Terms and Conditions for End Customers
Section 1 Jurisdiction, Contractual Partner
(1) The following Terms and Conditions of ISAR–WÜRM–LECH IWL, hereinafter the Seller, shall apply for all orders by consumers, hereinafter the Buyer, through the online shop. A consumer shall be a natural person who concludes a legal transaction for purposes that cannot primarily be attributed either to their commercial or self-employed professional activity.
(2) For ISAR–WÜRM–LECH IWL contracts with entrepreneurs, for retailers the Terms and Conditions shall apply, which after logging on to the retailer section can be retrieved as a pdf file. An entrepreneur shall be any natural or legal person or partnership with legal capacity, who when placing the order is conducting their commercial or self-employed professional activity.
(3) The contract shall be concluded with ISAR–WÜRM–LECH IWL. Further information (address etc.) is available in the Imprint. Should you have any questions or complaints you can reach our customer service on our website www.pureposition.de.
Section 2 Conclusion of Contract
(1) The presentation of our products in the online shop shall not be a legally binding proposal but merely an invitation for a legally binding proposal to be submitted. By clicking on the Order button, you submit a binding order for the products in your shopping cart. Receipt of the order shall be confirmed by an automated e-mail together with acceptance of the order immediately after you send it. The purchase contract shall be concluded with this e-mail confirmation unless, that is, you have chosen PayPal as your method of payment. In that case the contract shall in any case be concluded on confirmation of the payment instruction or by the payment service provider, and unless you chose an immediate transfer as your method of payment. In that case the contract shall in any case be concluded on confirmation of the payment instruction or by the payment service provider, unless you chose an immediate transfer as your method of payment. A condition for the effective conclusion of the contract shall at all times be that the order process is concluded when the order is sent.
(2) Inasmuch as it is acceptable, the ordered products may differ slightly from those displayed on the website, in particular in terms of color, on account of what is technically possible.
(3) The contract shall be concluded subject to the proviso that in the event of deliveries to ourselves being incorrect or improper, we fulfill the contract only in part or not at all. This shall apply only in the event of the Seller not being responsible for the non-delivery and said Seller having with due diligence concluded a cover transaction. The Seller shall make all reasonable efforts to procure the goods, otherwise any received payment shall be refunded immediately. In the event of the goods not being available at all, or only in part, the Buyer shall be informed immediately.
(4) The Seller shall store the contents of the contract and send them, together with the Terms and Conditions to the customer by e-mail.
Section 3 Retention of Title
(1) In the case of consumers, the Seller reserves the right to title of the goods until the purchase price has been paid in full.
(2) In the event of conduct on the part of the customer that constitutes a breach of contract, in particular in the event of default of payment, false declarations by the customer about their creditworthiness or identity, or if application is made to open insolvency proceedings, the Seller shall be entitled, where appropriate after setting a deadline, to withdraw from the contract and demand the goods be returned, provided that the customer has not yet made the payment at all, or not in full.
Section 4 Remuneration
(1) The purchase price stated shall be binding. Statutory valued added tax shall be included in the purchase piece. For additional delivery costs for shipment please refer to the shipment cost overview. Packaging costs shall be included in the shipment costs.
(2) The customer shall pledge to pay the purchase price plus possible delivery costs at the latest within 14 days after receipt of the electronic order confirmation or the Seller’s invoice. After expiry of the deadline the customer shall be considered to be in default of payment.
(3) The customer shall have a right to set-off only if their counterclaims have legal effect and have been recognized or are not disputed by the Seller. This shall not affect the Buyer’s right to set-off with contractual and other claims from the initiation or fulfillment of this contract. The customer shall only be able to exercise a right of retention if their counterclaim relates to the same contract.
Section 5 Possible Payment Methods
(1) The customer shall be able to pay by immediate transfer, PayPal, invoice or cash on delivery. In specific cases the Seller shall reserve the right, in the event of payment by invoice, to make this method of payment dependent on a check of the Buyer’s creditworthiness.
(3) In the event of payment by cash on delivery the customer shall pay the shipment company directly.
(4) In the event of payment by invoice the customer shall, during the order procedure, be informed of currently valid Special Terms and Conditions and shall expressly agree to these.
(5) You will find information about charges that possibly will be incurred by your choice of payment method in our customer information and in the Payment Methods section of our website.
Section 6 Shipment
(1) The Seller delivers exclusively to Germany. It is not possible for customers to pick up the goods themselves.
(2) The delivery period for deliveries is stated on the relevant product page. The beginning of the delivery period (regardless of the method of payment chosen) shall be as per para. 3 to 5.
(3) In the event of advance payment/bank transfer or PayPal, the delivery period shall begin one day after the payment instruction. For all other payment methods, the period shall begin one day after the order is placed.
(4) Should the beginning or end of the period fall on a Saturday, Sunday, or public holiday, the beginning or end of the period shall be put forward to the following working day.
(5) With regard to the proviso relating to the proper delivery of goods to the Seller, the latter makes reference to section 2 para. 3 of these Terms and Conditions.
(6) The Seller shall reserve the right to make deliveries in part only should there be legitimate grounds on the part of the Seller for so doing and it can be expected of the customer. The Buyer shall not incur any additional costs as a result.
Section 7 Legal Right of Revocation
You shall have the right to revoke your declaration of contract within 14 days without stating your reasons. The revocation period shall be 14 days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the goods. For recurring deliveries of identical goods or deliveries in part not before the arrival of the first delivery in part.
In order to exercise your right of revocation you must inform us:
by means of an unequivocal statement (e.g., a letter sent by post, a fax, or an e-mail) of your decision to revoke this contract. Should you make use of this possibility we will send you confirmation of receipt of the revocation by e-mail.
To comply with the period of revocation it is sufficient for you to send notification of the exercise of your right of revocation prior to expiry of the revocation period.
Consequences of revocation: Should you revoke this contract we must reimburse you without delay, and at the latest within 14 days from the day on which we received notification of your revocation of this contract, all payments we have received from you, including delivery costs (with the exception of the additional costs incurred by your choosing a different form of delivery from the cheapest, standard delivery we offer). For this reimbursement we use the same method of payment you employed for the original transaction unless, that is, something to the contrary was expressly agreed with you. Under no circumstances will you incur charges for this remuneration.
We can refuse reimbursement until such time as we have received the goods back or you provide proof that you have sent the goods back, whichever comes first.
You must send us back or hand us back the goods without delay and at most 14 days after the day on which you informed us of the revocation of this contract. The deadline shall be met if the goods are dispatched prior to expiry of the 14-day period.
We shall bear the direct costs of the return of the goods.
In the event of the goods being unable to be dispatched by normal post we shall where necessary, and with your agreement, arrange for them to be picked up by a forwarding agent.
You shall only have to cover a possible loss in value of the goods if this loss in value is attributable to their being treated in an unnecessary manner on the inspection of their condition, features, and operation.
End of the information about the right of revocation.
Section 8 Transfer of Risk
(1) The risk of accidental loss or accidental deterioration of the sold goods shall transfer to the Buyer when the goods are handed over.
(2) The hand-over shall be deemed to have taken place if the Buyer is in default of acceptance.
Section 9 Warranty
(1) Specifications, drawings, illustrations, technical data, descriptions of weight, dimensions, and performance received from outside our web shops are for information purposes only. ISAR–WÜRM–LECH IWL shall accept no responsibility for the accuracy of these specifications. With regard to the type and content of the delivery the information in the order confirmation shall be decisive.
(2) Should there be a defect that is covered by warranty, the Buyer shall by law be entitled to demand rectification, to withdraw for the contract, or to reduce the purchase price.
(3) In the event of goods being returned on account of defects, the Seller shall cover the cost of the return of the goods. Furthermore, the information published on our website relating to the modalities of the return shall apply.
(4) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at any time. For this reason, the Seller shall not be responsible for the permanent and uninterrupted availability of the products offered online.
(5) With regard to the period of limitation for warranty claims for the goods delivered, statutory provisions shall apply.
Section 10 Liability Limitations
(1) The Seller shall only be liable for their own contents on the website of their own online shop. Inasmuch as links enable access to other websites, the Seller shall not be responsible for the third-party contents on them. The Seller does not make the foreign contents their own. Inasmuch as the Seller is made aware of illegal contents on external websites, they shall block access to these pages immediately.
(2) The Seller shall not be liable in the event of the slightly negligent breach of immaterial contractual duties.
(3) Furthermore, statutory provisions shall apply.
Section 11 Concluding Provisions
The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This shall apply only inasmuch as through it the Buyer is not deprived of the protection conferred by mandatory provisions of the law of the country in which they are usually resident.
“I declare expressly that I agree to my name, my address, and other information about me, which I expressly disclose to ISAR–WÜRM–LECH IWL, being passed on to an ISAR–WÜRM–LECH IWL authorized dealer to be chosen by ISAR–WÜRM–LECH IWL for the purpose of the dealer contacting me. I herewith consent to the data required for this being collected and stored by ISAR–WÜRM–LECH IWL and used for the purpose of forwarding. I can revoke the consent at any time in writing to ISAR–WÜRM–LECH IWL. The latter shall pledge to forward this revocation of consent to the relevant dealer without delay”.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.
Alternative dispute resolution in accordance with art. 14 para. 1 of the Directive on Online Dispute Resolution and section 36 of the Consumer Dispute Resolution Act (VSBG):
The European Commission maintains a platform for online dispute resolution, which you will find at https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to take part in dispute resolution proceedings before a consumer arbitration board.