General Terms and Conditions and Customer Information
I. General Terms
and Conditions§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Ralf Eggl) via the website
http://www.woidwerk.com/shop/. Unless otherwise agreed, the inclusion of
any terms and conditions you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are
predominantly neither commercial nor self-employed. An entrepreneur is any
natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their
independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we are already making you a binding offer to
conclude a contract via the online shopping basket system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can access the "shopping basket" at any time
via the corresponding button in the navigation bar and make changes there.
After clicking on the "Checkout" or "Continue to order" button (or similar designation) and entering your personal
data and the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will
either be taken to the order overview page in our online shop or redirected to the website of
the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there.
Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected
back to our online shop.
Before submitting your order, you have the option of checking the details in the order overview again, changing them (also
using the "back" function of your internet browser) or cancelling the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now",
"order with obligation to pay", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of
the offer, thereby concluding the contract.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in
text form (e.g. by e-mail), which you can
accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated
by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct,
that the receipt of e-mails is technically ensured and, in particular, that it is not
prevented by SPAM filters. 3 Individually designed goods
(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the
online ordering system or by email at the latest immediately after conclusion of the contract. Any specifications we may have regarding
file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights,
trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this
context. This also applies to the costs of legal representation
required in this context.
(3) We do not check the transmitted data for correctness and therefore accept no liability for errors.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment will be processed by the
payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual
payment methods via "PayPal" are displayed on our website under a correspondingly labelled button and in
the online ordering process. "PayPal" may use other payment services for payment processing; if special
payment conditions apply, you will be notified of this separately. Further information on PayPal can be found
at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual
relationship.(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims arising from the current business relationship
have been settled in full. Pledging or transfer by way of security is not permitted before transfer of ownership of the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount
of the invoice amount accruing to you from the resale; we accept the assignment. You remain authorised to
collect the claim. However, if you do not meet your payment obligations
properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed, we shall acquire co-ownership of the new item in proportion to the invoice value
of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our
securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory rights of liability
for defects apply.(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and
transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do
so shall not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the
contractual declaration was made and the deviation was expressly and separately agreed
between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but
not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect cannot be remedied, you
may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a
second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise
. In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location
other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction in the warranty period does not apply:
– to culpably caused damage attributable to us resulting from injury to life, limb or health and to other damage
caused intentionally or through gross negligence;
– if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its
defectiveness;
– for statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice
of law (1) German law shall apply. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law
of the country of their habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Ralf Eggl
Miesleuthen 2
94249 Bodenmais
Germany
Telephone: 016096443013
Email: info@woidwerk.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
provisions of "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping basket system, the contract
data can be printed out or saved electronically using the browser's print function. After we receive the
order, the order data, the information required by law for distance contracts and the General
Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping basket system, you will receive all contract data in the form of a binding
offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all
price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on
our website or in the respective offer, are shown separately during the ordering process and are to be borne by
you in addition, unless free delivery has been promised
. 5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such
as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which shall
be borne by you.
5.4. Any money transfer costs incurred (bank transfer or exchange rate fees charged by credit institutions) shall be borne by
you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly labelled button on our
website or in the respective offer.
5.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment
immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a
correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the
sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is
insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by
the entrepreneur or another person designated to carry out the shipment.
If you are a business, delivery and shipping are at your risk.
7. Statutory liability
for defects Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the Händlerbund's lawyers specialising in IT law and are
continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in
the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.
Last update: 29 November 2022