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General Terms
& Conditions
§1 Scope of Application
These General Terms and Conditions (“Terms”) apply to all contracts, deliveries and services provided by Werbe- & Haustechnik Kirsten GmbH, August-Schanz-Straße 46, 60433 Frankfurt am Main, Germany (the “Company”).
Customers within the meaning of these Terms include both consumers (Section 13 BGB) and business entities (Section 14 BGB). Any deviating terms proposed by the customer will not be recognised unless the Company has expressly agreed to them in writing.
§2 Offer and Conclusion of Contract
Our offers are subject to change and non-binding, unless expressly marked as binding.
A contract is only formed once the Company confirms an order in writing, by email, or by delivering the goods or providing the service.
We reserve the right to make technical changes, deviations and improvements to our services, provided these are reasonable for the customer.
§3 Prices and Payment Terms
All prices are quoted in euros and include statutory VAT, unless stated otherwise.
Invoices are due for payment immediately upon receipt, without deduction, unless otherwise agreed.
The customer is in default at the latest 14 days after the due date and receipt of the invoice, without any further notice being required.
§4 Delivery and Performance
Deliveries are made ex works from the Company’s premises, unless otherwise agreed.
Delivery deadlines are only binding if expressly agreed as such.
In the event of force majeure, supply shortages or other unforeseeable circumstances, delivery deadlines will be extended accordingly.
§5 Transfer of Risk
For consumers, the risk of accidental loss or deterioration of the goods only passes to the consumer upon handover of the goods.
For business customers, the risk passes upon handover of the goods to the carrier.
§6 Warranty
Statutory warranty rights apply.
For business customers, the warranty period for delivered goods is 12 months from the date of delivery.
Obvious defects must be reported in writing without delay after receipt of the goods.
§7 Liability
The Company is liable without limitation for damages resulting from injury to life, body or health, as well as in cases of intent or gross negligence.
In cases of slight negligence, the Company is only liable for breaches of material contractual obligations (cardinal obligations) and limited to foreseeable damage.
§8 Retention of Title
Delivered goods remain the property of the Company until full payment of all claims arising from the contractual relationship has been received.
§9 Data Protection
Personal data is processed exclusively in accordance with statutory data protection regulations.
Further information on the processing of personal data can be found in our Privacy Policy.
§10 Governing Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
§11 Place of Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Frankfurt am Main.
§12 Final Provisions
Should any individual provision of these Terms be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected.
Amendments or additions to these Terms must be made in writing.
§13 Right of Withdrawal for Consumers
Consumers generally have a statutory right of withdrawal for contracts concluded away from business premises and for distance contracts.
Withdrawal Instructions
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you, took possession of the goods.
To exercise your right of withdrawal, you must inform us
Werbe- & Haustechnik Kirsten GmbH
August-Schanz-Straße 46
60433 Frankfurt am Main
Germany
Email: info@whtk.de
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email).
Effects of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you without undue delay and no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill in this form and return it to us.)
To:
Werbe- & Haustechnik Kirsten GmbH
August-Schanz-Straße 46
60433 Frankfurt am Main
Germany
I/We hereby give notice that I/we withdraw from my/our contract for the purchase of the following goods / the provision of the following service:
__________________________________________
Ordered on / received on: __________________
Name of consumer(s): __________________
Address of consumer(s): __________________
Signature of consumer(s) (only if this form is notified on paper): __________________
Date: __________________