General terms and conditions
for the shop offer of the Lindenwerkstätten WfbM
Diakonisches Werk Innere Mission Leipzig e.V. Lindenwerkstätten WfbM (hereinafter only referred to as “Lindenwerkstätten WfbM”) is the provider of products as they are offered in the present Web presentation.
The following conditions are applicable for all offers, contracts, deliveries and services provided by Lindenwerkstätten WfbM. They are also applicable to all future business relationships and even if they have not been expressly agreed upon. We shall explicitly contradict deviating contractual conditions of our business partners. All collateral agreements or amendments to these conditions require a written confirmation from us to take effect.
§2 Offer and conclusion of contract
The offers in the web presentation are non-binding.
If you place an order with us by Internet, email, post or telephone, this order presents an offer for the conclusion of the purchase contract as per § 145 BGB (German Civil Code). A binding purchase contract is however not entered into with the confirmation of receipt, but with the explicit acceptance of the order in text form or upon sending the ordered product.
Unless otherwise declared in writing, our prices shall be applicable. All prices include the reduced legal VAT of currently 7%, as applicable for the Lindenwerkstätten WfbM within Germany and the countries of the European Union (EU). For deliveries to third countries and deliveries to companies in EU-countries, we reduce our prices of the German VAT included therein.
We would like to inform you that for your customs, you need to pay your country-specific import duties. We cannot provide any information about the application of customs.
Delivery and shipping costs are not included in the prices. The order is offered as a collectable debt. As far as the customer requests the delivery, the shipment costs shall be borne by the customer. The amount of the delivery and shipping costs, please refer to the current list in our online shop. If we can make your delivery only as part-deliveries, we shall naturally consider the shipment costs only once.
Other prices shall be recorded in writing and signed. Unless a fixed price agreement has been made, we reserve the right to reasonable price modifications on account of changed salary, material and selling costs for deliveries to be made four months after concluding the contract.
The payment can be made as prepayment/ bank transfer, invoicing or PayPal. In case of self-collection, concurrent payment shall be made upon issuance of the goods.
Please make payments within the scope of prepayment exclusively to the following:
Bank account: Bank für Sozialwirtschaft
IBAN: DE26 8602 0500 0003 5315 00
Account holder: Diakonisches Werk Innere Mission Leipzig e.V.
The delivered goods shall remain with us until the payment has been transferred completely.
Our delivery obligation shall be applicable as long as you are in arrears with a liability.
§5 Delivery / Overseas delivery / part-delivery
We deliver within Germany, in countries of the European Union and in Switzerland. In all other countries, we deliver after consultation.
Goods in the warehouse shall be shipped within five working days upon receipt of order. If, at the time of placing the order, the goods are not in stock, the goods shall be delivered within six weeks upon receipt of the order or a delivery schedule will be specified. The above-mentioned Delivery schedules are tentative schedules. We shall contact you immediately in case of delivery bottlenecks.
If longer delivery periods can arise for reasons for which we are not responsible, we also deliver the goods to you in parts. Naturally, you shall bear the possible shipment costs only once.
In case of prepayment, the delivery shall take place upon credit of the invoice amount to our bank account, and in case of payment with PayPal, upon credit to our PayPal account.
If you are the consumer, we shall bear the shipping risk independent of the type of shipment. If you are a company, all risks and dangers of the shipping shall be transferred to you, as soon as the goods have been delivered by us to the authorised delivery partner.
§6 Right of revocation
You have the right to revoke this contract within fourteen days without specifying the reasons. As per § 312d BGB (German Civil Code), a right of revocation is excluded for the delivery of custom-made goods. This includes all deliveries of products which we manufacture to meet customer-specific requirements.
The revocation period amounts to fourteen days from the day on which you or a third person appointed by you, who is not the carrier, has taken the possession of the last part delivery or the last piece.
To exercise your right of revocation, you must inform us
Diakonisches Werk Innere Mission Leipzig e.V.
Tel.: (03 41) 47 82 – 200
Fax: (03 41) 47 82 - 230
by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to revoke this contract. To observe the revocation period, it is sufficient for you to send the notification about the exercising of the Right to revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall return all payments to you, which we have received from you, including the delivery costs (with the exception of the additional costs which result from the fact you have selected a type of delivery different from the reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we have received your notification about your revocation of this contract. For this return payment, we use the same mode of payment that you have used for the original transaction, unless a different mode has been explicitly agreed upon with you; you will certainly not be charged any fees on account of this return payment. We can refuse the return payment until we have again retained the goods or until you have furnished the proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us about the revocation of this contract. The period shall be deemed as observed if you send the goods before the expiry of the period of fourteen days.
The direct costs of the delivery of the goods shall be borne by you.
You must only pay for any loss of value of the goods if this loss of value can be attributed to the handling not required for the check of quality, properties and functioning of the goods by you.
The guarantee is based on the legal provisions of the BGB (German Civil Code) and as per these general terms and conditions. The guarantee rights of the customer require that he fulfils his obligations with respect to inspection and registering of complaints properly. Complaints with respect to obvious defects shall only be considered if they are brought to the notice of Lindenwerkstätten WfbM immediately, however at the latest within 14 days upon receipt of the delivery in writing.
If, despite all the care taken, the goods still have defects as defined by the legal provisions, which was seen even at the time of the transfer of risk, then we shall either repair the goods or deliver a replacement, subject to notification of the defect within a deadline.
We must always be given an opportunity for rectification within a reasonable period. We shall bear the costs required for the rectification. If rectification is not possible, out of proportion or if it fails, the customer can withdraw from the contract or reduce the price and demand compensation or reimbursement of expenses.
Additional compensation claims are excluded, provided that these are not based on intent or gross negligence.
The photographic images displayed in the presentation and artworks or products can deviate from the actual items to be delivered in terms of the colour, shape and the exact size.
The claims of Lindenwerkstätten WfbM may only be offset insofar as the counter claim is undisputed or has been established by law.
§9 Data protection and data transfer
Please go through our detailed data protection declaration.
§10 Retention of title
The goods remain in the possession of Lindenwerkstätten WfbM until the complete payment has been made.
In case of slightly negligent breaches of duty by us or our contractual partners, our liability shall be limited to the foreseeable, direct average damages, typical of the contract, to the type of goods. The limitation of liability shall not be applicable in case of grossly negligent or intentional violation of major obligations, life, limb or health.
§12 Severability clause
Should the individual provisions of our general terms and conditions be ineffective in whole or in part, it does not affect the effectiveness of the remaining provisions. The legal regulation replaces an ineffective provision.
§13 Final clause
The German Law is applicable under the exclusion of the UN sales law.
§14 Place of jurisdiction
Leipzig is the place of jurisdiction.
Please note that all our images and photos are created with extensive effort and are exclusively subject to our copyright. Kindly understand that any misuse shall be legally prosecuted.
As on: 30.11.2016
Innere Mission Leipzig e.V.