All business relationships between Horst Wanschura GmbH, Kronprinzstraße 28, 70173 Stuttgart – hereinafter referred to as vendor – and the orderer – hereinafter referred to as buyer – shall exclusively be subject to the following General Terms and Conditions in the version which has been valid at the time of placing the order by the buyer.
Any deviating terms and conditions of the buyer do not apply, unless the vendor has expressly agreed to their validity in writing.
2. Conclusion of the Contract
The presentation of the goods in the online shop of the vendor does not constitute a binding offer for the conclusion of a contract. It rather constitutes a non-binding invitation to the buyer to submit an offer to buy to the vendor.
An offer to buy is submitted by the buyer to the vendor by making a request of the goods displayed in the online shop of the vendor.
An order of the goods presented in the online shop comprises the following steps:
a) Selection of the desired goods by clicking on the respective product.
b) Adding the goods to the inquiry list by clicking the button “Add to List”.
c) Selection of the desired size and quantity and filling out the contact form.
d) Send the desired inquiry list by confirmation of acknowledgement of the Gerneral Terms and Conditions and the data protection policy oft he vendor by clicking the button “Send Inquiry”.
e) Waiting for the answer of the vendor.
f) If desired goods are available, the vendor will arrange payment and shipping.
g) Legally binding submission of the order implying an obligation to pay by transfering the amount on the vendors bank account.
When the buyer places an order with the vendor and the payment amount is on the bank account of the vendor, he immediately receives a confirmation of the order via e-mail. If the goods cannot be delivered at all, the vendor rescind from an order confirmation. A contract does not materialize in this case. Payments already rendered by the buyer will be reimbursed immediately.
4. Conditions of payment
The buyer can pay for the order by PayPal or advance payment. Any other means of payment is only possible after an express agreement with the vendor in writing.
5. Delivery / Shipping costs
Shipping of the ordered goods is performed by the vendor via UPS Standard.
The delivery of the goods will take place to the delivery address provided by the buyer.
After order confirmation the delivery takes place:
- to addressees in Germany within 1–3 days,
- to addressees in other European states within 2 – 7 days,
- to all other addressees within 4 – 10 days.
The delivery timeframes are merely indicative guidelines provided by the deliverer (UPS) and do not constitute binding delivery dates.
The buyer has to pay the following additional shipping costs:
- for deliveries to Germany 5,- €,
- for deliveries to EU European states 15,- €,
- for deliveries to Non-EU European states 20,- €,
- for deliveries to all other countries 35,- €.
For deliveries to countries other than Germany, additional fees (tax, customs, import duties) may be levied by the local governing authorities. These further costs shall be borne by the customer. Failure to pay these costs will result in the package being returned to sender. All costs incurred by the vendor for the package’s return shipment will be deducted from the total amount refunded.
Items will be shipped from Berlin, Germany with official documentation declaring the exact total of all merchandise purchased in EU euros, as well as the country of origin for each item.
The goods ordered by the buyer are insured up to a value of 510 € by the vendor. An insurance of the ordered goods exceeding the amount of 510 € by the vendor or shipment with another deliverer (other than UPS) or another means of shipment will only be possible after an individual agreement in writing with the vendor.
All prices quoted in the online shop of the vendor include the statutory value added tax applicable at the time.
7. Reservation of proprietary rights
The goods remain the property of the vendor until the payment is made in full.
8. Set off / withhold
The purchaser is entitled to offset only insofar as the purchaser’s claim is undisputed, disputed but ready for decision or assessed in a legally binding judgment. The customer shall be entitled to enforce a right of retention only against counter-claims under the same contract.
9. Warranty rights / Costs for returning goods of withdrawal
The statutory warranty rights shall be valid. Buyers have to bear the costs of reconsignment.
10. Data protection
The contract language is German.
12. Applicable law
The contractual relationship between the vendor and the buyer shall be governed by the law of the German Federal Republic to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. Excluded from the choice of law are the strict stipulations of the customer protection law of the country, where the customer has his habitual residence.
Place of jurisdiction for all disputes arising from the contractual relationship between the vendor and the buyer is the seat of the vendor, in as far as the buyer is a merchant, a legal person under public law or special fund under public law.
13. Severability clause
Should one or more of these General Terms and Conditions be or become invalid, this does not affect the validity of the remaining provisions of the General Terms and Conditions.