General Terms and Conditions
for Mr. Dietmar Posledni, trading under steelworxx, Sandberg 82, D-06528 Blankenheim, Germany, www.steelworxx.de,
Tel.: +49 34659-61698, Fax: +49 34659-619967, e-mail: email@example.com (contractual partner; follow "we /us")
Valid as of: June 2014
I. Validity of these terms and conditions; exclusion of other terms and conditions
All deliverables and performance by Dietmar Posledni/steelworxx are carried out on the basis of the following terms and conditions.
They are valid subject to individual arrangements and agreements which take precedence over these terms and conditions.
Other terms and conditions will not be recognised and do not constitute part of this contract; this applies particularly to such terms and conditions which extend beyond these terms and conditions.
The AGB are available to download and print.
II. Formation of the contract; steps for concluding a contract; saving the wording of the contract, language of the contract
1. Formation of the contract
The products offered by us on the Internet (through the website www.steelworxx.de and other sites), in catalogues, brochures etc. do not commit you to ordering products through Dietmar Posledni/steelworxx.
By ordering the requested goods on the Internet (www.steelworxx.de), by e-mail (firstname.lastname@example.org), by fax (+49 34659-619967) or by phone (+49 34659-61698) you make a sales contract proposal for the products which you have selected.
We will promptly confirm your order (usually by e-mail); this, however, is not an acceptance of your contract proposal.
We will then promptly check your order. If we can execute and accept this order, you will receive order confirmation within one working day by e-mail. If you do not receive an order confirmation from us within this time period, no contract has been concluded between you and me. Usually we will notify you if we are unable to fulfil your order.
2. Steps for concluding a contract; correcting input data errors
a. Ordering through our online shop at www.steelworxx.de:
1. Click on the desired item on our product pages and enter size, if necessary, and quantity. You can place the desired item into your virtual shopping cart by clicking on the corresponding button.
2. Bring up your shopping cart by clicking on Shopping Cart . The desired item appears showing the unit price and the number of units. Please check this information and correct if necessary.
You can now continue shopping by clicking on the corresponding button or proceed to the check out.
3. If you already have a customer account, you can log in with your e-mail address and password. If not, you can open a new customer account or continue your purchase without a customer account.
You can correct your entries at any time on subsequent pages by clicking on the Back button or using your browsers go back function. Click on Continue to move to the next page and continue your purchase.
5. Choose your payment method. You can choose between paypal-transfer or bank-transfer. You can enter additional information about your order in the box reserved for remarks. Please confirm that you accept our terms and conditions by ticking the appropriate box after you have read and understood these. The AGB are available to download and print.
6. Check your order details on the next page and confirm your order, if your information is complete and correct. With confirming the button "buy" you send us an obligatory offer for sale with costs.
7. After making your purchase, you will automatically receive an e-mail confirming our receipt of your order.
8. If we are able to carry out your order, you will also receive an e-mail within one workday confirming the order (acceptance of your offer to enter into a contract) from us.
b. Ordering by phone, e-mail or fax:
1. Please indicate your full name, delivery address, different billing address if applicable, preferred method of payment and preferred method of shipment.
2. Indicate the item (item number), quantity, size where applicable, and any other details about the item.
3. We will promptly confirm the receipt of your order, usually by e-mail (this is not considered an acceptance of your contract proposal)
4. If we are able to fulfil your order, you will receive order confirmation within one working day (acceptance of your contract proposal) by phone, fax or e-mail.
3. Saving the wording of the contract
We saves the text of the contract concluded with you only as is necessary for tax and similar purposes. The wording of the contract, however, can no longer be called up after the ordering process is completed. The order acceptance and order confirmation, which contain all terms and conditions of the contract including these terms and conditions, should be printed out and filed.
4. Language of the contract
The sole contract language is German. If we provides these terms and conditions or other contract terms and conditions in another language, only the German wording of the general terms and conditions and contract terms and conditions is valid in the case of any deviations in content.
III. Object of the contract, workmanship, warning notice and disposal notice
1. Object of the contract / prices
The products, work performance and services specified during the ordering process and named in the order confirmation are the object of the contract. Their final prices include statutory VAT and exclude packaging and shipping and can be found on our website, in our brochures and price lists, and in our shops.
For customized items, the price is determined by a cost estimate made before conclusion of the contract.
Additional duty, taxes, fees and similar may be accrued on foreign orders, particularly on orders from outside Europe. These additional fees are not included in the prices stated and are to be borne by you. Please look into this matter accordingly, particularly with your customs agents.
2. Workmanship of the object of the contract
We hand make all of the products made of steel and stainless steel. These are individual pieces which can vary slightly in their surface quality and processing. These items are made only after confirmation of the order.
For products made of leather, it should be noted that leather is a natural material which is subject to variation in terms of quality, feel, colour, surface etc. Some of these products are also individually crafted and certain irregularities may occur during processing. Please observe care instruction where applicable.
For technical reasons, the images of all of our products on our website and other images (catalogue etc.) may vary slightly to the actual product. Colours may particularly differ from the actual colour of the products depending on your computer and/or monitor, lighting (daylight, artificial light etc.) and other factors.
3. Application and warning notice; not suitable for children
We would like to point out that all of the delivered products may only be used for the purpose intended so as to exclude endangering your body and health. Please observe unconditionally the enclosed instructions for use!
Our products must be used within the presence of another person. Products may only be used on another person with their express consent and not against their will.
Please consult a physician before deciding on our products, in particular in the case of tissue inflammation, skin or yeast infection, inflammation, or heart or circulatory disease.
When using our products, please ensure sufficient manoeuvrability in the genital area and on other parts of the body. Ensure that every type of constriction is avoided when wearing the products, so that blood can constantly circulate.
For hygienic reasons and to avoided damaging your health, we recommends cleaning every day the products that are worn. Otherwise there is an increased risk of damaging your body, particularly with tightly fitting products.
Unauthorised altering or modifying of the products can also lead to increased endangerment to your body and health.
We and our employees are in no way liable for damage to body, health or otherwise, through improper use of the product. Use of our products is at your own risk. The regulations of the Product Liability Act remain unaffected.
Our products are not toys and are not suitable for children and minors. We expressly remind you that giving our products to children and minors, and the use of our products by/on children and minors is prohibited.
4. Disposal notice:
Electrical and electronic devices may not be disposed of in household waste. As the owner of such a device, you are obligated to keep them separated from unsorted municipal waste (household waste). As a consumer you can take your old electrical and electronic devices to a communal collection point free of charge. The manufacturers must take back the devices collected there and dispose of them.
Some of our products come with batteries and/or rechargeable batteries which also may not be disposed of in the household waste. These batteries are labelled with a crossed-out waste bin. Below this is the chemical symbol for the heavy metal which is decisive for classifying it as containing a contaminate (Cd for cadmium, Hg for quicksilver or PB for lead). As a consumer, you are legally obligated to turn back in used batteries. You can take these for proper disposal / recycling to the public collection points in your community, or wherever batteries are sold. Or you may send them or bring them back to us.
IV. Manufacturing, shipment and delivery
We custom manufactures the products your order as soon as a contract governing the order is effective concluded.
The product is shipped immediately after manufacture and receipt of payment (in advance) to the delivery address you indicated.
Products which are immediately ready for delivery (on stock) are indicated as such on our product pages. Immediate delivery is only possible if in stock.
We assume shipment risk and the product is shipped insured and in neutral packaging.
The product is delivered 4 weeks after conclusion of contract, depending on mail delivery time and the point at which the product is ready to ship. The latter depends on the scope of the order.
V. Payment, ownership, set-off, right of retention
Payment can be made in advance or as cash on delivery.
If you choose to pay in advance, please transfer the purchase price plus shipping fees within 5 days after concluding the contract to the account stated in the order confirmation: Dietmar Posledni, Postbank Leipzig, routing number 860 100 90, Account no. 314 27 909, BIC: PBNKDEFF, IBAN: DE 258 601 009 000 314 279 09
In the case of a COD, payment is made upon handover of the shipment. Currently an additional fee of 2.00 EUR will be charged which you will pay directly to the deliverer.
The products which we deliver remain our property until they have been fully paid for.
3. Set-off and right of retention
You may only set off with counterclaims which are established by a court of law, are uncontested or are recognised by us in writing.
You have the right of retention when such claims are derived from the same contractual relationship.
VI. Cancellation policy
Right of withdrawal
You have the right to withdraw from the contract within fourteen days without giving reasons.
The withdrawal period is fourteen days starting on the day on which you, or a third party acting on your behalf, who is not the carrier, took possession of the final item.
To exercise your right of withdrawal you must notify us (Dietmar Posledni/steelworxx, Sandberg 82, 06528 Blankenheim (telephone number: +49 (0) 34659-61698, fax number: +49 (0) 34659-619967 and e-mail address: email@example.com)) of your decision to withdraw from this contract through an unequivocal statement (e.g. through a letter sent by mail, fax or e-mail).
You may use the accompanying sample withdrawal form however this is not compulsory. You may electronically fill out and send in the withdrawal form or another unequivocal statement on our website [www.steelworxx.de]. Should you choose to take advantage of this available option, we will send you immediate confirmation (for example by e-mail) of our receipt of this withdrawal statement.
Notifying us about your withdrawal from the contract before the withdrawal period expires is deemed sufficient for compliance with the withdrawal period.
Consequences of the withdrawal
When you withdraw from this contract, we agree to refund to you any payments which we have received from you, including delivery costs (except for additional costs incurred for any type of delivery other than the lowest standard delivery rate we offer), immediately and no later than fourteen days, starting on the day on which we received your notice to withdraw from the contract. The refund shall be made using the same means of payment which you used in the original transaction, unless an alternative agreement is expressly made with you; in no way shall you be charged fees for this refund. We are entitled to hold back the refund until we have received the goods or until you have provided proof that they have been sent back, whichever is the earliest.
You are to return or hand back the goods immediately and, in every case, no later than fourteen days after notifying us of your withdrawal from the contract. This deadline is deemed met if you dispatch the goods before the end of the fourteen day period.
You shall bear the immediate costs for sending back the goods. You must compensate for any diminished value of the goods resulting from the handling of them other than what was necessary to ascertain the quality, nature and functioning of the goods.
Information on the non-existence of right of withdrawal
The right of withdrawal shall not apply to distance contracts
- for the delivery of goods which are not prefabricated and whose manufacture involves an individual selection or determination by the consumer or goods which are tailored to the personal needs of the consumer
- for the delivery of goods which can quickly perish or whose expiry date is quickly exceeded
- for the delivery of sealed goods which, for health or hygiene reasons, are unsuitable if returned once the seal has been broken after delivery
- for the delivery of goods if, after delivery, these, by their nature, have been irrevocably mixed with other goods
- for the delivery of sound or video recordings or computer software in sealed packaging if this seal has been removed after delivery
- for the delivery of newspapers, journals and magazines with the exception of subscriptions
- for the delivery of alcoholic beverages whose price was agreed on at the time the contract was concluded, which can be delivered at the earliest 30 days after conclusion of the contract, and whose current value depends on market fluctuations over which the businessman has no influence.
Sample withdrawal form
(If you would like to withdraw from this contact, please fill out this form and send it back.)
To Dietmar Posledni/steelworxx, Sandberg 82, 06528 Blankenheim (Fax number: +49(0) 34659-619967, e-mail address: firstname.lastname@example.org):
I/we(*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/services (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only when notifying on paper)
VII. Warranty, Compensation, Period of Limitation
1. Product description
Please note the information on quality and warnings as set forth in Clause III above. In terms of the quality as described therein, it does not concern product defects and is also not an assumption of a quality guarantee.
2. Warranty and Compensation
Warranty rights are in line with legal regulations. Liability for compensation for contractual, pre-contractual breaches of duty and prohibited actions is limited as follows:
Liability for compensation for negligence is excluded. This does not apply if the dereliction of duty is related to duties whose fulfilment enables proper execution of the contract and whose compliance the purchaser/customer may regularly rely on. Liability shall also remain unaffected for wilful or grossly negligent behaviour and for damages in cases of death, physical injury or illness.
The period of limitation for compensation is one year from the start of the statutory period of limitation.
Legal regulations apply for liability as per the Product Liability Act.
VIII. Governing law; place of jurisdiction; other
All disputes arising from this legal relationship are subject to the laws of the Federal Republic of Germany; application of the Uniform Law on the International Sale of Goods (CISG) is excluded.
If the customer is a merchant or if he works in this capacity, Blankenheim shall be designated as place of jurisdiction. For the rest, particularly for lawsuits made by or against consumers, the legal courts of jurisdiction shall apply.
Should any provision of these General Terms and Conditions become wholly or partially ineffective or invalid, the other provisions shall remain in full force and effect. In place of the wholly or partially ineffective or invalid provision, a provision shall now be agreed whose commercial success most closely corresponds to the ineffective or invalid provision.