General terms and conditions

§ 1 Applicability, definitions of terms

(1) Holz-Jaeger UG (haftungsbeschränkt), Sodbruch 5, 51588 Nümbrecht, Germany (hereinafter: “we” or “Werkzeug-Garten”) operates an online store for goods under the website http://werkzeug-garten.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed. (2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into obligations.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following provisions on the conclusion of a contract apply to orders placed via our online store at http://werkzeug-garten.de. (2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract. (3) Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:

1. Selection of the desired goods,
2. Adding the products by clicking the appropriate button (e.g. “Add to cart”, “Add to shopping bag” or similar),
3. Checking the information in the shopping cart,
4. Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Entry/verification of address and contact details, selection of payment method, confirmation of GTC and cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Completion of the order by pressing the button “Buy now”. This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us within three working days to the specified e-mail address.

(4) If the contract is concluded, the contract is concluded with Holz-Jaeger UG (haftungsbeschränkt), Sodbruch 5, 51588 Nümbrecht, Germany. (5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after the order has been placed by you, partly automatically. We do not store the contract text after conclusion of the contract. (6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process. (7) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract is our online store:

1. The sale of goods. You can see the concrete offered goods on our article pages.

(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the article description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes. (2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the payment claims are due for payment immediately. (3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview. (4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (regular delivery time depending on the destination: [ 2 – 5 working days ] after receipt of payment). (5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Germany, Denmark, Estonia, Finland, France, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Austria.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship. (2) The goods shall remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer you have a right of withdrawal. This is based on our revocation policy.

§ 7 Contract language

The contract language is exclusively German.

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence. (2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.

§ 9 Warranty

(1) The warranty shall be governed by the statutory provisions. (2) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. (3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office. (4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are ready to participate in an out-of-court conciliation procedure.