General Terms & Conditions www.whirlpools-world.es
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§ 1 General
(1) These Terms & Conditions apply to all contracts, deliveries and other services of Whirlpools World Outlet GmbH, Römerstraße 158, 78652 Deißlingen-Lauffen (hereinafter: the "Vendor"), regarding the online shop http://whirlpools-world.com/ and all of the sub-domains belonging to that domain. Alternative regulations belonging to the customer shall not apply unless the Vendor has confirmed this in writing. Individual agreements between the Vendor and the customer shall always take precedence.
(2) The business relationships between the Vendor and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of legislation shall apply only insofar as the protection granted is not removed by compelling statutory provisions of the state in which the consumer is normally resident. Application of the UN Convention on the International Sale of Goods is excluded.
(3) The contractual language is German.
(4) The place of jurisdiction is Deißlingen-Lauffen insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the domicile or normal place of residence at the time legal action is taken are not known.
(5) We deliver to the following countries: Europe.
§ 2 Contents of contracts and conclusion of contract
(1) In the online shop http://whirlpools-world.com/ and http://whirlpools-world.es/, the Vendor offers the customer goods for sale.
(2) The presentation of the products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. By clicking on the buttons "buy" / "place an order", you are issuing a binding order for the goods contained in your shopping basket. Confirmation of receipt of the order follows immediately after submission of the order and does not constitute acceptance of a contract, We may accept your order by issuing an order confirmation or delivering the goods within two days.
(3) The text of the contract shall be saved.
§ 3 Prices, shipping costs, VAT and payment
(1) For orders placed through the online shop, the prices specified there shall apply. All price include statutory VAT.
(2) Prices are plus shipping and packing costs; the customer is informed of these costs before placing the order.
(3) Supply to the customer by the Vendor is made against the following payment methods, at the customer's discretion: Payment in advance (by transfer, PayPal), payment in the outlet or on account using BillSAFE (for purchases of a value between EUR 10 and EUR 300).
If the customer chooses to pay in advance by transfer, payment is due at the latest 5 days after conclusion of the contract.
In the case of delivery on account, payment is due at the latest 5 calendar days after the invoice is issued.
(4) If a customer defaults on payment, the Vendor may demand compensation in line with the statutory provisions and/or withdraw from the contract.
(5) The Vendor shall always issue the customer with an invoice that is provided to the latter on delivery of the goods or in another written form.
§ 4 Delivery and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods shall be delivered to the address specified by the customer. Delivery is made from the Vendor's warehouse.
(2) The Vendor reserves the right to provide part delivery if this seems advantageous for prompt processing and the part delivery is not exceptionally unreasonable for the customer. Additional costs incurred as a result of part deliveries shall not be charged to the customer.
(3) The Vendor reserves the right to withdraw from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the date of delivery and that delivery is not made in whole or in part. This reservation on the grounds of failure to receive delivery shall only apply if the Vendor is not responsible for the failure to receive the delivery. The Vendor is not responsible for the failure of the service if a so-called congruent hedging transaction for fulfilment of the contractual obligations has been concluded in good time with the supplier. If the goods are not delivered, the Vendor shall inform the customer of this circumstance without delay and reimburse any purchase price and shipping costs already paid.
The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over. If the customer is an entrepreneur, in the case of sale by delivery the risk of accidental loss and accidental deterioration of the goods and the risk of delay is transferred when the goods are delivered to the shipping company, the freight handler or other person charged with handling the shipping.
§ 5 Reservation of title
The goods supplied shall remain the property of the Vendor until fulfilment of all claims arising from the contract; if the customer is a legal entity under public law, a special fund under public law or an entrepreneur exercising his commercial or independent professional activities, this extends under the ongoing business relationship until settlement of all claims to which the Vendor is entitled under the contract.
§ 6 Right of retention
The customer is only entitled to exercise a right of retention insofar as the counter-claim is based on the same contractual relationship.
§ 7 Liability for material and legal defects
(1) If defects are present, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
If merchants alone are involved in the contract, sections 377 ff. of the German Commercial Code (HGB) also apply.
(2) Damage caused by improper handling on the part of the customer in the course of setting up, connecting, operating or storing the goods is not grounds for a claim against the Vendor under the warranty.
The customer will find information about proper handling in the manufacturer's descriptions.
(3) Complaints about defects must be made to the Vendor by the customer within a warranty period of two years for new items and one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used items, there is no warranty in respect of entrepreneurs.
The preceding imitations of liability shall not apply if the Vendor fraudulently conceals a defect or has taken over a warranty for the quality of the goods, nor to compensation claims on the part of the customer resulting from physical injury or damage to health because of a defect for which the Vendor is responsible or that is based on intentional or grossly negligent culpability on the part of the Vendor or its vicarious agents.
(4) If defects are present and complaint is made about them in good time, the Vendor is entitled to provide supplementary performance. If the supplementary performance is unsuccessful, the customer has the right to reduce the purchase price or withdraw from the contract Otherwise the statutory provisions apply.
§ 8 Obligations to provide information in the event of damage in transit
If goods are delivered with obvious damage to the packaging or contents, the customer shall make a complaint immediately to the shipping agent/freight service without affecting his warranty rights (section 7) and make contact immediately with the Vendor by e-mail or in another form (fax/post) so that the latter may pursue any claims it may have against the shipping agent/freight service.
§ 9 Exclusion of liability
(1) Outside liability for material and legal defects, the Vendor is liable without limitation if the cause of the damage is the result of malicious intent or gross negligence. It is also liable for minor breaches of principal obligations (obligations, the breach of which puts achievement of the contractual purpose at risk) and for the breach of cardinal obligations (obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on compliance with which the customer normally relies), but in each case only for predictable damage typical of this type of contract. The Vendor is not liable for breaches of other obligations than the above that involve minor negligence.
(2) The limitations of liability in the preceding paragraph shall not apply in the event of loss of life, physical injury and damage to health, of any defect following acceptance of a warranty for the quality of the product or of defects that were fraudulently concealed. Liability under the German Product Liability Act remains unaffected.
(3) If the liability of the Vendor is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
§ 10 Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without specifying the reasons.
The cancellation period is fourteen days from the day on which you or a third party nominated by you, but who is not the carrier, have taken possession of the goods. In order to exercise your right of cancellation, you must inform us, Whirlpools World Outlet GmbH, Römerstraße 158, 78652 Deißlingen-Lauffen, firstname.lastname@example.org, of your decisions to cancel the contract by means of a clear statement (e.g. a letter sent by post, a fax or an e-mail). You may use the sample cancellation form attached below for this purpose, but this is not a requirement.
To comply with the withdrawal period, it is sufficient to send notification of your intention to exercise your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we must refund to you all payments that we have received from you, including delivery costs (with the exception of additional costs that result from the fact that you have selected a form of delivery that differs from the cheapest standard delivery we offer), immediately and at the latest within fourteen days of the date on which the notification of your cancellation of this contract was received by us. For this refund, we will use the same payment method that you employed for the original transaction, unless an alternative has been expressly agreed with you; you will not be charged for this refund under any circumstances. We may refuse to make the repayment until we have received the returned goods or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case at the latest within fourteen days of the day on which you notified us of your cancellation of this contract. To comply with the period, it is sufficient for you to send the goods before the period of fourteen days has expired. You shall meet the direct costs of returning the goods.
You must only pay for any loss of value of the goods if such loss of value is the result of your handling the goods in a way that was not essential to check their quality, properties and functioning.
You can download the Cancellation form here.
§ 11 Offsetting, right of retention, assignment
(1) Offsetting of claims of any sort by the customer is only permitted if such claims are uncontested or have been legally established.
(2) The exercise of the customer's right of retention is excluded insofar as it is not based on the same contractual relationship, unless the counter-claims are uncontested or legally established.
(3) Any claims of the customer in respect of the Vendor and other claims arising from this contractual relationship may only be assigned with the prior written consent of the Vendor.
§ 12 Choice of legislation, place of jurisdiction
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all legal disputes arising from the contract with the Vendor is the location of the Vendor's registered office, although the latter reserves the right to take action against the customer at his general place of jurisdiction. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or the domicile or normal place of residence at the time legal action is taken are not known.
(2) If the customer is not a consumer, it is agreed that German law shall apply, with the exclusion of the UN Convention on the International Sale of Goods. For consumers, this agreement only applies if this does not remove the protection that the binding provision of the law in the state in which the consumer is usually resident provides.
§ 13 Severability clause
Should individual provisions of the contract be invalid or infeasible in whole or in part, or should they cease to be valid or feasible at a later date, the validity of the remainder of the contract is not affected thereby. The statutory provision that comes closest to the purpose of the contract shall take the place of the invalid clause.