General terms and conditions and client information
I. General Terms And Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you make with us as a supplier (Westfalen Care GmbH) about the website www.westfalencare.de close. Unless otherwise agreed, the inclusion of customer's own conditions.
(2) Consumers in the sense of the following regulations is every natural Person who concludes a legal transaction for purposes which can predominantly neither their commercial nor their independent professional activity. Entrepreneur is any natural or legal Person or a legal partnership, in concluding a legal transaction, is exercising its independent professional or commercial activity.
§ 2 conclusion of the contract
(1) The subject of the contract is the sale of Goods .
(2) With the Setting of the respective product on our website, we provide you with a binding offer for the conclusion of a contract via the Online-shopping cart system to the specified in the item description, conditions, and.
(3) The contract is concluded via the Online shopping cart system as follows:
The Goods intended for purchase be placed in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make Changes at any time.
After Calling up the "checkout" page and entering your personal data and payment and shipping conditions are displayed in conclusion, the order data as an order overview.
If you use as a method of payment, an Immediate payment System (e.g. PayPal / PayPal Express, Amazon-Payments, sofort), you will be led either on the order summary page in our Online Shop or on the website of the provider of the instant number-system.
You will be redirected to the relevant Instant payment System, make the appropriate selection or input of your data. Finally, you are on the website of the provider of the instant number-system or after they have been returned in our Online store the displayed order data as an order overview.
Before submitting the order, you will have the opportunity to review the information in the order summary once again, to change (also via the function "back" of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation) you declare legally binding the acceptance of the offer, whereby a contract comes into effect.
(4) Your enquiries regarding the creation of an offer are not binding. We will make this a binding offer in written form (e.g. by E-Mail), which you can accept within a period of 5 days (to the extent that in the respective offer of any other period is shown).
(5) The execution of the order and Transmission of all in connection with the conclusion of the contract, the necessary information is sent via E-Mail, in a partially automated. You therefore have to ensure that you provided to us in your E-Mail address is correct, the receipt of the respective E-Mails is technically assured and especially not by a SPAM Filter is prevented.
§ 3 special agreements related to the offered payment methods
(1) SEPA debit note (base and/ or corporate debit note)
In the case of payment by SEPA direct debit or via SEPA direct debit, you authorise us, by issuing a corresponding SEPA mandate, the invoice amount from the specified account.
The debit will be made within 3-7 Days after the conclusion of the contract.
The deadline for the Submission of the Pre-notification (Pre-Notification) will be shortened to 5 days before the due date. You are required to provide sufficient funds in the account by the due date. In the event of a chargeback due to your negligence, you have to pay the incidental Bank charge.
§ 4 right of retentionTitle
(1) A lien can only exercise if it concerns claims from the same contractual relationship.
(2) The goods remain until full payment of the purchase price of our property.
(3) You are a businessman, the following conditions also apply:
a) We retain ownership of the goods until complete settlement of all claims arising from the ongoing business relationship. Prior to the transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) you can sell the goods in the ordinary course of business. For this case, you already now all claims in the amount of the invoice amount that accrue from the sale, to us, and we accept the cession. Furthermore, you are authorised to collect the claim. As far as you meet your payment obligations properly, we reserve the right, however, to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the securities upon Request of the customer 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 incumbent on us.
§ 5 warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to check for the cause immediately upon delivery for completeness, obvious defects and transport damage and to us and the forwarder of any complaints as soon as possible. If you do not, this will have no effect on your legal warranty claims.
(3) If you are an entrepreneur, by way of derogation from the aforementioned warranty regulations:
a) As the nature of the goods, only our own information and the manufacturer's product description as agreed, but no other advertising, promotions and public Statements of the manufacturer shall apply.
b) In the case of defects, we, at our option by repair or replacement. The defect is not removed, you can demand a reduction in price or withdraw from the contract. The defect removal is applicable after an unsuccessful second attempt as failed, if not particular about the type of the object and / or defect or other circumstances indicate otherwise. In case of repair, we must not bear the additional costs, which arise from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from the date of delivery of the goods. The shorter Period does not apply to:
– for us, attributable culpably caused damages resulting from injury to life, body or health and in the case of intent or gross negligence caused other damage;
– insofar as we have fraudulently concealed a defect or has given a guarantee for the condition of the item;
– in the case of goods which are in accordance with their normal use for a building and which have caused the defectiveness;
– for statutory recourse claims, which you have in connection with warranty rights against us to handle.
§ 6 Choice Of Law, Place Of Fulfilment, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as this is through mandatory provisions of the Law of the state of the habitual residence of the consumer protection granted is not withdrawn (Favourability).
(2) The place of performance for all services arising from the existing business relations, as well as the place of jurisdiction is our registered office, if you are not a consumer, but a businessman, a legal entity of public Law or a public-law special Fund. The same applies if you do not have a General place of jurisdiction in Germany or the EU or the domicile or habitual residence at the time the complaint is not known. The power of the court in another legal jurisdiction remains unaffected.
(3) The regulations of the UN right of purchase shall expressly not apply.
II. customer information
1. The identity of the seller
Westfalen Care GmbH
Paderborner Str. 44
33181 Bad Wünnenberg-Haaren
Phone: 02957 / 21 799 60
Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court Online dispute resolution (OS platform), accessible https://ec.europa.eu/odr.
2. Information on the state of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.) come.
3. The Contract Language, Contract Text Storage
3.1. The contract language is German .
3.2. The complete text of the contract is not stored by us. Before submitting the order via the Online – shopping cart system you can print the contract data via the print function of the browser or saved electronically. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re by E-Mail to you.
3.3. For quotation requests outside of the Online shopping cart system, you will receive all the contract data lying within the framework of a binding offer in the form of text sent, e.g. via E-Mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We have us, subject to the käufersiegel quality criteria of händlerbund Management AG, can be viewed at: https://www.haendlerbund.de/
5. Main features of the product or service
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment arrangements
6.1. In the respective offer prices and shipping costs represent total prices. They include all the price components, including all the incidental taxes.
6.2. The shipping costs are not included in the purchase price. They are via an appropriately designated button on our website or in the respective offer callable, will be shown in the separately during the ordering process and are to be borne by you in addition, unless the free shipping delivery is promised.
6.3. Costs incurred for the transfer of funds (Bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases in which the delivery member state in the EU, the payment was initiated outside the European Union.
6.4. The available methods of payment are shown under a correspondingly-named button on our website or in the respective offer.
6.5. To the extent that the individual payment methods not otherwise specified, the payment claims from the concluded contract are immediately due for payment.
7. Delivery terms and conditions
7.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly-named button on our website or in the respective offer.
7.2. If you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipping only passes with the Transfer of the goods to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently a non-entrepreneurs unnamed transport company or an otherwise been appointed to execute the dispatch certain Person.
Are you an entrepreneur, the delivery and shipping is at your risk.
8. The Statutory Liability For Defects Law
The liability for defects is governed by the "warranty" provision in our General terms and conditions of business (part I).
These sbts and customer details were created by the specialized in IT law lawyers work for the händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. For more information, see: https://www.haendlerbund.de/
last update: 27.10.2020