Stand: April 2017
- GENERAL PROVISIONS
- OBLIGATION TO PAY COMPENSATION
- CANCELLATION POLICY
- IMPORTANT NOTES
- STORAGE OF CONTRACT TEXT
- DELIVERY & SHIPPING
- PAYMENT, DEFAULT IN PAYMENT
- RESERVATION OF OWNERSHIP; SET-OFF; RIGHTS OF RETENTION
- QUESTIONS ABOUT THE ORDER PROCESS OR COMPLAINTS
- DATA PROTECTION
- CHOICE OF LAW, LEGAL VALIDITY
- PAYMENT METHODS
1. GENERAL PROVISIONS
sigrun-woehr.com, Herrenstraße 20, 76133 Karlsruhe, Germany Tel: +49 72181989628, firstname.lastname@example.org, operates an online store for shoes and accessories at the Internet address www.sigrun-woehr.com. For all orders that are made via “sigrun-woehr.com”, the following general terms and conditions apply exclusively, in their current version at the time the order is placed. By clicking the field: “I accept the general terms and conditions” and submitting the filled order form during the order process, the customer or buyer acknowledges the applicability of the current general terms and conditions. Differing conditions of the buyer shall not apply unless we expressly approve of their validity beforehand.
2. OBLIGATION TO PAY COMPENSATION
In case of damage of the goods and for uses (e.g. benefits of use) that cannot be returned or can only partially be returned or can only be returned in a deteriorated state, you shall be obligated to pay us compensation to the extent that the use or damage resulted from handling the goods in a way that exceeds the testing of the features and functioning of the goods. “Testing of features and functioning” implies testing and checking of the respective goods in the manner that is possible and usual at a store. Please also note your right to return goods according to No. 3 in these general terms and conditions.
3. CANCELLATION POLICY
You have the right to cancel this contract within fourteen days without providing any reasons.
The cancellation period is fourteen days from the day that you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your cancellation rights, you must inform us (sigrun-woehr.com, Herrenstr. 20, 76133 Karlsruhe, Germany, email@example.com, Tel.: +49 721 81989628, Fax: +49 721 81989638) about your decision to cancel this contract by submitting an unambiguous statement (e.g. a letter sent by mail, telefax or e-mail). You can use the attached sample cancellation form for this, although this is not mandatory.
To meet the cancellation period, it is sufficient to send a notification about the exercise of the cancellation rights before the end of the cancellation period.
Implications of cancellation
If you cancel this contract, we shall reimburse all payments that have been received from you, including delivery costs (with exception of any additional costs which resulted from your selection of a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for the repayment. The repayment may be denied until we have received the returned goods, or until you have provided evidence that you have sent the goods back, whichever occurs earlier. You must send or deliver the goods back to us without undue delay, and in any case within fourteen days from the day on which you informed us of your cancellation of this contract. The deadline is met if you send us the goods before the end of this fourteen day time period.
For returns from Germany, we bear all costs for returning the goods if you use our DHL return label.
You must only pay for any loss in value if this occurred while handling the goods in a manner beyond what is necessary for you to check the quality, features and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please fill and return this form.)
Fax: +49 721/81989638
I/we (*) hereby cancel the contract I/we (*) concluded regarding the purchase of the following goods (*) / delivery of the following services (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notifications in writing)
(*) Cross off what is not applicable.
End of cancellation information
4. IMPORTANT NOTES
The goods offered at sigrun-woehr.com are presented on the website in the form of digital photographs of real, existing goods. Minor differences between the presentation and reality do not constitute a defect in the ordered goods. We would like to point out that the products presented at sigrun-woehr.com at the point of time that the customer visits the website could be no longer available or no longer be offered, and the corresponding prices could have changed. The prices listed are in euros and include value-added tax. sigrun-woehr.com is entitled to make partial deliveries.
5. CONCLUSION OF CONTRACT
A contract between you and sigrun-woehr.com comes into existence only when we ship of the ordered goods to you. By sending us the order form on our website, you submit a binding offer to conclude a contract with you. You place the order when you have entered all the details during the order process and finally send us the order form by clicking on “complete order”. You can reset the entries made by you at any time by clicking on the back button. sigrun-woehr.com is entitled to decline offers submitted by you without providing any reasons, including without limitation if there is reason to suspect that the goods purchased over the Internet were intended to be commercially resold.
6. STORAGE OF CONTRACT TEXT
We store your order data. If you wish to print your order or save a copy of your order on your computer, you have the option to do so: An “order confirmation” appears on your screen after you send us the order by clicking on the “complete order” button and your credit card information has been successfully verified. Additionally, you will receive the order confirmation with all the data via e-mail, which can likewise be printed.
7. DELIVERY & SHIPPING
Shipping is done through DHL. sigrun-woehr.com bears the transportation risks. Delivery is made to the delivery address provided by the buyer. For shipments outside the EU, the delivery time for countries subject to customs duties is usually three to seven business days. The delivery time for countries subject to customs duties is three to seven business days. We bear the costs for insuring the goods as well as any costs for accompanying documents. The goods are declared without customs duties. Please note that all the import sales taxes, customs duties as well as DHL handling fees are charged separately for each country. Please direct any queries about the tax rates and fees in your country to our customer service: firstname.lastname@example.org. Please note that any foreign banking fees are to be borne by you. Customs duties, import sales taxes as well as DHL handling fees are not reimbursed in case of a return.
Delivery is free of cost within Germany
EU standard*** € 5.90 Europe, non EU**** € 9.90 Rest of the world € 9.90 *** incl. Switzerland, Monaco, Andorra, Liechtenstein, San Marino **** Norway, Iceland, Croatia, Bosnia-Herzegovina, Macedonia, Albania, Serbia, Montenegro
All returns should be done through DHL. The bills of lading needed for returns are included in the package along with your ordered goods. If exercising the right to return according to No. 3 of these general terms and conditions, sigrun-woehr.com bears all transport costs for returns from Germany and other EU countries, but not in the case of partial returns. Please contact DHL to arrange a collection date. You can also drop the package off at any office branch of Deutsche Post or with a DHL driver. Please note that customs duties, import sales taxes as well as DHL handling fees are not reimbursed in case of a return.
8. PAYMENT, DEFAULT IN PAYMENT
You can pay for your order at sigrun-woehr.com using credit card, bank transfer, instant funds transfer, invoice payment or gift/merchandise voucher. All payments and credit notes are processed exclusively in EUROS.
We accept the following credit cards:
- American Express - MasterCard - Visa
You enter your credit card information in our secure payment site. sigrun-woehr.com has a security server software with SSL connection (Secure Socket Layer). This is an asymmetric encryption method that safeguards your credit card information from interception and manipulation during transfer via the Internet. This ensures that unauthorized persons are prevented from reading this information during transfers via the Internet. The information is transferred automatically. Neither sigrun-woehr.com nor third parties have access to this information in any form at this point of time. The invoice amount is charged to you on the day the goods are shipped. Note: Credits from returns are reimbursed to you as credits on your credit card.
Procedure for payment in advance through bank transfer:
Due to customs requirements, we accept orders with payments in advance exclusively from EU member countries. Please transfer the invoice amount, stating the order number, to our account below:
sigrun-woehr.com Herrenstraße 20 DE 76133 Karlsruhe
Sparkasse Pforzheim Calw IBAN DE 446 665 008 500 006 097 30 SWIFT-BIC: PZHSDE 66
Procedure for payment against invoice:
Your term of payment is 14 days of receipt of the goods.
9. RESERVATION OF OWNERSHIP; SET-OFF; RIGHTS OF RETENTION
The delivered goods remain shall remain the property of sigrun-woehr.com until payment has been received in full.
(1) For contracts with consumers, we retain ownership of the item purchased until complete payment of the invoice amount. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity of public law or a special fund under public law, we retain ownership of the item purchased until settlement of all outstanding claims from the ongoing business relationship with the buyer. The corresponding security interest can be transferred to a third party.
(2) You have the right to set-off only if your counterclaims have been determined by law or are undisputed or acknowledged by us. Moreover, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(3) Should the customer be in default with any payment obligations, then all payments shall become due immediately and in full.
10. QUESTIONS ABOUT THE ORDER PROCESS OR COMPLAINTS
If you have any questions regarding your order or would like to submit a complaint, please do not hesitate to contact our customer service:
Email: email@example.com Telephone: +49 721 819 896 28 Telefax: +49 721 819 896 38 Monday to Friday 10 am – 6 pm CET
The statutory warranty provisions shall apply.
12. DATA PROTECTION
You can object to the use, processing and transmission of your personal data for marketing purposes any time by sending an informal message by post, fax or e-mail to firstname.lastname@example.org. That does, however, not apply for the information required to complete your order. After we receive your objection, we will no longer use, process and transmit the corresponding data for purposes other than processing your order and we will also stop sending you promotional material.
We do not disclose any personal data to third parties. Exceptions are the service partners of sigrun-woehr.com that need this data to be transmitted to them for processing orders. In this case, the scope of data transmitted is, however, limited to the minimum required.
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable the analysis of your use of the website. The information generated by the cookies regarding your use of this website will be generally transmitted to a Google server in the U.S., where the information will be stored. Due to the IP anonymization on this website, your IP address is first shortened by Google and therefore anonymised. Only in exceptional cases will the full IP address be transmitted to a Google server in the U.S., where it is shortened. Google will use this information on behalf of the website operator to analyse your use of the website, to create reports about website activities and to provide additional services related to the use of the website and the Internet for the website operator. Google does not combine the IP address transmitted by your browser through Google Analytics with other Google data. You can prevent the storage of cookies using appropriate settings of your browser software; however, we would like to point out that in this case you may not be able to make full use of all the functions of this website. You can also prevent the collection of data generated by the cookie pertaining to your use of the website (incl. your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en This website also uses the online advertising programme “Google AdWords” and the conversion tracking related to it. A conversion can, for instance, be a purchase, a login, a webpage view or a query. Google has developed a tool to measure these conversions and, ultimately, the effectiveness of AdWords advertisements. The cookie for conversion tracking is stored on your computer or mobile device if you click on an advertisement placed by Google. These cookies expire after 30 days and are not used for personal identification. If you visit particular pages of this website and the cookie hasn’t expired yet, we, along with Google, can see that you have clicked on the advertisement and that you have been transferred to this page. Each Google AdWords customer receives a different cookie. Therefore, cookies cannot be tracked using the AdWords customer websites. Information obtained using conversion cookies help in creating conversion statistics for AdWords customers that have opted for conversion tracking. The customers find out the total number of users that clicked on their advertisement and were transferred to a page provided with a conversion tracking tag. However, they don’t receive any information that can be used to personally identify a user. If you do not wish to participate in tracking, you can easily deactivate the Google conversion tracking cookies using your Internet browser user settings. Then you will not be included in the conversion tracking statistics. On these webpages, plugins from the social network facebook.com are used which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). When you call up one of our webpages containing such a plugin, a connection is established with the Facebook servers, which then sends a message to your Internet browser to display the plugin on that webpage. This informs the Facebook server about the webpages you have visited. If you are logged into Facebook as a member at this time, Facebook links this information to your personal Facebook user account. Using the plugin functions (e.g. clicking “Like” button, entering a comment), this information is also linked to your Facebook account, something you can only prevent by logging out before using the plugin. More details about Facebook’s collection and use of data, your related rights, and options to protect your privacy can be found in Facebook’s data protection policy.
13. CHOICE OF LAW, LEGAL VALIDITY
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Should one or more provisions be invalid, the validity of the remaining provisions shall remain unaffected.
14. PAYMENT METHODS
(1) Purchase on account
In the case of purchase on account, the invoice amount is due for payment to our external partner Billpay GmbH on the calendar date stated in the invoice (20 or 30 calendar days after the invoice date). The payment type ‘purchase on account’ is not available for all offers and subject to a successful credit check by Billpay GmbH. When a customer is authorised to use purchase on account for certain offers after a credit check is done, the payment is processed in collaboration with Billpay GmbH, to whom we assign our payment claim. In this case, the customer can make payments with the effect of discharging his obligations only to Billpay GmbH. Even with purchase on account through Billpay, we remain responsible for general customer queries (for example about goods, delivery time, shipping), returns, complaints, revocation notices and mailings or credits. The general terms and conditions of Billpay GmbH apply.
(2) Purchase with direct debit; direct debit authorisation; processing fee for return debit notes
(a) When purchasing with direct debit, the payment amount is immediately collected by our external partner Billpay GmbH as payment from the current account at the financial institution entered during the ordering process (current account). With this, you give Billpay GmbH the revocable authorisation to collect the payment due from you for your purchase through direct debit from your current account. If the current account does not have sufficient funds, the financial institution holding the account is under no obligation to honour the payment. Partial payments are not possible with direct debits.
(b) The payment type ‘purchase with direct debit’ is not available for all offers and subject to a successful credit check by Billpay GmbH as well as a current account kept in Germany. When a customer is authorised to use purchase with direct debit for certain offers after a credit check is done, the payment is processed in collaboration with Billpay GmbH, to whom we assign our payment claim. In this case, the customer can make payments with the effect of discharging his obligations only to Billpay GmbH. Even with purchase with direct debit through Billpay, we remain responsible for general customer queries (for example about goods, delivery time, shipping), returns, complaints, revocation notices and mailings or credits. The general terms and conditions of Billpay GmbH apply.
(c) By entering your current account information, you confirm that you are authorised to make direct debit withdrawals from the corresponding current account and that you will ensure sufficient funds. Return debit notes are associated with high costs and effort for us and Billpay GmbH. In the case of a return debit note (due to insufficient funds in current account, termination of the current account or unauthorised objection from account holder), you authorise Billpay to collect the direct debit amount for the outstanding payment due once again. In such a case, you are obligated to pay a processing fee of EUR 12.00 for each return debit note. Further claims are reserved. You are granted the option to provide proof that lower or no costs were incurred because of the return debit note. Due to the effort and costs incurred for return debit notes and to avoid processing fees, we request you not to object to the direct debit in the case of a revocation or cancellation of the purchase contract, a return or complaint. In such cases, payment is rescinded in consultation with us through a return remittance of the corresponding amount or through a credit note.