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Conditions of Use

General Terms and Conditions of Business


Section 1   Scope

The General Terms and Conditions of Business set out below as valid at the time of ordering apply exclusively to the business relationship between Gelsenkirchener Werkstätten für angepaßte Arbeit gGmbH, Braukämper Str. 100, 45899 Gelsenkirchen (hereinafter referred to as "Gelsenkirchener Werkstätten"), and the customer. Gelsenkirchener Werkstätten do not agree to the application of any contrary terms and conditions of the customer, unless Gelsenkirchener Werkstätten have expressly consented to their application.

 
Section 2   Conclusion of contract

Your order is an offer to us to conclude a purchase contract. If you send an order to Gelsenkirchener Werkstätten, we will send you an e-mail confirming receipt and stating the details of your order (order receipt confirmation). The order receipt confirmation does not mean acceptance of your offer by us but is only to inform you that we have received your order. A purchase contract will be concluded only if we ship the product ordered to you. No purchase contract will be concluded for products which we do not ship to you.

The party to the contract is Gelsenkirchener Werkstätten für angepaßte Arbeit gGmbH.

Gelsenkirchener Werkstätten do not offer products to underage persons.

 
Section 3   Agreement regarding return charges, right of revocation up to 14 days

Agreement regarding bearing of costs: If you exercise your right of revocation, you must bear the regular cost of the return if the goods delivered correspond to your order.

Information about your right of revocation

Right of revocation

You may revoke your declaration of contract in writing (e.g. by letter, e-mail) within 14 days without stating a reason or, if you have received the goods before the end of the 14-day period, also by returning the goods.

The 14-day period starts upon receipt of this written instruction, however, not before receipt of the goods by the recipient (in the case of recurring delivery of goods of the same type not before receipt of the first delivery) and also not before we have fulfilled our duties to inform in accordance with Article 246 Section 2 in conjunction with Section 1 Paragraphs 1 and 2 of EGBGB (Introductory Act to the German Civil Code) and our obligations in accordance with Section 312 e Paragraph 1 Sentence 1 of BGB (German Civil Code) in conjunction with Article 246 Paragraph 3 of EGBGB. To meet the revocation deadline, it will be sufficient to dispatch the revocation notice or the goods in time.

Your revocation has to be sent to:

      Gelsenkirchener Werkstätten

      für angepaßte Arbeit gGmbH

      Braukämperstr. 100

      45899 Gelsenkirchen

 

Consequences of revocation:

In the event of a valid revocation, the mutually received services/goods and any benefit received (e.g. interest) have to be returned. If you cannot or not completely return the services/goods or any benefit received or just in a deteriorated condition, you will have to pay us compensation for lost value. In the case of goods, this does not apply if the deterioration of the goods is exclusively due to their having been inspected by you, as you might have done in a shop. Apart from that, you may avoid the obligation to pay compensation for lost value for any deterioration caused by the use of the goods in accordance with their purpose if you do not use the goods like your own property and refrain from doing anything which impairs their value.

Goods which can be sent by parcel post are returned at our risk. You must bear the cost of the return if the goods delivered correspond to your order.

Obligations to refund payments have to be fulfilled within 30 days. For you, the 30-day period commences upon dispatch of the declaration of revocation or the goods, for us upon receipt.

Special information:

In the case of a service, your right of revocation will expire prematurely if the contract has been fulfilled completely by you and Gelsenkirchener Werkstätten at your express request before you have exercised your right of revocation.

End of information about your right of revocation

 

Section 4   Delivery / shipping charges

Unless agreed otherwise, delivery is made to the delivery address specified by the customer. The website contains information about the available of products. We point out that all information about availability, shipping and delivery of a product is merely prospective and meant to provide an approximate guideline. Such information is not a statement of binding or guaranteed shipping or delivery dates, except where expressly stated as a binding date in the shipping options of the respective product. If, when processing your order, Gelsenkirchener Werkstätten finds that any product you have ordered is not available, we will inform you of this by e-mail. Should Gelsenkirchener Werkstätten without being responsible for this be unable to deliver the goods ordered because our supplier fails to meet its contractual obligations, we will be entitled to cancel the order. In that case, we will without delay inform you that the product ordered is not available. Your statutory rights shall not be affected.

If delivery to the customer is not possible because the customer is not available at the delivery address it has specified, although the customer has been notified of the delivery date in due time, the customer shall bear the cost of the unsuccessful delivery attempt.

A handling fee of €10 applies to orders with a value of less than €75.

Shipping charges: 

DE, BE, NL, A , LU: 9:50 Euro
DK, CH, LI, CZ, FR, GB, IT, SI: 12,50 Euro
PL, SK, SE, IE, HU, ES, PT: 22,50 Euro
FI, EE,  LV,  LT,  NO,  BA, HR, RS: 28,50 Euro
BG, RO, GR, IS: 41,70 Euro
Others: Please send an email request / See: Contact

 

Section 5   Due date and payment, default

The customer may pay the purchase price on account (subject to the provisions of Section 6), by advance payment or by direct debit. New customers may only buy by advance payment. In the case of payment on account and in any other case where there is cause, we will check and assess the data provided by the customer. Gelsenkirchener Werkstätten reserve the right to not offer certain payment methods in an individual case.

If the customer is in default of payment, then Gelsenkirchener Werkstätten shall be entitled to demand interest for default in the amount of 5% per annum on top of the base rate announced by the European Central Bank. Where Gelsenkirchener Werkstätten prove that they have suffered a higher damage caused by default, we shall be entitled to claim such damages.

 
Section 6   Special conditions regarding purchase on account

Payment on account is available only to consumers aged 18 or older. The invoice amount will be due and payable upon receipt of the invoice.

 
Section 7   Set-off, retention

The customer shall have a right to set off only with regard to those counterclaims which have become final or are not disputed by Gelsenkirchener Werkstätten. The customer shall be entitled to exercise a right of retention only to the extent his counterclaim is based on the same contractual relationship.

 
Section 8   Prices

All prices include the statutory value-added tax at the applicable rates which currently are 7% and 19%, respectively.

 
Section 9   Retention of ownership

Goods delivered remain the property of Gelsenkirchener Werkstätten until they have been fully paid.

 
Section 10  Liability for defects

If supplementary performance is made by way of substitute delivery, the customer is obligated to return the goods delivered originally to Gelsenkirchener Werkstätten within 30 days at the expense of Gelsenkirchener Werkstätten. The defective goods shall be returned in accordance with the statutory regulations. Gelsenkirchener Werkstätten reserve the right to claim damages if the statutory preconditions are met.

Gelsenkirchener Werkstätten are liable without limitation where damage is caused due to wilful intent or gross negligence. Moreover, Gelsenkirchener Werkstätten are liable for the negligent breach of fundamental contractual obligations where such breach jeopardises accomplishment of the purpose of the contract and for any breach of a duty the fulfilment of which enables proper performance of the contract in the first place and on which the customer regularly relies. However, in that case Gelsenkirchener Werkstätten are liable only for the foreseeable damage typical for the contract. Gelsenkirchener Werkstätten are not liable for the negligent breach of any obligation other than those specified above.

 

The above limitations of liability do not apply to injury to life, body or health, to defects after assumption of a warranty for the quality of the product and in the case of fraudulent concealment of a defect. Liability under the Product Liability Act shall not be affected.

Where liability on the part of Gelsenkirchener Werkstätten is excluded or limited, such exclusion or limitation shall also apply to the personal liability of employees, representatives and vicarious agents.

 
Section 11  Collection, processing and use of personal data of our customers

Personal data will be stored and used only in compliance with the statutory regulations regarding data privacy. We reserve the right to pass on data to affiliated companies in the context of order processing. To check and monitor the creditworthiness of customers, Gelsenkirchener Werkstätten may obtain information about the customer's financial situation from SCHUFA Holding AG or other credit agencies subject to the provisions of the German Federal Data Protection Act (BDSG). Credit rating data will be provided to credit agencies only in compliance with the statutory provisions (Section 28a BDSG). In all cases, the extent of the data will be limited to the necessary minimum. The customer may at any time object to the use of the data as specified above by notifying Gelsenkirchener Werkstätten für angepaßte Arbeit gGmbH, Braukämper Str. 100, 45899 Gelsenkirchen. We do not market addresses.

 
Section 12  Governing law, place of jurisdiction

These General Terms and Conditions of Business shall be governed by the law of the Federal Republic of Germany. The place of jurisdiction is Gelsenkirchen.

 
Section 13  Final provisions

Should any of the provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The statutory regulations shall apply instead of any invalid provision.

 

 

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