AGB (Terms & conditions)
Terms and Conditions
for www.westerntrash.com and shop.westerntrash.com
(Translation of version 1.0. / 01.10.2012)
(The following Terms & Conditions cover legal information concerning your rights under the laws of distance contracts and e-commerce.)
1. Scope of General Terms of Business
1.1 Offers made by WesternTrash on the Internet are not intended for users of WAP (Wireless Application Protocol).
1.2 All deliveries by WesternTrash (hereinafter the Vendor) ordered through the website www.westerntrash.com are subject to these General Terms and Conditions.
2. Contract Partner
THE CONTRACT OF PURCHASE IS MADE WITH:
D – 10997 BERLIN
3. Customer Service
FOR QUESTIONS, RETURNS OR COMPLAINTS YOU CAN REACH US AT TEL. +49 (0)176-38619906 OR BY E-MAIL AT firstname.lastname@example.org.
4. Ordering Process
4.1. Once you have found the product you want it can be added to your shopping basket by clicking the ‘Add to Cart’ button. The contents of the basket can be viewed at anytime by clicking the ‘Cart’ at upper right part of the page. These actions are non-binding.
4.2 The products can be removed from the shopping basket at any time by checking the ‘Delete’ button.
4.3 To buy the items in your shopping basket, click on the button ‘Checkout’ and then enter your personal information. Mandatory fields are marked with an asterisk (*). Registration is possible, but not required. Your personal information is encrypted during transfer.
4.4 After entering your personal information and selecting a payment method, you arrive at the Order Summary, where you can review your order. Complete the ordering process by clicking the ‘I Confirm Order’ button.
4.5 The process may be cancelled at any time by closing the browser window. More information on making changes to your order is accessible on individual pages.
5. Offers and Contract Conclusion
5.1 The presentation of our products in the online shop does not represent a legally binding offer, but an invitation to place an order.
5.2 By clicking the ‘I Confirm Order’ button, you enter into a binding agreement to order the goods listed in the order summary. You will receive an automatic e-mail confirming the receipt of your order (Acknowledgement of Order Receipt). The purchase agreement is not yet concluded. The purchase contract is only complete when we accept your order via another e-mail (Order Confirmation).
5.3 The order is binding for a maximum of 24 hours. If we have not accepted your order (Order Confirmation) within this timeframe, your order will be void.
6. Right of Cancellation for Consumers
A consumer pursuant to § 13 of the German Civil Code (BGB) (any natural person who enters into a contract that cannot be attributed to commercial or to self-employed professional activity) has the right of cancellation as described in the following:
RIGHT OF CANCELLATION
YOU MAY CANCEL YOUR CONTRACT WITHOUT SPECIFYING A REASON WITHIN 14 DAYS IN WRITING (E.G. LETTER, FAX, E-MAIL) OR, IF THE GOODS HAVE BEEN HANDED OVER TO YOU PRIOR TO THE EXPIRY OF THE DELIVERY PERIOD, BY RETURNING THE GOODS. THE PERIOD BEGINS UPON RECEIPT OF THIS NOTIFICAITON IN WRITING, bBUT NOT BEFORE THE RECEIPT OF THE GOODS BY THE RECEIVER (IN THE CASE OF RETURNING DELIVERIES OF SIMILAR GOODS NOT PRIOR TO THE RECEIPT OF THE FIRST PARTIAL DELIVERY) AND ALSO NOT BEFORE THE FULFILLMENT OF OUR DUTIES TO INFORM AS DEFINED IN ARTICLE 246 § 2 IN CONJUNCTION WITH § 1 PARAGRAPHS 1 AND 2 OF THE INTRODUCTORY ACT TO THE CIVIL CODE (EGBGB) AS WELL AS OUR DUTIES UNDER § 312G PARAGRAPH 1 SENTENCE 1 OF THE BGB IN CONJUNCTION WITH ARTICLE 246 § 3 OF THE EGBGB.
THE TIMELY DISPATCH OF THE CANCELLATION OR THE GOODS IS SUFFICIENT FOR COMPLIANCE WITH THE CANCELLATION PERIOD. RETURNS SHOULD BE ADDRESSED TO:
D – 10997 BERLIN
RESULTS OF CANCELLATION
IN THE EVENT OF A VALID CANCELLATION, GOODS AND SERVICES BY EITHER PARTY AND DERIVED BENEFITS (E:G: INTEREST), IF APPLICABLE, MUST BE RETURNED. IF YOU CANNOT RESTITUTE TO US THE ENTIRE, OR ONLY PARTS OF THE SERVICE/GOODS RECEIVED OR ONLY IN A DETERIORATED CONDITION, YOU MAY BE OBLIGED TO PAY FOR AN INDEMNIFICATION. COMPENSATION MUST BE PROVIDED FOR THE DETERIORATION OF GOODS OR FOR BENEFITS DRAWN FROM USE ONLY INSOFAR AS THE BENEFITS OR DETERIORATION ARE DUE TO USE OF THE GOODS, THE CHARACTERISTICS AND FUNCTIONALITY OF WHICH HAVE BEEN VERIFIED. ‘VERIFICATION OF THE CHARACTERISTICS AND FUNCTIONALITY’ SHOULD BE UNDERSTOOD TO MEAN THE TRIALS AND TESTS OF THE RESPECTIVE PRODUCTS IN THE STORE AS FAR AS IS POSSIBLE AND STANDARD.
GOODS CONSIGNABLE BY PARCEL SHIPMENT ARE RETURNABLE AT OUT RISK. YOU MUST BEAR THE EXPENSE OF THE RETURN CONSIGNEMENT IF THE GOODS DELIVERED CORRESPOND TO THOSE ORDERED AND IF THE PRICE OF THE RETURNABLE GOODS DOES NOT EXCEED 40.00 EURO, OR, IF THE VALUE IS HIGHER, IF YOU HAVE NOT YET EFFECTED A FULL PAYMENT OR PAID AS CONTRACTUALLY AGREED INSTALLMENT BY THE DATE OF CANCELLATION. RETURN SHIPPING IS OTHERWISE FREE OF CHARGE. ITEMS NOT CONSIGNABLE BY PARCEL SHIPMENT WILL BE COLLECTED FROM YOU. THE OBLIGATION TO REFUND PAYMENTS MUST BE FULLFILLED WITHIN 30 DAYS. THE STATED PERIOD COMMENCES FOR YOU WITH THE DESPATCH OF THE CANCELLATION NOTICE OR THE GOODS; FOR US WITH THEIR RECEIPT.
END OF RETURNS POLICY
7. Cost of Returns
You must bear the expense of the return consignment if the goods delivered correspond to those ordered and if the price of the returnable goods does not exceed 40.00 Euro or, if the value is higher, if you have not yet effected a full payment or paid a contractually agreed instalment by the date of cancellation. The return shipping is otherwise free of charge. Items not consignable by parcel shipment will be collected from you at no cost.
8. Returning goods
8.1 Please note that the following conditions, set out in paragraphs 8.2 to 8.5, are not prerequisite for the effective exercise of cancellation rights.
8.2 We request that – if still available – you send the original packaging when returning the goods.
8.3 To enable better processing of your return, it would be helpful if you enclose a copy of the invoice. Please at least provide your address and bank details for reimbursement.
8.4 We kindly request the use of the following delivery service: DHL
8.5 To avoid higher return costs, please ensure the package is sufficiently franked and, importantly, please do not send the goods back to us freight forward. We will reimburse the postage immediately.
9. Price and shipping
9.1 Prices quoted on the product pages include VAT and other price components. The currency is the Euro.
9.2 In addition to the prices shown, we charge shipping where appropriate. For the shipping cost calculation criteria, please refer to the following table of postage charges. The specific shipping cost applicable will be displayed in your shopping basket and on the order summary before you place your order.
The following weights (kg = kilogram, g = gram) each refer to the total weight of the order including packaging.
9.3 Should there be any taxes, customs duties, fees or similar expenses introduced on exporting from Germany and importing into the respective country, those additional costs shall be borne by the buyer. The buyer alone is responsible for determining and verifying the amount of those charges.
SHIPPING WITHIN GERMANY
DHL delivery within Germany (no delivery to German islands):
EUR 7.00 €
For orders of €170.00 gross and over, delivery within Germany (with the exception of German islands) is free!
SHIPPING TO EU COUNTRIES OTHER THAN GERMANY
We deliver to EU countries other than Germany (with restrictions on deliveries to Malta, Cyprus, San Marino and Monaco as shown below).
EUR 15.00 €
EUR 29.00 €
10.1 Payments can be made in advance by bank transfer or by PayPal.
10.2 For advance payment by bank transfer, we provide our bank details in the order confirmation and deliver the goods after receipt of payment.
10.3 PayPal offers direct debit, Giropay, credit card and PayPal balance as payment options. A PayPal account, which can be set up during the payment process, is required.
11. Delivery and Right of Withdrawal
11.1 Deliveries are made Germany and EU-wide with DHL. We do not deliver to German islands and make restricted deliveries to Malta, Cyprus, San Marino and Monaco (For details see Section 9.2).
11.2 Delivery time for the advance payment option is up to 4 business days within Germany and up to 7 business days (Monday to Friday with the exception of German public holidays) to other EU countries and International after receipt of payment in our account. For the PayPal payment option, delivery time is up to 4 business days within Germany and up to 7 business days (Monday to Friday with the exception of German public holidays) to other EU countries after verification of the customer’s account with PayPal. Delivery times that vary from this are noted on the respective product pages where appropriate.
11.3 If after three failed attempts it was not possible to deliver the goods, the vendor can withdraw from the contract and payment will be immediately reimbursed.
12. Set-off and Right of Retention
12.1 Against claims of the vendor, counterclaims can only be asserted in as far as your claims have been found to be uncontested or legally valid.
12.2 You are not entitled to assert a right of retention that is not based on this contractual relationship.
13. Title Retention
Until full payment is received the goods remain the property of the vendor.
THE WARRANTY IS GRANTED IN ACCORDANCE WITH STATUTORY REGULATIONS OF THE GERMAN CIVIL CODE (BGB). WHEN THE SALE IS A COMMERCIAL TRANSACTION FOR BOTH PARTIES, THE REGULATIONS OF THE GERMAN COMMERCIAL CODE (HGB) REMAIN UNAFFECTED.
15.1 The vendor is liable for slight negligence only for breach of contractual obligations (that is obligations the proper fulfilment of which constitutes a condition sine qua non, whose breach jeopardises the achievement of the purpose of the contract, and on the fulfilment of which the customer regularly relies). This liability is limited to the damages foreseeable at the conclusion of the contract (so-called average contract damages). Foreseeable damages are those which, with regard to the actual circumstances, were known or should have been known to the vendor, its subcontractors or its vicarious agents at the conclusion of the contract as possible consequences of the contract breach.
15.2 The pre-contractual, contractual and non-contractual liability of the vendor is limited to deliberate intent and gross negligence.
15.3 The limitation of liability also applies in cases where contractors, assistants or vicarious agents are at fault.
15.4 Liability for personal injury in accordance with the Product Liability Act or damages due to the absence of contractually promised features remains unaffected. With regard to promised features, the vendor shall only be held liable for such damages as are included in the promise.
16. Contract Languages
Available languages for the contract are German and English. The German language prevails where discrepancies exist and for the interpretation of the contract.
17. Storage of the Contract Text
17.1 Order information and General Terms and Conditions valid at the time of your order are sent by e-mail with both the Acknowledgement of Order Receipt and the Order Confirmation.
17.2 The text of the contract including the Terms and Conditions applicable at the time of your order are also stored on our internal systems. We are happy to send these by e-mail.
17.3 The current General Terms and Conditions can be accessed at any time on this page.
18. Textform, Applicable Law, Place of Fulfilment, Jurisdiction
18.1 Changes and additions to these Terms and Conditions or rescission of the textform (purs. to sec. 126 b BGB: e-mail, telefax, etc.) must be in textform.
18.2 This contract is subject to the law of the Federal Republic of Germany. This does not apply vis-à-vis consumers if special consumer protection rules are more favourable in the home country of the customer (Article 29, German Civil Code EGBGB). The terms of the UN Purchase convention are excluded.
18.3 Should any provision in these Terms and Conditions, in whole or in part, violate mandatory law or are otherwise invalid or ineffective, the validity of the remaining provisions is unaffected.
18.4 For companies: unless otherwise stated in the contract, the place of fulfilment and payment is Berlin.
18.5 The sole place of jurisdiction for contracts with merchants, legal entities under public law and special funds under public law is Berlin.