General terms and conditions of business – online shop – 2018
The following general terms and conditions of business apply to orders of goods from our online shop “fässershop.de” and are in addition to the general terms and conditions of business posted at www.wilhelm-eder.de.
1 Contract formation
Where not covered by deviating clauses in these “GTB online shop” (general terms and conditions of business of the online shop), which shall take precedence, contract formation is governed by the general terms and conditions of business of www.wilhelm-eder.de.
Once you have placed an order with us online, you will receive an automatically-generated email confirmation. The placing of your order does not mean that the contract has now been formed; your order counts as the binding offer on contract formation that will serve as the basis for the conclusion of a contract. This takes place either through an explicit declaration of acceptance, which is not provided by the automatically-generated order confirmation; or – at the latest – upon you receiving the goods you ordered, through our dispatch service. We dispatch the goods after we have received payment.
Our online offers, which constitute an invitation to form a contract, remain non-binding until we have accepted the order while at the same time notifying you of our cancellation policy for consumer transactions. Verbal side agreements, changes or additions to these GTB must be confirmed in writing by us to be valid. We show net and gross prices. Dispatch costs are in addition to these prices. Dispatch costs that are not automatically calculated by our system in connection with an order must be separately calculated by us and separately invoiced by us. We reserve the right to correct or invoice additional dispatch costs. The reimbursement of VAT costs, e.g. if personally exporting from Germany, is not possible.
3 Goods, object of purchase
Unless explicitly confirmed by us as the object of the agreement, information given in our catalogues, leaflets, price lists, web pages and other publications is non-binding and merely illustrates the types and sorts of goods offered. Product illustrations, irrespective of which medium they appear in (leaflet, website or in-store), do not constitute an assurance or guarantee of characteristics or quality.
All illustrations in our publications are examples.
We reserve the right to withdraw from the contract in the event of the non-availability of the goods ordered. In the event of non-availability of goods, we will inform the person ordering without delay and refund any consideration already paid by the purchaser.
Any defects for which you wish to make a claim must be communicated to us in writing, with a picture attached.
If a complaint about a defective product or service is justified, we are entitled to repair or replace at our expense. If repair or replacement is unsuccessful, the purchaser has the right to a reduced purchase price or to withdraw from the contract.
The products we deliver are in part made from natural materials. We explicitly draw your attention to the fact that variations, for example in colour or texture, do not constitute a defect, but are inherent in their nature. With regard to the wooden barrels we deliver, we wish to point out that water-tightness is essentially dependent on sufficient soaking. There may still be very small leaks, which do not constitute a defect.
Used wooden barrels: Notches in the wood or, in certain circumstances, an uneven base, do not constitute a quality defect, but stem from the idiosyncrasies of the production method and the prior use of the barrels. Colour variations are possible.
5 Delivery periods
Goods from stock will be delivered approx. 1 week after payment has been received. Goods that have to be specially produced or goods from stock requiring extra finishing will be delivered approx. 8 – 14 days after payment has been received. If there is to be a later delivery date, we will inform you of this.
We are not responsible for delivery delays due to force majeure, changes to the law or permit conditions, operational breakdowns, strikes, problems in materials procurements or similar reasons – including when they occur at our suppliers – even if we have given you a firm delivery date. In such cases the delivery date will be extended by the appropriate amount of time needed to deal with the reason for the delay.
6 Transport and dispatch
Dispatch using the parcel service
The purchaser must inspect the goods immediately upon receiving them and submit an immediate complaint to the parcel service for any transport damages.
The freight company will agree the delivery time with you by phone or email. Please ensure that you receive the goods at the first time of delivering. Any subsequent journeys by the freight company incur extra costs which we will pass on to you. The goods we dispatch are without defect and have been quality-inspected. Please examine the goods for damage (transport damage, obvious damage to the packaging) before you sign off the truck driver’s delivery note. If you have spotted damage, please write “Damage to goods” on the delivery note. Please make a note of anything untoward on the delivery note. If you sign off the freight company’s delivery note as having been delivered in accordance with terms and conditions, the insurance coverage ceases. Transport damage must be reported to us within 24 hours of delivery to the purchaser/customer. The purchaser/customer must ensure the evidence of the damage is stored securely.
Delivery counts as being made to kerbside (edge of recipient’s property).
Where this can be permissibly agreed, the place of jurisdiction is Bad Dürkheim. The law of the Federal Republic of Germany shall exclusively apply; the UN CISG is excluded.
Wilhelm Eder GmbH
D-67098 Bad Dürkheim
Tel.: + 49 (0) 63 22/ 9 55 98 – 0
Fax: + 49 (0) 63 22/ 9 55 98 – 29