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Terms and Conditions

As of 01.08.2017

1. Scope

The following GTC shall apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who completes a legal transaction for purposes that cannot be attributed to their commercial or independent business activity on the whole. An entrepreneur is a natural or legal person or partnership with legal capacity who is practising their commercial or independent business activity when completing a legal transaction.

With regard to entrepreneurs, these GTC shall also apply to future business relations without this having to be pointed out to them again. If the entrepreneur uses any contradictory or supplementary General Terms and Conditions of Business, their scope is hereby objected to; they shall only become part of the contract if we have expressly consented to this.

2. Contractual Partner, Conclusion of Contract

The purchase contract shall be entered into with Käthe Wohlfahrt KG.

binding offer, but rather an unbinding online catalogue. You can place our products in the shopping cart without any obligation first of all and correct your entries at any time before submitting your binding order by using the provided and explained proofing tools during the order process. By clicking the Order button you are submitting a binding order for the goods in your shopping cart. Receipt of your order is confirmed by an automated e-mail sent immediately after your order is submitted.

When the contract comes into force with us, it is based on the mode of payment you chose, provided the products are available for delivery. Most articles are genuinely made by hand. With high demand it may therefore lead to a delay in delivery in individual cases. If in exceptional cases we cannot fulfil your order request, you will receive notification from us. Shipping is free for the subsequent delivery.

In the case of clerical or printing errors contained in our order confirmation, or should our prices be subject to technical transmission errors, we have the right of appeal. Any payments already made will be reimbursed to you immediately.

Invoice, credit card
We accept your order by sending a separate notice of acceptance by e-mail or by delivering the goods within two days.
Payment in advance
We accept your order by sending a separate notice of acceptance by e-mail within two days, in which we provide you with our bank details.
PayPal
During the order process you are forwarded to the PayPal website. You can enter your payment details and confirm your payment instruction to PayPal there. After the order is submitted in the shop, we ask PayPal to initiate the payment transaction and therefore accept your offer.

3. Contractual Language, Storage of Contract Details

The languages available for conclusion of contract are German, English and French.

We save the contract details and send the order details and GTC to you by e-mail. You can read the GTC here on this page at any time. Your previous orders are no longer accessible online for security reasons.

4. Delivery Terms and Conditions

In addition to the stated product prices, shipping costs shall be added. You can find out more details about the shipping cost amounts from the offers.

Here is an excerpt:

Germany 3,95 €
Australia 46,95 €
Austria 9,95 €
Belgium 9,95 €
Canada 39,95 €
China 39,95 €
Denmark 9,95 €
Finland 14,95 €
France 9,95 €
Greece 24,95 €
Hong Kong 39,95 €
Ireland 14,95 €
Italy 14,95 €
Japan 39,95 €
Luxembourg 9,95 €
Mexico 39,95 €
New Zealand 46,95 €
Netherlands 9,95 €
Norway 24,95 €
Poland 21,95 €
Portugal 17,95 €
Russia 46,95 €
Spain 14,95 €
Sweden 14,95 €
Switzerland 17,95 €
Hungary 21,95 €
United Kingdom 9,95 €
United States 39,95 €

We only deliver by shipping. We are sorry but it is not possible to collect the goods yourself.

There is no delivery charge for goods with a value of over €250.00 to EU countries.

In non-EU countries, delivery does not include VAT or shipping costs. With deliveries to non-EU countries, additional customs, taxes and charges apply.

Delivery within Germany is by DHL. Deliveries abroad are handed over to the respective destination country’s national parcel service.

5. Payment

The following modes of payment are always available in our shop:

Payment in advance
When selecting the payment in advance mode of payment we send you our bank details separately by e-mail and deliver the goods once payment has been received.
Available for the following countries: Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Great Britain, Ireland, Iceland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Spain, Czech Republic, Hungary and Cyprus.

Credit card
When submitting your order you send us your credit card details at the same time. We book the amount when the order has been completed. It is booked when the goods are sent. The payment transaction is automatically carried out by the credit card company and your card is debited.
We accept the following credit cards: Visa, Mastercard, Diners, JCB and American Express.

PayPal
During the order process you are forwarded to the PayPal website. To be able to pay the invoice amount using PayPal you have to be registered there or must register first, identify yourself with your login details and confirm your payment instruction to us. After the order is submitted in the shop, we ask PayPal to initiate the payment transaction. You receive more information during the order process.
The payment transaction is automatically carried out by PayPal straight afterwards.

Invoice
Provided that the credit check is successful. You receive the invoice with the ordered goods which you then pay within 14 days. With a different delivery address you receive the invoice by e-mail.
Available for the following countries: Just Germany.

6. Reservation of Ownership

The goods shall remain our property until payment in full.
This shall also apply to entrepreneurs: We shall reserve the ownership of the goods until all claims resulting from a current business relationship have been settled in full. You may resell the goods subject to reservation of ownership in the ordinary scope of business: you shall assign any claims resulting from the resale to the amount of the corresponding invoice amount to us, regardless of any combination or mixing of the goods subject to reservation of ownership with a new object, and we shall accept this assignment. You shall remain authorised to collect the receivables but we may also collect the receivables ourselves if you default on your payment commitments.

7. Transport Damage

This shall apply to consumers:
If goods are delivered with obvious transport damage, please lodge a complaint regarding such defects with the delivery agent immediately, if possible, and please contact us straight away. The failure to lodge a complaint or contact us shall not result in any consequences concerning your legal claims or the enforcement of those claims, especially not with regards to warranty claims. However, you shall be assisting us in being able to validate our own claims toward the carrier or transport insurance company.

This shall apply to entrepreneurs:
The risk of accidental loss or accidental impairment shall be transferred to you, as soon as we have delivered the item to the forwarder, carrier or any other person or establishment intended to carry out the shipping. The obligation to inspect the goods and give notice of defects regulated in Art. 377 of the German Commercial Code shall apply among business people. In the event that you should default on such notification, the goods shall be considered to have been approved, unless it is a fault that was not recognisable during the inspection. This shall not apply if we have maliciously concealed the defect.

8. Warranty and Guarantees

All goods from our shop are subject to legal warranty law.

The statutory warranty period is 2 years and starts with handing over the goods. During this period any faults that are under the statutory warranty obligation shall be repaired free of charge. Your warranty claims shall initially be restricted to supplementary performance. In the event that supplementary performance fails, you shall have the choice of a right to withdraw from the purchase contract or a reduction in the purchase price.

Customer service: You can reach our customer service for queries, complaints and notices of defects on weekdays from 9.00 a.m. to 6.00 p.m. on phone number 0800-4090150 (free of charge) as well as by e-mail at service@wohlfahrt.com.

9. Product Information

As most our articles are handmade, there are slight differences in colour, detail and size. Please note that your computer settings may possibly cause differences in the article’s representation or colour.

10. Liability

For claims as a result of damage caused by us, our legal representatives or agents, we shall in any case be liable without limitation for

  • Loss of life, physical injury or damage to health,
  • Wilful and grossly negligent breach of duty,
  • Warranty promises, where agreed, or
  • If covered under the scope of the German Product Liability Act.
In the case of a breach of essential contractual obligations which are indispensable for the fulfilment of the contract purpose and which the contractual partner must therefore be able to regularly rely upon, (cardinal obligations), due to slight negligence by us, our legal representatives or agents, the liability shall be limited to such damages that were foreseeable at the time of the conclusion of the contract, which have to be typically reckoned with. All further claims for damages shall be excluded.

11. Verhaltenskodex

We are subject to the following codes of conduct: Trusted Shops quality criteria:
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf

12. Dispute Resolution

The European Commission provides a platform for the settlement of online disputes (OS platform) under the link http://ec.europa.eu/consumers/odr/.
We are prepared to take part in extrajudicial arbitration proceedings in front of a consumer arbitration board.
The Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible for this.

13. Final Provisions

German law excluding the United Nations Convention on Contracts for the International Sale of Goods shall apply to the order, delivery and any claims resulting from them. With orders from customers abroad, the mandatory provisions or protection granted by case law in the respective country of residence shall remain unchanged and be applied accordingly.

If you are an entrepreneur then German law shall apply with the exclusion of the UN Convention on the International Sale of Goods.

If you are a merchant in terms of the German Commercial Code, a legal entity of public law or of special fund under public law, the exclusive court of jurisdiction for all disputes resulting from contractual relationship between us and you is our place of business.