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General Terms and Conditions and Consumer Information

Your supplier and contractual partner

Gustav Windeit GmbH
Lübecker Straße 87
D-23843 Bad Oldesloe
Germany

Managing Director: Michael Frautz / Uwe Twachtmann
Commercial Register:
Amtsgericht Lübeck HRB 1884OD [Local Court of Lübeck, Commercial Register B 1884OD]
VAT-ID No: DE206539996

For any questions, claims or complaints, please contact our customer service:

by telephone: +49 4531 67908-800
(Monday to Friday from 9:30 am to 5:30 pm)
by fax: +49 4531 67908-33890
or by e-mail: service@windeit.de

www.nbwn.de

We also endeavour to find customer-oriented solutions in legal questions also. Our friendly staff will be happy to take your call. Your statutory rights will of course not be affected should you prefer not to call us.
Online vendors in particular are bound by law to expressly inform their customers of numerous aspects of the contract and applicable terms and conditions. We have compiled this information as well as our shipping conditions in the following.
NBWN is a certified online shop of Gustav Windeit GmbH and has committed itself to the requirements of the Trusted Shops trustmark (available at www.trustedshops.eu) e.g. here.

1. Application and definitions

1.1. We supply in accordance with the following General Terms and Conditions, which form the basis of all contracts that are entered into by accepting the offers in our online store.

1.2. The term consumer in these General Terms and Conditions, is defined by Section 14 of the German Civil Code (§ 14 BGB) as a natural person who enters into a legal transaction for a purpose that is outside their trade, business or profession. In Austria, legal persons may also be considered consumers.

Entrepreneurs are defined by the legal regulation (§ 14, BGB) as a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. In these General Terms and Conditions, the term customers refers to both consumers and entrepreneurs.

1.3. Should time periods be declared in working days, this is to be considered every day of the week with the exception of Saturdays, Sundays as well as bank holidays at our registered place of business.

2. Possibility of storing and access to the text of the contract

2.1. These General Terms and Conditions as well as the rest of the articles of agreement are available for download during the ordering process together with the details of your order. You may easily archive these by either downloading the General Terms and Conditions and saving the data compiled throughout the ordering process in our online store by using the appropriate function of your web browser or you may wait for the order receipt confirmation which we will also automatically send to you by e-mail to the address you have entered, once you have concluded your order.

This e-mail confirming receipt of your order also contains the articles of agreement with the details of your order and these General Terms and Conditions and can be easily printed or saved, e.g. by using the appropriate function of your e-mail programme.

2.2. We will store the contract. However it will not be directly accessible to you for security reasons. We offer each of our customers direct, password-protected access (“Your account”). This way, after registering, you will be able to review your order details and edit your data. The customer is obligated to treat their personal login details confidentially and not make them available to unauthorised third parties. The currently valid version of the General Terms and Conditions may be found on our website.

3. Contractual partner, language and conclusion of the contract

3.1. You contractual partner is Gustav Windeit GmbH. Our special offers are non-binding unless they become part of a contractual agreement. Before confirming your order you are given the opportunity to verify and correct the data you have entered.

3.2 In our German online store the contract can be concluded in German or English in accordance with these General Terms and Conditions.

3.3. By submitting your order you make a legally binding order. Once we have received your order, you will receive an automatically generated order confirmation. This confirmation of receipt does not yet represent a binding acceptance of the order, unless you have selected payment in advance and we demand payment in the confirmation of receipt e-mailed to you.

3.4. A binding contract is concluded immediately after submitting your order, should you accept the corresponding invitation to complete your order by confirming the payment authorisation using the online payment service PayPal offered by us.

Usually you may expect to receive the e-mail containing our request for payment and/or our shipping confirmation on the day of ordering. If this should take longer, please note that you are bound to your order for no more than 3 working days and may of course cancel your order either in total or in part, until we have declared our acceptance of the order.

Orders over the telephone will be bindingly accepted by us on the telephone. In this case, we will send the information regarding the conclusion of the contract as well as these General Terms and Conditions to an e-mail address you have specified or enclose them with the goods.

4. Prices, shipping costs

For orders in our online store the prices valid shall be those stated in the offer at the time of ordering.
The indicated prices are lump sum prices, meaning they include the statutory German VAT and other price components.
Details concerning shipping costs, where applicable, are available in the online store.

5. Payment, Delivery

5.1. We accept the following methods of payment:

  • Advance payment by bank transfer
    You will receive the details required for the bank transfer after ordering.

  • PayPal
    You may pay the amount invoiced by using the online service PayPal. To do so, you must be registered with PayPal or, if have not yet done so, register, then log in using your account data and authorise payment to us (an exception may be a guest account, if applicable). Further information on how to access the website of this payment service is displayed during the ordering process. Please be aware that it is not possible to ship to a “Packstation”, if you pay via the PayPal service.

  • Payment in cash with collection by the customer: It is generally possible to collect and pay for the goods in cash on our premises in Bad Oldesloe within the opening hours specified under “collection by the customer”.

5.2. We work with a variety of shipping companies, e.g. DHL and UPS, from which you may select in your shopping basket. Generally we deliver packages to your home address or any other address that you specify. Should delivery not have been possible, you will be notified by the carrier, leaving you with further delivery options.

5.3. We will not be obliged to deliver, should we ourselves not be supplied correctly and in time and should we not be responsible for the lack of availability. Should the goods not be available you will be notified at once and any advance payments that may have been made will be refunded without delay.

5.4. Delivery times may be extended appropriately in cases where the delivery is hindered by strikes or lockouts as well as other circumstances that we are not responsible for, especially in cases of delays in delivery due to force majeure. We will inform the buyer without delay of the beginning and the end of any such hindrance.

5.5. For consumers, in the case of sales shipments, the risk of accidental loss and accidental deterioration of the purchased goods passes to the consumer once the carrier delivers them to the consumer or a receiver designated by the consumer. This is irrespective of whether the consignment is insured or not. In other cases, the risk of accidental loss and accidental deterioration of the goods passes to the buyer, once the goods have been handed to,or in the case sales shipments delivered to the carrier or the person or body charged with the shipping of the goods.

6. Right of revocation for consumers for an order for goods

6.1. In the following, you will be informed of the conditions and consequences of the statutory right of revocation applicable to shipping orders. This does not entail the granting of rights beyond the statutory requirements. In particular, the statutory right of revocation does not apply to commercial re-sellers.

Cancellation Policy

Right of revocation

You have the right to revoke this contract within fourteen days without stating any reason. The revocation period is fourteen days, beginning on the day on which you or a third party named by you, who is not the carrier, has taken possession of the last item of your order.

In order to execute your right, please inform us (Gustav Windeit GmbH, Lübecker Straße 87, 23843 Bad Oldesloe, Germany, tel.: +49 4531 67908-800, fax: +49 4531 67908-33890, email: service@windeit.de) of your decision to revoke the contract by clearly stating your intent (e.g. by mail, fax or e-mail). You may use the enclosed sample cancellation form, but this is not a requirement.

In order to comply with the required revocation period, sending your statement before the end of the revocation period shall suffice.

Consequences of revocation

Once you revoke this contract, we will be required to return any payment that we have received from you, including shipping costs (excluding additional costs that may result from you having selected a method of delivery different to the cheapest standard delivery offered by us), without delay and, at the latest, within fourteen days from the day we receive your statement of revocation of this contract.

For your refund, we will use the same method of payment that you used in the original transaction, unless expressly agreed otherwise. Under no circumstances will you be charged with fees as a result of this revocation. We may hold your refund until the goods have been returned to us or until proof has been provided that the goods have been shipped back to us, whichever is the earlier.

You must immediately return the goods, in any case within fourteen days from the day you informed us of your desire to revoke this contract to Gustav Windeit GmbH, Abteilung Retoure, Lily Braun Straße 19-21, D-23843 Bad Oldesloe, Germany. Dispatching the goods before the end of the fourteen day period shall suffice to meet the required time period.

You will only be liable for any possible loss in the value of the goods if this is due to a handling of the goods beyond what is necessary for evaluating their appearance, features and functionality.

6.2. Exceptions to the right of revocation

The statutory right of revocation (§ 312g of the German Civil Code) is subject to exceptions. The following regulations apply:

No right of revocation exists for contracts where the goods are not pre-manufactured and where individual selections or decisions by the consumer are required or goods which are clearly customised to the individual needs of the consumer.

Premature forfeiture of the right of revocation may apply in the case of contracts where goods are – as a result of their nature – inextricably combined with other goods, as well as in contracts on the delivery of sound and video recordings or computer software in sealed packaging, should this seal have been removed after delivery.

6a. Right of revocation for the rendition of services

In what follows, you will be informed of the conditions and consequences of the legal right of revocation applicable to ordering the rendition of services (e.g. vouchers). This does not entail the concession of rights in excess thereof. In particular, the legal right of revocation does not apply to commercial re-sellers.

Cancellation Policy

Right of revocation

You have the right to revoke this contract within fourteen days without stating any reason. The revocation period is fourteen days from the day the contract has been concluded.

In order to execute your right, please inform us (Gustav Windeit GmbH, Lübecker Straße 87, 23843 Bad Oldesloe, Germany, tel.: +49 4531 67908-800, fax: +49 4531 67908-33890, email: service@windeit.de) of your decision to revoke the contract by clearly stating your intent (e.g. by mail, fax or e-mail). You may use the enclosed sample cancellation form, but this is not a requirement.

In order to comply with the required revocation period, sending your statement before the end of the revocation period shall suffice.

Consequences of revocation

Once you revoke this contract, we will be required to return any payment that we have received from you, including shipping costs (excluding additional costs that may result from you having selected a method of delivery different to the cheapest standard delivery offered by us), without delay and, at the latest, within fourteen days from the day we receive your statement of revocation of this contract.

For your refund, we will use the same method of payment that you used in the original transaction, unless expressly agreed otherwise.
Under no circumstances will you be charged fees as a result of this revocation.

Should you have requested that the rendition of services begin within the revocation period, you will be liable to pay us a reasonable sum in proportion to the full scope of services stipulated in the contract for the portion of the services that had already been rendered before you informed us of your intention to execute your right of revocation.

6a.2. Exceptions to the right of revocation for service contracts

The statutory right of revocation (§ 312g of the German Civil Code) is subject to exceptions. The following regulations apply:

In the case of contracts for the rendition of services, the right of revocation expires, when the entrepreneur has fully rendered the services and has begun doing so after the consumer has explicitly consented to this, and the consumer has at the same time confirmed their awareness, that this will result in the forfeiture of the right of revocation upon the complete fulfilment of the contract by the entrepreneur.

6b. Sample cancellation form

NB: A pdf version is available here

Please find below the sample cancellation form mentioned in the cancellation policies above. Using it is not a requirement. When returning goods, you may also use our returns form which is enclosed with every delivery or draft your own statement of cancellation.

Sample Cancellation Form

(Should you wish to cancel your contract, please fill in this form and send it to us.)

  • to Gustav Windeit GmbH, Lübecker Straße 87, 23843 Bad Oldesloe, Germany, fax: +49 4531 67908-33890, email: service@windeit.de


  • I/We (*) hereby wish to revoke the contract on the purchase of the following goods/the rendition of the following services (*)


  • Ordered on / received on (*)


  • Consumer name


  • Consumer address


  • Consumer signature (only required if submitted in paper form)


  • Date


(*) Please cross out whichever does not apply.

7. Retention of title

7.1. We retain title to the goods until full payment has been made.

7.2. Additionally, the following shall apply for commercial business transactions: The goods may be sold by the buyer solely in the regular course of business. We reserve the right to revoke this agreement to the resale of the delivered goods, to which we retain title, as well as to revoke the contract in the case of default of payment on your behalf and to demand restitution of the goods. Claims resulting from the resale of goods which we retain title to are transferred to us in order to secure our claims. In the event of attachment of goods we retain title to, you are to inform us immediately. We pledge to release claim to securities we are entitled to at your demand insofar as the value of our securities exceeds the claim to be secured by more than 20%.

8. Liability for defects and complaints management

8.1 In the event that the goods are defective, the customer has statutory warranty rights (Liability for defects). For new goods supplied by us a statutory warranty period of 2 years is applicable. This period begins with the delivery of the goods. Warranty claims of entrepreneurs are limited to a period of one year from the time of delivery. For used goods we may offer free warranty exclusively to consumers and for a period of one year from the time of delivery only. In the case of the supply of used goods to entrepreneurs, liability for defects is excluded.

8.2. Entrepreneurs are to immediately inform us in writing of obvious defects. This is to be done within 14 days of the receipt of the goods at the latest. Should any non-obvious defects be discovered, we are to be notified immediately, within 14 days from the discovery of the defect at the latest. The timely dispatch of the notification shall be deemed sufficient to preserve the rights of the buyer. Otherwise the goods are to be regarded as accepted, even in the knowledge of the defect of the goods. In order to comply with the required period, the timely dispatch shall suffice. In addition, section 377 of the German Commercial Code (§ 377 HGB) as applicable to business persons.

8.3. The limitations or exclusions of warranty liability specified above in sections 8.1. and 8.2. shall expressly exclude claims for damaged based on defects involving injury to life, body or health due to a breach of duty for which we are responsible, and claims for other damages resulting from an intentional or grossly negligent breach of duty on our behalf. For the aforementioned exceptions to claims, the statutory limitation period of 2 years shall apply. Restrictions to or exclusions of warranty claims in general shall not apply in the event that we give a guarantee of the quality of the goods or in cases of fraudulent concealment on our behalf as stipulated under Section 444 of the German Civil Code (§ 444 BGB). A manufacturer’s warranty, where applicable, is likewise not affected. Furthermore, the regulations of Section 478 of the German Civil Code (§ 478 BGB) regarding the recourse of the entrepreneur for the sale of newly manufactured goods to a consumer shall not be affected either. Any exclusion or limitation of liability on our part and any related exception as specified above shall also apply to the personal liability of our employees, staff, legal representatives and vicarious agents.

8.4. In the event of defects subject to statutory warranty, we shall be obliged, within the warranty period, to ensure free supplementary performance, i.e. to remedy the defects or provide replacement. Consumers as contractual partners shall be free to choose whether supplementary performance shall take the form of remedying the defect or providing replacement. Where special conditions specified by the law are met, we shall be entitled to refuse the form of supplementary performance chosen, particularly where this involves disproportionate costs, whereas the other option of supplementary performance would not result in significant disadvantage to the contractual partner. In the case of contracts with entrepreneurs, the form of supplementary performance shall be at our discretion.

Should we not be willing or able to ensure the remedy of defects or provide replacement, or should this be delayed beyond an reasonable period of time for reasons we bear responsibility for, or should the remedy of defects or provision of replacement fail in any other way, you may choose to demand a reduction of the purchase price or to revoke the contract. Should the statutory requirements be met, the buyer may furthermore be entitled to the compensation of damages. Revocations as well as damages in lieu of full performance are further excluded, should the defect only marginally lessen the value or the fitness of the goods purchased.

8.5 Your customer satisfaction is important to us. You are welcome to contact us using any of the means stated above. We endeavour to review your concern as quickly as possible and will contact you after having received the documents, your input or complaint. Kindly allow us some time for this, as warranty cases often necessitate the involvement of the manufacturer. In the case of complaints, you may help us by describing the issue as precisely as possible and, if necessary, supplying a copy of the ordering documents or at least indicating your order number, customer number, etc. If you do not receive a reply within 5 working days, please check back with us. In rare cases, e-mails may get caught in spam filters on your or our side or a message might not reached you for some other reason or may accidently not have been sent.

For service inquiries, please contact our customer service which you may reach as follows:

Gustav Windeit GmbH
Lübecker Straße 87
D-23843 Bad Oldesloe
Germany
Fax: +49 4531 67908-33890
Tel: +49 4531 67908-800
service@windeit.de

8.6. To ensure smooth processing of your warranty claim, please notify us of your shipment by e-mail or fax in order to apply for a return number. Failure to meet this request does not affect your statutory rights, but it will help us to process your request.

8.7. We ourselves do not make any promises of guarantee with regards to the items in our range of products. Guarantees promised by the manufacturer do not constitute a legal relationship with us, but rather exclusively give the customer rights vis-à-vis the guarantor. The aforementioned warranty rights of the customer with regard to us are not affected

9. Data protection notice

Our data protection practices comply with statutory requirements. Details regarding the collection and use of your personal data can be found in our data protection regulations.

10. Export licence

Any authorisation from the Federal Office of Economics and Export Control in Eschborn/Taunus required for the export of the supplied goods must be obtained by the buyer in thei own name and at their own cost. Should such an authorisation not be granted, this does not entitle the buyer to revoke the contract.

11. Applicable law, place of jurisdiction

11.1 Any legal transactions or other legal relationships shall be subject to the law of the Federal Republic of Germany. The provisions of the UN Law on the International Sale of Goods (CISG) as well as any other cross-national agreements, even after these have been adopted by German law, shall not apply. This choice of law includes the fact that customers with their main residence in one of the EU states or Switzerland will not be deprived of the protection of the imperative provisions of the law of that country.

11.2 The place of jurisdiction for legal disputes concerning these General Terms and Conditions as well as any individual contracts performed under these terms, including lawsuits regarding bills of exchange and cheques, shall be our head office. In this case, however, we are also entitled to file a lawsuit at any other legal venue. A exclusive place of jurisdiction shall not be affected by the aforementioned provision.

12. Severability clause

Should individual provisions of these General Terms and Conditions, as a whole or in part, be void or become void at a later point in time, the validity of the General Terms and Conditions shall not be otherwise affected. Statutory provisions will take the place of the void provisions. The same shall apply, should these General Terms and Conditions contain an unforeseen loophole.

Information regarding the disposal of batteries

Chemical contents of batteries may harm the environment and health, if they are not stored and disposed of properly. Only a collection and recovery separate from other household consumer waste can prevent a negative impact on health and the environment. Batteries may contain recyclable raw materials. Thus, batteries may not be disposed of with normal household waste.

As the end user, you are legally obligated to return used batteries (rechargeable or non-rechargeable) or to dispose of them appropriately. To that end, you may dispose of your used batteries at your local public collection sites or at the point of sale (in the case of a shipper, you may return your batteries at the warehouse) free of charge. The return of batteries to the point of sale is limited to a reasonable amount for end users and to the type of batteries which the retailer has or has had in their product range.
The symbol of a crossed out wheelie bin means that batteries may not be disposed of with regular consumer waste due to the their hazardous material content. Below this symbol, you may find the following symbols, meaning:

Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury


As at June 2014
Your Gustav Windeit GmbH

These General Terms and Conditions also constitute intellectual property protected by copyright laws. Third party usage – even extracts – for commercial reasons such as the offering of goods and/or services is not permitted. Violations will be prosecuted. WIENKE & BECKER assumes no liability towards third parties, in particular not for the completeness and up-to-dateness of the aforementioned information.
© 2011 WIENKE & BECKER - KÖLN legal practitioners

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