Terms of service
A. General Selling Terms and Conditions of the www.hi-werns.com online store;
B. Terms and conditions for prize draws
C. Discount vouchers and coupons
Sect. 1 Scope
(1) The present General Terms and Conditions of Sale (hereinafter “GTC”) apply to all contracts concluded via our Internet store between us, WERNS GmbH, represented by its managing directors Werner Voß and David Voß, Feldstiege 60, 48161 Münster, email: say@hi-werns.com and you as our customer. In our online store we generally only sell products to consumers.
(2) All and any understanding, agreements or arrangements made between you and us in relation to the purchase contract are set out in the present terms and conditions of sale, our written order confirmation and our notice of acceptance.
(3) The version of the GTC in effect at the time of the conclusion of the contract shall be authoritative.
(4) We do not accept any deviating terms and conditions of the customer. The foregoing shall apply even if we do not expressly object to their incorporation.
Section 2 Conclusion of contract
(1) Displaying and advertising items in our online store does not constitute a binding offer to conclude a purchase contract.
(2) Orders placed via the online shop by clicking the button "order subject to payment" are legally binding. You are bound to each order for a period of two (2) weeks from the date of placing the order; your right to revoke your order, if any, under § 3 shall not be affected.
(3) We will promptly send an email to confirm receipt of each order. Such emails do not constitute binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is expressly declared in the same email.
(4) Each contract is concluded only upon our sending a notice of acceptance of the relevant order or by delivery of the ordered items.
(5) Delivery orders may be subject to a minimum order value. The minimum order value is stated in the price information provided in our online store.
(6) If it is not possible to deliver ordered goods, for example because the relevant goods are not in stock, we will not send a notice of acceptance of the order. In this case, no contract is concluded. We will inform you immediately and will promptly refund any payment we already received from you.
Section 3 Cancellation right
(1) If you are a consumer (meaning a natural person submitting an order for a purpose that can be attributed neither to your commercial nor your freelance/self-employed profession) you have the right to cancel your order according to the provisions of law.
(2) If you exercise your cancellation right under (1) you shall bear the regular costs of the return shipment.
(3) In all other regards the cancellation right shall be subject to the provisions set out in herein-below in the
Legal Notice - Cancellation right
Cancellation Right
You have the right to cancel this contract within thirty days, no statement of reasons required.
The cancellation period is thirty days from the date on which you, or a third party nominated by you who is not the carrier, have or has taken possession of the goods.
To exercise your cancellation right you must inform us, WERNS GmbH, represented by its managing directors Werner Voß and David Voß, Feldstiege 60, 48161 Münster, email: say@hi-werns.com, by means of an explicit and unambiguous notice (e.g. letter sent by mail, facsimile or email) of your decision to cancel this contract. You can use the attached sample cancellation form, which however is not mandatory. You can fill in and submit the sample cancellation form, or any other explicit and unambiguous notice, directly on our website electronically (enter the internet address). If you make use of this option we will immediately send you a confirmation (e.g. by email) of our receipt of the cancellation notice.
To observe the cancellation period, it is sufficient to exercise the cancellation right prior to the end of the cancellation period.
Consequences of cancellation
In the event that you cancel the contract, we will refund all payments we received from you, including shipment costs (save for any additional costs that may arise if you have chosen a type of shipment other than the most economic standard type of shipment we offer), without undue delay and at the latest within fourteen days from the date of our receipt of your notice of cancellation of this contract. We will use the same means of payment for the refund that you used for the original payment, unless expressly agreed otherwise with you; in no case will you be charged for the refund. We have the right to refuse to make the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You are obliged to return or hand over the goods to us without undue delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The time limit shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
We bear the costs for returns with the shipping method provided by us. You bear the costs for any other returnmethod.
You shall compensate a deterioration in the value of the goods only if such deterioration in value is due to the goods being handled in a way that is not necessary for testing the quality, characteristics and functioning of the goods.
- End of Legal Notice Cancellation Right-
(4) The cancellation right does not apply to distance contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or the expiry date of which would be exceeded.
Sample cancellation form
(If you wish to cancel the contract, please complete and send us this form.)
–To [please enter: name, address and, where adequate, the fax no. and email address of company]:
–I/We (*), hereby cancel the contract I/we concluded on (*) for the purchase of the following goods (*) / the provision of the following services (*): ________________,
–ordered on (*) / received on (*).
–name(s) of the consumer(s)
–addresse(s) of the consumer(s)
–signature(s) of the consumer(s) (only in case of a notice on paper/by letter)
–date
__________
(*) delete as appropriate.
Section 4 Terms of delivery and reservation of advance payment
(1) We have the right to make partial deliveries only if the partial delivery is usable for the customer within the scope of the purpose of the contract, if delivery of the remaining ordered goods is ensured and if the customer does not incur any significant additional expenses or costs as a result of such partial delivery.
(2) The delivery period is approximately 1-2 working days in mainland Germany (excluding islands) and approximately 2-7 working days abroad (excluding islands), unless otherwise agreed. It begins - subject to the provisions set out under para. (3) – on the date of the conclusion of the contract.
(3) In the case of orders made by customers whose place of residence or business is in Germany or Austria, we reserve the right, in the event that there are founded reasons to believe there is a risk of non-payment, to deliver only after receipt of payment of the purchase price plus shipping costs (“Advance Payment Reservation”). If we make use of the Advance Payment Reservation, we will inform you without undue delay. In that case, the delivery period shall commence upon payment of the purchase price and the shipping costs.
(4) If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service/goods to be provided), we will inform you without undue delay and at the same time inform you of the prospective new delivery period. If the goods/service are/is not available within the new delivery period either, we shall have the right to withdraw from the contract in whole or in part; any payment already made by you will be refunded without undue delay. Non-availability of the service/goods for the purposes of this clause includes, without limitation, failure of our supplier to deliver on time where we have made a congruent covering transaction and neither we nor our supplier are at fault for such failure or we are under no procurement obligation in the individual case.
Section 5 Prices and shipping costs
(1) All prices displayed in our online store are gross prices including the legal value added tax and excluding shipping costs.
(2) The shipping costs are listed in the price information provided in our online store. The price including VAT and applicable shipping costs will be displayed to you in the order form before you submit the order.
(3) In case we fulfil your order by partial delivery (Section 4 (1)), you will be charged shipping costs for the first partial delivery only. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) In the event that you effectively cancel the contract in accordance with Section 3, you may, under the conditions of law, claim reimbursement of any costs you already paid for shipment to you (sending costs (German: Hinsendekosten)) (for all other consequences of cancellation see Section 3 (3)).
Section 6 Terms of payment, set-off, and retention rights
(1) The purchase price and the shipping costs are due payable within two (2) weeks of receipt of our invoice at the latest.
(2) We offer the following (country-specific, if applicable) payment options for payment of the purchase price and any shipping costs incurred.
Payment by credit card
IDEAL
KBC / CBC Payment (Belgium)
Belfius Direct Net (Netherlands)
Przelewy24 (Poland)
Giropay (Germany)
EPS (Austria)
SEPA transfer
SEPA debit charge
Bancontact (Belgium)
Credit and Debit Card
Apple Pay
Klarna Invoice, Klarna installment plan, Klarna pay now, Klarna instant transfer (- Bank transfer to our bank account stated in the online shop (Sofortüberweisung)
in3 installment plan
- Paypal
In the case of payment by debit or credit card, we will arrange for your account to be debited no earlier than by the date stipulated in para. (1).
(3) You do not have the right to set-off claims against our claims unless your claims are res judicata or undisputed. You also have the right to set-off claims against our claims if you invoke notices of defects or counterclaims arising from the same purchase contract.
(4) As the buyer, you may only exercise a retention right if your counterclaim arises from the same purchase contract.
Section 7 Reservation of title
We reserve full title to the delivered goods until the purchase price has been paid in full.
Section 8 Liability for defects
We are liable for defects in title or in quality pursuant to the provisions of applicable law, in particular but no limited to sections 434 et seqq. BGB. The limitation period for claims for defects according to the law is two years and starts running on the date of delivery of the goods.
Section 9 Liability
(1) We are liable to pay compensation or reimburse futile expenses to you for willful intent and gross negligence pursuant to the provisions of law in all cases of contractual and non-contractual liability.
(2) In other cases, we shall only be liable - unless provided otherwise in para. (3) - in the event of a breach of an obligation arising from the contract, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation); in these cases our liability shall be limited to compensation for foreseeable and typical loss and damage. In all other cases, our liability is excluded, subject to the provisions under para. (3).
(3) Our liability for loss or damage arising from injury to life, limb or health and under the Product Liability Act shall not be affected by the above limitations and exclusions of liability.
Section 10 Copyrights
We hold all copyrights to all and any pictures, films and texts displayed in our online store. Use of the images, films and texts is not permitted without our express prior consent.
Section 11 Governing law and Alternative dispute resolution
(1) This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of placing your order, the application of mandatory legal provisions of such country shall not be affected by the choice of law made in sentence 1.
(2) Dispute resolution: The EU Commission has created an Internet platform for settling disputes online. The platform functions as a contact point for the out-of-court settlement of disputes relating to obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
B. Terms and conditions for prize draws
C.
Discount vouchers (purchased by the buyer or a third party) are only valid with their respective discount code. Discount codes are transferrable unless otherwise specified. The code may only be used for orders on hi-werns.com and only within the specified period. Certain products may be excluded. Unless otherwise specified, only one code per product and/or order is permitted. Use is only permitted upon completion of the ordering process. The value of the discount cannot be claimed and paid out without an order. The remaining value of the gift voucher will remain on the voucher. If the contract – for whatever reason – is reversed, WERNS will retransfer the discount portion of the voucher used. The discount does not apply to possible shipping costs.
WERNS GmbH reserves the right of rejection in cases of use or attempted use of discounts contrary to the above rules or our General Terms and Conditions. Our privacy policy applies (https://www.hi-werns.com/Service-Impressum-etc./Datenschutz/)