General terms and conditions and consumer information
Company
Company and summonable address:
WIRTH-Federn
Olaf E. Wirth
Osterdiecksfeld 23
21274 Undeloh
Tel. +49-(0)4189 / 811 020
Fax. +49-(0)4189 / 811 040
Email: info@wirth-federn.de
Internet: www.wirth-federn.de
Authorized representative: Olaf E. Wirth
Sales tax identification number according to § 27 a sales tax law: DE 134497404
2. Order, conclusion of contract and delivery
If you order via our online shop, you will receive a confirmation of receipt of your order from us by email. However, this does not represent acceptance of your order by us, but is only intended to inform you that we have received your order. We dispatch the available articles approx. 1-2 working days after receipt of the order. With the dispatch, the purchase contract with regard to the items you have ordered is concluded under the application of these general terms and conditions.
Additional information for contracts in electronic business transactions: We save the text of the contract including the general terms and conditions for our own purposes after the conclusion of the contract. When ordering in our online shop, the details of your purchase are included in the confirmation of receipt, which we will send you by email upon receipt of your order. You are obliged to permanently save or print out this order confirmation so that the content of the contract is always available to you in permanent form after it has been concluded. You can save the subsequent conclusion of the contract by saving the email with our confirmation of receipt.
All communication with us takes place exclusively in German; this also applies to the conclusion of the contract. This is also possible in English in our online shop.
There is no minimum order value, within Germany we charge a flat shipping fee of EUR 3.95 up to a full 30 kg package weight; For each additional 30 kg package weight, the shipping fee increases by EUR 3.95.
Domestic payment methods
1. Prepayment – simple, reliable and inexpensive
After receiving your order, you will receive an email or a letter from us with precise details of the total amount of your order including shipping costs and our bank account. Please transfer this total amount to our account only then. After the total amount has been received, your order will be made ready for dispatch and sent to you.
2. PayPal
If you have a PayPal account, you can pay in our online shop easily, securely and with just a few clicks via PayPal. PayPal transfers the amount immediately after you have approved the payment with PayPal.
3. Credit cards
Please provide the full credit card number and the expiry date. As long as the card is valid, we will collect future invoice amounts from your credit card account. The invoice amount will be charged to the credit card account at the time the ordered goods are dispatched.
Prices
For purchases or deliveries to customers in Germany and the EU, only the prices in euros stated in our online shop and in the current advertising at the time of your order apply; prices errors there are reserved. All prices include the statutory sales tax and do not include shipping costs.
We do not charge sales tax for purchases or deliveries to customers outside the European Union. The German VAT included in our final prices is not applicable. As a rule, you pay your national sales tax and, if applicable, customs duties upon receipt of the delivery from your parcel delivery company.
All prices are plus shipping costs.
3. Retention of Title
In all cases, the goods remain our property until they have been paid for in full
4. Warranty
The statutory provisions apply to your order; thereafter, you as the buyer are entitled to request supplementary performance free of charge in the form of removal of defects or delivery of defect-free goods for goods that are defective upon delivery to you, i.e. the goods can easily be repaired or completely replaced. If disproportionately high costs would arise with the supplementary performance variant you have chosen, we are entitled to reject this and to choose the other variant, provided this is not also associated with disproportionately high costs. According to the law, the warranty period is two years from delivery of the goods to you as our customer.
5. Liability
Our liability for damages, for whatever legal reason (in particular in the event of delay, defects or other breaches of duty), is limited to the foreseeable damage typical for the contract. This limitation of liability does not apply to our liability for willful behavior or gross negligence, for guaranteed characteristics, for injury to life, limb or health or according to the product liability law.
6. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods or the last partial shipment or the last item. In order to exercise your right of withdrawal, you must inform us, WIRTH-Federn Olaf E. Wirth, Osterdiecksfeld 23, 21274 Undeloh, Tel. + 49- (0) 4189/811 020, Fax. + 49- (0) 4189/811 040, email: info@wirth-federn.de , by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the sample withdrawal form suggested below, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your cancellation rights before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the date on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no case will we charge you any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You have to return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
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Template for withdrawal form
Model withdrawal form
(If you want to withdraw from the contract, you can, but do not have to, fill out this form and send it back to us.)
WIRTH-Federn Olaf E. Wirth, Osterdiecksfeld 23, 21274 Undeloh,
Fax + 49- (0) 4189/811 040, email: info @ wirth-federn. de
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods:
(Please describe the goods here exactly)
Ordered on … (*) / received on … (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only if this is notified on paper):
Date:
(*) Please delete inapplicable.
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7. Place of jurisdiction, choice of law
If you are a consumer without domicile within the EU, our place of business is the place of jurisdiction. German law applies exclusively to all claims between you and us, unless you are deprived of the protection granted by the mandatory provisions of the law of the EU state in which you have your habitual residence in the event of a consumer contract based on this choice of law.
The text of the contract will not be saved and will no longer be available to you after you have placed the order – please keep the confirmation email and create a customer account if necessary.
8. Data protection
see separate text under „data protection“.
9. Dispute Resolution
The European Commission has meanwhile provided a platform for online dispute resolution (OS) (Art. 14 Para. 1 ODR Regulation): ec.europa.eu/consumers/odr/
We do not take part in a dispute settlement procedure before a consumer arbitration board.
Important information for technical articles and approval regulations!
Please note:
1. If you have a consumable or accessory, such as If you want to buy spark plugs, batteries or the like, please pay close attention to the specifications and approvals in your operator’s manual of the manufacturer or its instructions and only use products / dimensions that are specifically approved for your vehicle! Failure to comply can result in serious damage to your vehicle and to life and limb. We are not liable for this; it also applies to this point. 5.
2. All information on the operating license, type approval as well as building and operating regulations with regard to our items and their use, such as „TÜV-free“, „TÜV-certificate“, „ABE“, etc. apply exclusively to the scope of the relevant German regulations, in particular StVO and StVZO. We have not checked the legal situation outside of Germany, so that we cannot make any statements. You must clarify this yourself with the competent authorities in your country before use, assembly, etc. In contrast, all items with the E or ECE mark („E-tested“) are approved for use as intended throughout the EU.
Information on vehicle batteries
Vehicle batteries can be returned free of charge by the end user to the distributor at or in the immediate vicinity of his commercial business or in the mail order business at his dispatch warehouse (not in dispatch due to the dangerous goods ordinance). Returning it to a municipal collection point or a recycling center may be subject to a charge, please contact the collection point in your area for more information. When purchasing a new vehicle battery without returning an old vehicle battery, end users must deposit a deposit of EUR 7.50 including sales tax, which is refunded when returning an old vehicle battery. Our battery prices are therefore plus a deposit, if applicable. If the old vehicle battery is not returned to the seller collecting the deposit, the person authorized to collect the old vehicle battery in accordance with Section 11 (3) of the Battery Act is obliged to confirm the return in writing or electronically at the request of the end user without refunding the deposit. A distributor who sells vehicle batteries using remote communication is obliged to reimburse the deposit even if such a written or electronic return certificate is presented, which is not older than two weeks at the time of presentation.
Note in accordance with Section 18 of the Battery Act
The crossed-out garbage can shown here means: Batteries must not be disposed of with household waste. If one of the following chemical symbols is shown under this symbol (Pb: battery contains lead, Cd: battery contains cadmium, Hg: battery contains mercury), this generally means that this metal is contained in the battery and that its legal limit has been exceeded. Batteries must not be disposed of with household waste. They may contain pollutants that can harm the environment and human health. Please return used batteries to us, to municipal recycling centers or to retailers after use. The return is free of charge and required by law; With regard to the return of vehicle batteries and any costs incurred as a result of not returning them to us, please note our information. All used batteries are reused. In this way, valuable raw materials can be recovered while protecting the environment and health at the same time.
Note on the waste oil regulation (AltölV)
According to the waste oil ordinance, we are obliged towards end consumers to take back used fork oils, up to the amount given to you as the end consumer in individual cases. Alternatively, there are a number of specialist workshops nationwide as a free waste oil collection point where you can have the oil change carried out professionally.
Information according to Section 18 Electrical and Electronic Equipment Act (ElektroG)
In accordance with the law on the placing on the market, return and environmentally compatible disposal of electrical and electronic equipment (ElektroG), we inform private households about the following points:
In accordance with the law on the placing on the market, return and environmentally compatible disposal of electrical and electronic equipment (ElektroG), we inform private households about the following points:
1. Electrical and electronic equipment that has become waste are considered old equipment. Owners of old devices must collect them separately from unsorted municipal waste. Old devices must therefore not be disposed of with household waste; they are therefore marked with the symbol of a crossed-out garbage can. You can find an online directory of the collection and return points here: https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.jsf
2. Owners of old devices must separate old batteries and accumulators that are not enclosed by the old device before handing them in at a collection point, unless the old devices are handed over to public waste disposal authorities and separated there from other old devices for the purpose of preparation for reuse will.
3. Old devices, in particular information technology and telecommunications devices such as computers and smartphones, can contain personal data. You are responsible for deleting this data on such old devices before disposing of them.
Alternative Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO und § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.
