Terms and conditions.
General terms and conditions
Supplier: IW Vertriebs GmbH
Winterswicker Feld
47495 Rheinberg
Telephone 02843 - 958971
E-mail: contact@isabell-werth.de
Kleve District Court – 19697
VAT registration number: DE 815666332
Managing director: Isabell Werth - hereinafter referred to as Isabell Werth -
1. General/Validity These General Terms and Conditions apply, insofar as they are contractually integrated and nothing else is expressly regulated in the offer text, to all deliveries and services of.
2. Regulations and information on the conclusion of the contract a) General All representations on the ISABELL WERTH websites merely represent a non-binding invitation to the customer to submit offers. b) Technical steps leading to the conclusion of the contract and the conclusion of the purchase contract when ordering via the online store: To order one or more items via the online store, the items must first be marked for order by clicking on the “shopping cart” link or button. In the “shopping cart” (which you can access at any time via a link in the shop), you will then be guided through the ordering process, with each step explained and the necessary information requested. The ordering process is complete when the customer finally clicks on “order with obligation to pay”. This constitutes the customer's offer to conclude the contract, which ISABELL WERTH can accept within two working days. The acceptance of the offer by ISABELL WERTH takes place - after sending an order confirmation - by separate order confirmation or delivery of the goods. The purchase contract is concluded upon acceptance by ISABELL WERTH. Notwithstanding the above, the contract shall already be concluded before the order confirmation is sent if either the order confirmation includes a request for payment or if the payment process is initiated and completed during or immediately after the completion of the order process. c) Conclusion of contract when ordering by telephone, email, fax or letter If expressly offered in the online shop, the contract is concluded when the customer places an order by telephone, email, fax or letter as follows: The customer verbally or in writing declares his binding intention to purchase precisely specified items from the range offered in the online shop. This constitutes the customer's offer to conclude the contract, which ISABELL WERTH can accept within five days of receipt. The offer is accepted by ISABELL WERTH by sending the delivery confirmation or delivering the goods. The purchase contract is thereby concluded. d) Storage and access to the contract text ISABELL WERTH stores the contract text and sends the order data and the contractual conditions to the customer by e-mail. This provides the customer with the opportunity to access the contractual provisions when the contract is concluded and to store them in a reproducible form. With the exception of the freely accessible terms and conditions, access to the contract texts stored by ISABELL WERTH is only possible for registered customers via the customer account. e) Recognizing and correcting input errors: In order to recognize and prevent input errors during the ordering process, the customer is shown an overview page for checking before the effective order, with the help of which he can check all the details of the order and correct the data entered in the input fields themselves or by using the “back” button of the internet browser. f) Languages available: The language of the contract is German.
3. Prices and payment terms: The prices displayed at the time of the order apply. Packaging and shipping costs, if any, will be charged in addition and displayed to the customer in good time. In the event of an order from abroad, it cannot be ruled out that your bank or country may levy unknown costs or taxes, such as (import) duties or processing fees for payment. These are not costs that are transferred or invoiced. ISABELL WERTH accepts all payment methods indicated on the website and issues an invoice to the customer for the goods ordered, which is sent to the customer in text form at the latest upon delivery of the goods. The total purchase price of the goods ordered is payable depending on the selected payment method.
4. Packaging and shipping costs: The customer will be notified of packaging and shipping costs, if any, in good time before the order process is initiated.
5. Delivery and delivery times: The goods are delivered to the customer by third-party providers (delivery services). The delivery times can be found either in the product description or in the separately retrievable information about shipping in the shop. Partial deliveries are possible if the customer a) has been informed of this possibility and the resulting consequences for the right of withdrawal in our cancellation policy and b) is not recognizably uninterested in them or can reasonably be expected to accept them. Reasonable expectations are deemed to exist if – the partial delivery can be used by the client within the scope of the contractually intended purpose, – the delivery of the remaining ordered goods is ensured and – the customer does not incur any significant additional expenses or costs as a result or the seller agrees to bear these costs. The costs for transport and packaging, insofar as these are charged, are only charged once for partial deliveries.
6. Transfer of risk If the customer is an entrepreneur, i.e. if he is acting in the course of his commercial or independent professional activity when concluding the contract, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery, in the case of mail order purchases upon delivery of the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. In all other cases, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over, regardless of the chosen method of delivery.
7. Exclusion or premature expiration of the right of withdrawal The right of withdrawal does not apply if the customer is acting in a commercial or self-employed capacity when concluding the contract and is therefore an entrepreneur within the meaning of § 14 of the German Civil Code (BGB). Furthermore, the right of withdrawal does not apply to contracts - for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer; - for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded; - for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which cannot be delivered until at least 30 days after the contract was concluded and whose current value depends on market fluctuations over which the company has no influence; - for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts. - for consumers, provided that the order is from a country and the shipment is made to a country that is not a member of the European Union. The right of withdrawal expires prematurely in the case of contracts - for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery; - for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature; - for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
8. Warranty, Guarantee: There is a statutory right of liability for defects, in this respect the statutory periods shall apply. Should a guarantee be stated in the offer, the statutory liability for defects shall remain unaffected.
9. Retention of Title: All deliveries are made under retention of title. The delivered goods remain the property of ISABELL WERTH until the purchase price has been paid in full.
10. Complaints Handling and Dispute Resolution Procedures The complaints handling procedure of ISABELL WERTH meets the requirements of professional diligence. Should the customer wish to make a complaint, they can do so in writing or orally using any of the means of communication and addresses/numbers mentioned here. Prompt processing is assured. It should be noted that ISABELL WERTH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Information on the packaging regulation It should be noted that ISABELL WERTH is affiliated with an approved dual system in accordance with legal requirements.
12. Place of Jurisdiction, Choice of Law The place of jurisdiction for all disputes in connection with the delivery transaction is the registered office of ISABELL WERTH if the customer is a merchant, a legal entity under public law or a special fund under public law. The parties to the contract agree that the law of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection afforded to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the state in which the consumer has his habitual residence shall apply.