§ 1 Scope
The following terms and conditions apply for the current business relationship between the company according to § 14I BGB ” Woodoowiedu ” Gersprenzstrasse 1 , 64832 Babenhausen , representation by: Mrs. Sara Travaci and the customers as consumers in terms of § 13 I BGB deviating from this terms & conditions customer Become Even with knowledgeable not part of the contract unless ” Woodoowiedu ” agrees to their validity in writing . This sale also apply to all future business with the customer as far as it is related legal transactions.
§ 2 Offer and conclusion of contract
If an order as an offer according to § 145 BGB is to be regarded, we may accept it within two weeks. Tenders of Woodoowiedu are subject to change. Thus Woodoowiedu is in case of unavailability, not obliged to deliver. The presentation of products in our online shop is not legally binding offer, but a noncommittal online catalog. Slight deviations in pictures are normal and do not constitute impairment. “Order Payment Paid” By clicking the button, enter a binding order in the cart goods from contained. The confirmation of your order takes place together with the acceptance of the order immediately after sending by an automated email. The creation of the product, using personal photos is done individually and represents a unique piece. Please keep in mind when ordering such a special product that a withdrawal is impossible, because it is a piece debt within the meaning of the Civil Code.
§ 3 Submitted Documents
At all in connection with the award of the contract the company provided documents, such as photos, drawings, etc., we reserve the title and copyright and we require a written consent.
§ 4 Prices and Payment
Unless otherwise agreed in writing, our prices are ex works. The slides listed Internet prices include VAT. Unless otherwise noted, prices relate to each article in the picture as described, but without content, accessories and decoration. Included is the standard commercial packaging. For domestic orders, we charge a shipping and handling fee of 2.60 EUR. For orders from Austria, Switzerland and England, we charge a shipping and handling fee of 3.65 EUR. Woodoowiedu is entitled to make partial deliveries if this is reasonable for the customer. Additional shipping costs unless an express agreement. The delivery times resulting from our order confirmation. The details are non-binding averages and done in working days.
Payment of the purchase price must be made solely on the account mentioned overleaf. The deduction of discounts is only permitted with special written agreement. For domestic payments you have the possibility in advance or PayPal to pay. Woodoowiedu reserves the right to exclude certain payment types. For payments from abroad and for Austria, Switzerland and England, only the payments in advance or PayPal is possible!
Please transfers only with the use of IBAN and BIC code. Foreign charges are borne by the buyer. Unless otherwise agreed, the purchase price must be paid within 10 days after delivery. Interest shall be calculated per annum in the amount of 8% above the base rate calculated. The assertion of a higher damage caused by default remains reserved.
§ 5 Retention
To exercise a lien, the buyer is only insofar as his counterclaim is based on the same contractual relationship.
§ 6 delivery time
The beginning of the delivery period presupposes the timely and proper fulfillment of the purchaser’s obligations. The exception of the unfulfilled contract remains reserved. Woodoowiedu is entitled to make partial deliveries if this is reasonable for the customer. Additional shipping costs unless an express agreement. The delivery times resulting from our order confirmation. The details are non-binding averages and done in working days If the buyer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand damages in this respect, including any additional expenses. Further claims remain reserved. Where the above conditions are fulfilled, the risk of accidental loss or accidental deterioration of the goods is at the time transferred to the purchaser, in the case of default in acceptance or payment. We are liable in the event of which we are not intentional or grossly negligent induced delay in delivery. You are free in such a case, to wait for the ordered product or to cancel your order. In case of cancellation already paid be refunded immediately. Further legal claims and rights of the customer because of a delay in delivery remain unaffected.
§ 7 Transfer of Risk at dispatch
If the goods are shipped at the Purchaser’s request on this , so goes with the dispatch to the customer , at the latest when leaving the factory / warehouse, the risk of accidental loss or accidental deterioration of the goods to the buyer . This applies irrespective of whether the goods are shipped from the fulfillment or who bears the freight costs.
§ 8 Retention of title
We reserve the ownership of the delivered goods until full payment of all claims from the contract . This also applies to all future deliveries, even if we do not always refer to this . We are entitled to the purchased item be withdrawn if the purchaser breaches the contract .
The buyer is obliged, as long as the ownership has not been transferred to him to treat the merchandise with care. In particular, he is obliged at its own expense against theft, fire and water damage at the new value to insure (Note: only permissible with selling quality goods). If maintenance and inspection work is carried out, the Purchaser shall execute them at his own expense. As long as ownership has not been transferred, the purchaser must inform us immediately in writing if the delivered goods are seized or other interference by third parties to us. If the third party is unable to reimburse us for the judicial and extrajudicial costs of action under § 771 ZPO, the customer is liable for the loss incurred.
The purchaser is entitled to resell the goods in the ordinary course of business. The claims against the purchaser from the resale of the goods, the ordering party already now to us in the amount of the agreed final invoice amount (including VAT). This assignment shall apply regardless of whether the purchased goods have been resold without or after processing. The customer remains authorized also after the transfer to collect the debt. Our authority to collect the claim itself remains unaffected. However, we will not collect the claim as long as the customer meets its payment obligations from the proceeds, is not in arrears and in particular no application is filed for insolvency proceedings or suspended payments.
The processing or transformation of the goods by the customer is always the name and on our behalf. In this case, the expectant right of the customer continues to the goods on the transformed object. If the purchased goods are processed with other items which are not our property, we acquire joint ownership of the new item in proportion of the objective value of our goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the purchaser’s item is regarded as the main thing is agreed that the customer transfers proportionate co-ownership and hold the sole or joint ownership for us. To secure our claims against the purchaser of the purchaser also accedes such claims to us to it by the connection of the goods grown with a plot against a third party; we accept this assignment already now.
We undertake to release the securities due to us at the purchaser’s request, if their value exceeds the claims to be secured by more than 20%.
§ 9 Warranty and complaints and recourse / manufacturer redress
Warranty rights of the purchaser assume that this is his obligation under § 377 HGB inspection and complaint properly fulfilled.
Warranty claims shall expire 12 months after delivery of the goods supplied by us to our customer. Claims for damages for gross negligence or injury to life, body and health caused by an intentional or negligent breach of duty of the user, the statutory period of limitation applies.
If, despite all due care, the delivered goods contain a defect that already existed at the time of transfer of risk, we will ship the goods, subject to timely notice under our option repair or replace the goods. We must always be given the opportunity to remedy within a reasonable time limit. Recourse claims remain unaffected without restriction of the above regulation.
If the remedy fails, the customer – regardless of any compensation claims – withdraw from the contract or reduce the remuneration.
Warranty claims are excluded in cases of insignificant deviations from the agreed quality, of only minor impairment of usefulness, of natural wear and tear and damage arising after the transfer of risk from faulty or negligent handling, excessive stress or special external influences that the after contract are not provided. If changes are made by the purchaser or third parties, so there are no claims for these and the resulting consequences.
Claims of the Purchaser shall have the purpose of supplementary performance, in particular transport, travel, labor and material costs are excluded if the expenses increase because the goods delivered by us are subsequently transported to a place other than the seat of Purchaser is, unless the transfer corresponds to the intended use.
Recourse by the customer against us exist only insofar as the purchaser has met with its customers exceeding the mandatory statutory warranty claims agreements. also applies to the scope of sales of recourse against the supplier 6 accordingly.
§ 10 Miscellaneous
This contract and all legal relations of parties subject to the laws of the Federal Republic of Germany, excluding the CISG (CISG).
Place of performance and exclusive jurisdiction for all disputes arising from this contract is our place of business, unless it is clear from the order confirmation states otherwise.
All agreements reached between the parties for the purpose of performing this contract are stipulated in writing in this contract.
§ 11 Severability
Should one of the clauses of these terms and conditions be invalid, the validity of the entire provisions remain unaffected.