General terms & conditions for consumers
Last updated August 4th, 2011
The following General Terms and Conditions (GTC) govern all legal relationships between WOODandMORE Felix Petzak-von Schwedler (“Provider” in the following); Ostendstraße 1- 14, Haus A; 12459 Berlin – Germany; Tel. 0049 (0)30 28092711; Fax 0049 (0)30 28092712; www.woodandmore.com; kontakt@woodandmore.de and their customers which are constituted either through the WOODandMORE online store (url: www.woodandmore.de) or formed via e-mail, fax, letter, telephone or other means of communication. The GTC fulfill the requirements of the German law. All consumer information will be sent to the customer via e-mail, letter or fax after ordering. The customer may copy these GTC for the purpose of printing or saving them.
In General
The GTC do only apply to customers who are consumers. According to § 13 BGB a customer is a consumer who completes a transaction with WOODandMORE (eg a purchase) as a natural person and the purchase cannot be attributed to the customer’s commercial or independent professional activity. If you are an entrepreneur according to § 14 BGB, there are different terms which we provide upon request. You are also considered a consumer, if you run a business and the product purchased does not serve your company or business purposes.
Formation of Contract
The presentation of goods in the online store does not represent a binding offer by the Provider to conclude a sales contract. The customer is hereby only invited to submit a binding offer by ordering. By sending the order the customer gives a binding offer directed at the conclusion of a sale of the goods contained in the basket. By sending the order the customer accepts that these terms and conditions alone prevail to the legal relationship with the Provider. Before clicking the order button, the customer can change his order and the specified data at any time. The Provider confirms the reception of the customer's order by sending an automatic confirmation e-mail. This confirmation is not yet accepting the contract offer by the Provider. It only serves to inform the customer that the order has been received by the Provider. The declaration of acceptance of the offer is concluded by either the delivery of the goods or an explicit declaration of acceptance.
Prices and payment condition
The prices at the time of order apply. All prices are retail prices in Euro including the legally applicable VAT excluding shipping costs. The customer may pay in advance by means of IBAN/SWIFT. Additionally, customers ordering from Germany or Austria may pay through cash on delivery (available up to 750,- EUR of goods’ value). Payment via installments is not available. If bank transfer fees incur by the customer’s bank, the customer also contributes these fees to the final price and delivery and shipping costs. The payment has been completed, if the entire invoice amount is credited to the account of the Provider. If after 7 days following a payment reminder the invoice amount has not been credited to the account the Provider reserves the right to cancel the order. The fees for payment by cash on delivery are paid by the customer when the goods are delivered. The currently applicable fees for paying by cash on delivery are available on the Internet: http://www.woodandmore.de/eng-shipping-and-handling.htm
Delivery, shipping and handling
Your order will be delivered by companies or partners of the General Logistics Systems (GLS), DHL or another designated parcel service. Delivery is made, unless otherwise agreed, on weekdays from Monday to Friday from warehouse to your specified delivery address up to the first closed door. Shipping charges apply. Please see our table of shipping costs (all charges include VAT 19%): http://www.woodandmore.de/eng-shipping-and-handling.htm The shipping costs are calculated immediately during the ordering process and are displayed in the basket before completing the order. If not stated otherwise during the ordering process, the goods are shipped approximately 3-5 days after the full invoice amount has been credited to the Provider’s account (in case of payment by cash on delivery – after the order has been confirmed). The customer receives his goods in such a small number of individual deliveries as possible. The customer is immediately informed about any delays in delivery by the vendor. The delivery of goods is at risk of the Provider. The risk of accidental loss and accidental deterioration of the goods passes upon delivery of the goods to the customer over to him.
Warranty and Liability
The statutory provisions of the German law apply. Please note that some of the goods are made of solid wood. Due to the composition of this material, we reserve the right of slight color and measurement deviations. Furthermore, it may happen in the course of time that the wood darkens. This is a natural process and not a defect of the goods.
Cancellation Policy
Right of Withdrawal
You are entitled to revoke your contractual statement, without stating any reasons, within 14 days in writing (e.g. letter, fax, email), or – if the item is delivered before the deadline - by returning the goods within said period. The cancellation period commences upon receipt of this instructions in text form, however no earlier than the receipt of the goods by the recipient (in the case of ongoing deliveries no earlier than the receipt of the first partial delivery) and when we have performed our obligation to provide prior information pursuant to Article 246 Section 2 in conjunction with Section 1 paragraph 1 and 2 EGBGB as well as our obligations according to Section 312g Section 1 Sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB.
To observe the cancellation period, the timely posting or transmission of the cancellation notice or the goods received is sufficient.
The cancellation notice and the return shall be addressed to:
Woodandmore / Felix Petzak-von Schwedler
- Retour -
Ostendstraße 1- 14, Haus A
D- 12459 Berlin
Germany
FAX 0049 (0)30 28092712
kontakt@woodandmore.de
Consequences of Withdrawal
On effective cancellation, any sums paid must be repaid and any goods delivered must be returned and any enjoyment or benefits (e.g. interest) must be surrendered or refunded. In the event that you are unable to return the goods and benefits derived thereof or if you are only able to return them partially or in a state of deterioration, you shall be required to pay compensation. For the deterioration of the goods and the derived benefits, you must pay compensation only if the deterioration is due to a usage which goes beyond the testing of the properties and functioning. "Testing of the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is customary in a store. Mailable goods must be sent to the address specified above at our risk. Goods that cannot be mailed will be collected from your premises. Obligations to pay refunds must be performed within 30 days. Your cancellation period commences upon transmission of your cancellation notice or upon dispatching the goods. For us it commences upon receipt thereof.
Exclusion of revocation
The right of revocation does not apply to contracts about the delivery of goods to be manufactured according to customer specifications.
Delivery charges for the return of goods
If goods are returned from abroad (with the exception of Austria), postage shall be at the customer’s expense.
[End of cancellation policy]
Privacy
The use of personal data provided by the customer shall be carried out in compliance with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Personal data shall only be collected insofar as the customer voluntarily provides such data. Personal data shall only be processed and passed on to third parties if such action is necessary to fulfill the contract between the Provider and the Customer. Accordingly, the data shall be provided to the parcel service and – if necessary – to the bank processing the payment. Beyond that, none of such details shall be passed on to any third party. For a better analysis of the site, information such as visitors, page views, anonymous IP addresses and browser are collected. This information is anonymous and does not draw conclusions about individual users. It only shows the general performance of the site.
Final Determination
If the ordering party is a trader, merchant, dealer or similar person acting for commercial purposes, our business seat shall be the place of jurisdiction. German law shall apply. This choice of law shall only apply to consumers if and in as much as it corresponds with the scope of consumer protection provided by the mandatory laws of the consumer’s country of residence. The UN-Convention on contracts for the international sale of goods (CISG) is excluded.
Your contractual partner / Business address:
WOODandMORE Felix Petzak-von Schwedler
Ostendstraße 1- 14, Haus A
D-12459 Berlin
Germany
Fon 0049 (0)30 28092711
Fax 0049 (0)30 28092712
www.woodandmore.de
kontakt@woodandmore.de
Tax No. 36/469/63427
VAT-ID (UST-Id.): (DE) 218794188
Felix Petzak-von Schwedler
General Manager