoke his/her declaration to conclude a sales contract within a period of two weeks in textual form (e.g. by online return form, letter, E-Mail, facsimile) without stating a reason or by returning the goods. The term commences after the receipt of this revocation instruction in textual form, but not until the consumer has received the goods and either until the fulfilment of our duty to supply information according to sec. 312 c para. 2 BGB (German Civil Code) in conjunction with sec. 1 para. 1, 2 and 4 BGB-InfoV (German-Civil-Code-Information-Regulation) as well as our duties according to sec. 312 e para. 1 BGB in conjuction with sec. 3 BGB-InfoV. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be addressed to:

WARDOW GmbH
Nauener Straße 3
14641 Wustermark
Germany

Fax: +49 (0)331 58291301, E-Mail

Consequences of Withdrawal

In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued shall be released. If the consumer is unable to return the received goods either in total or in part or only in deteriorated condition, the consumer shall indemnify wardow.com for the loss in value, if applicable. This shall not apply in the event that the deterioration of the surrendered goods is due to the inspection of the goods – as it would have been possible in a shop. The consumer may, moreover, avoid such liability of indemnification if he refrains from using the goods as if he owned them and further refrains from any action that would diminish the value of the goods. Goods capable of being sent by parcel will be on request of the consumer collected from him by wardow.com or shall be sent back by the consumer at the risk of wardow.com. The consumer shall bear the costs of the return shipment if the goods delivered are as ordered and the value of the returned product does not exceed € 40,- or if in case of a higher value of the product the consumer has at the time of the revocation not performed the return service or the agreed partial payment. Otherwise wardow.com shall bear in case of a valid revocation the costs for the return shipment respectively the collection including transport insurance. Goods not capable of being sent by parcel will be collected from the consumer by wardow.com. Obligations to refund payments must be fulfilled within 30 days. This time limit begins for the consumer with the despatch of the revocation or the goods and for wardow.com with the receipt of the goods.

End of Right for Withdrawal

(2) The above right of cancellation shall not apply to distance contracts concerning the delivery of goods that are manufactured according to customer specifications or that are clearly customized to meet the customer’s personal needs, or that are not suitable for return due to their nature, or that perish quickly or expire prior to any return.

(3) We kindly ask customers to send us a short E-Mail

before returning an item, in order to announce the return. In this way you make it possible for us to assign your return as fast as possible.

(4) Extended right of withdrawal

For all purchases wardow.com has an extended right of withdrawal policy of 30 days. The consumer may revoke a declaration to conclude a sales contract within this additional period of 16 days without giving any reasons even after the 14 days period for legal revocation is due (see 7.). The timely dispatch is sufficient to term protection. For a full reimbursement, all goods must be treated carefully and returned undamaged and complete. In case of deterioration of the goods, wardow.com has the right to claim sufficient compensation.

(5) Please note, that a compliance with the in § 7 paragraph 3 and 4 listed requirements for returns is not a necessary condition for the effective exercise of your right of withdrawal.

(6) Agreement for the Coverage of the Costs in Case of a Withdrawal

The customer has to cover the costs of returns within Germany if the final price of the returned goods does not exceed 40EUR – provided the goods received are those ordered – or if the customer has not paid the full amount or the installment of the contract, even if the value of the good(s) does exceed 40EUR. In any other case the return is free of charge for the customer.

(7) For cancellations outside of Germany the customer has to bear the cost of returning the goods, unless it is contrary to the legal provisions of the country.

 

§ 8 Transport Damages

(1) Shipping damage should be reported immediately upon receipt of the goods to the deliverer (DHL) and afterwards also to wardow.com.

(2) The failure to make a complaint or contact has no consequences for the customer’s statutory rights. Nonetheless, they do help us to make our own claims against the carrier or transport insurance.

 

§ 9 Passage of Risk and Warranties

(1) If wardow.com ships the goods to the customer, the risk shall pass to the customer which is a merchant as soon as the goods are handed over to the carrier. If the customer is a consumer the risk shall pass as soon as the carrier has delivered the goods to the consumer.

(2) We point out that the representation of color and perceived quality of the goods sold is not always correct. Computer systems can display colors differently from the reality on which wardow.com has no influence. Information on dimensions of goods are to be understood as par value. Deviations within the tolerance range, due to the nature of the materials, occur. A warranty is not right for such defects as these facts have been known to the date of the contract already.

(3) The warranty period shall begin at the time when the goods are delivered. The statutory warranty provisions shall apply. If the delivered item has been repaired or modified by the customer or by a third party without written approval by wardow.com, all warranty rights shall expire. Sentence 2 shall not apply if the customer proves beyond doubt that the defects at issue have not been caused by the modifications carried out by him or the third party.

(4) Provided that the customer is a consumer, the periods of limitation for statutory claims for defects shall be two years.

(5) If the customer is a merchant the limitation period for warranty claims is one year. wardow.com is authorised to choose between curing the defect and delivering a defect-free good as subsequent performance. Obvious defects in the products or the performance rendered by wardow.com must be notified in writing immediately, at the latest within fourteen days after receipt of the goods. If such defects are not notified in time, the goods are deemed to have been approved and accepted, with all inherent warranty rights expiring.

(6) wardow.com shall not be liable for normal wear and tear of the good or defects which are a result of incorrect or negligent handling or treatment or which are caused by unusual conditions of use.

 

§ 10 Restrictions on Liability

We exclude our liability for slightly negligent breaches of duty, provided these are neither contractual obligations, gross negligence nor damage to life, body or health or guarantees, or claims under the Product Liability Act. The same applies to violations of our agents.

 

§ 11 Miscellaneous

(1) In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties will try to replace invalid provisions by such provisions which are valid and come closest to the commercial purpose intended by the parties.

(2) If the customer is a merchant or does not reside within the European Union, our company seat shall be the exclusive venue for all legal disputes between the contract parties, including all lawsuits in connection with bills of exchange and cheques.

(3) The laws of the Federal Republic of Germany shall exclusively apply. The provisions of the UN Convention on the International Sale of Goods shall not apply. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.

WARDOW GmbH
Nauener Straße 3
14641 Wustermark
Germany

Tel: +49 (0)331 58291300
Fax: +49 (0)331 58291301

E-Mail
https://www.wardow.com

Managing Director: Dipl.-Kaufm. Danny Wardow
Registered at Amtsgericht Potsdam, HRB25701P
VAT-No.: DE286488402

Edition dated 11.12.2013, available as PDF-Document