General Terms and Conditions of Business
General Terms and Conditions of Business
Werner Kern Tanzschuhe GmbH
Tel.: +49 (0) 6181 62076
Fax: +49 (0) 6181 650586
Managing Director: Peter Kern
Register Court: Hanau
Commercial register number: HRB 4790
VAT ID No.
pursuant to § 27a German Turnover Tax Act: DE 152731348
- Scope of application
Our deliveries based on the offers of this online shop are subject exclusively to the following conditions. These conditions also apply even if the firm Werner Kern Tanzschuhe GmbH delivers without reservation despite knowledge of your contradictory or deviating conditions. Deviating conditions are only binding for us if we have explicitly acknowledged them as such.
Where mention is made of consumers in these Terms and Conditions of Business, this refers to natural persons whose orders cannot be attributed to the purposes of commercial, independent or free-lance business activities. Entrepreneurs are natural or legal persons or joint partnerships with legal capacity that order for commercial, independent or free-lance business purposes. Customer in the meaning of these Terms and Conditions of Business can refer to a consumer or an entrepreneur.
- Contract partner, Contract conclusion
Your contract partner is the firm Werner Kern Tanzschuhe GmbH, Borsigstraße 3, 63456 Hanau.
Our offers at www.werner-kern.de are non-committal, unless they explicitly become the contents of a contractual agreement. A binding contract comes into being if we accept your order by virtue of separate order confirmation or by delivering the goods. The electronic order confirmation serves solely to notify the customer that the order has actually been received, but does not imply that we have accepted the order.
- Prices, Mailing costs
The prices valid as of the day we dispatch apply. Unless stated otherwise, all prices are understood as plus postage and packaging. For all deliveries we reserve the right to make shipment per cash on delivery or cash in advance.
We invariably endeavour to dispatch your orders as a single consignment. If subsequent deliveries are nevertheless necessary, then these shall be made post-paid for you. In order to avoid double deliveries, Werner Kern Tanzschuhe GmbH requests that articles in arrears are not ordered again. Please state article, size and colour in inquiries about articles in arrears.
- Reservation of title
If you order for private purposes, the delivered goods remain our property until the purchase price is fully paid (until accepted cheques are redeemed).
In commercial business transactions the delivered goods remain our property until all claims from the business relationship are fulfilled. The buyer may only resell the goods within the context of orderly business. If the buyer is in default with payment we reserve the right to revoke the aforesaid consent to reselling the goods delivered under our retention of title and to withdraw from the contract and demand that the items be surrendered to us. Receivables from the resale of conditional goods must be assigned to us as security for our claims. The buyer must inform us immediately in the case that goods subject to retention of title are attached.
- Right of revocation of consumer orders
You can revoke your declaration to contract within 14 days without stating reasons by sending a text message (e.g. letter, fax, email) or – if the item is provided to you before the period expires – by sending back the item. The due period begins after you receive this instruction in text form, but not before the goods arrive at the recipient (not before arrival of the first partial delivery in the case of recurring delivery of the same type of goods) and also not before fulfilment of our obligations to inform pursuant to Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our obligations pursuant to § 312e para. 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. It suffices to observe the due period allowed for revocation if the revocation notice or the item is dispatched in good time.
The revocation must be addressed to:
Werner Kern Tanzschuhe GmbH, Borsigstraße 3, 63456 Hanau
In the case of an effective revocation, the reciprocally received performances must be returned and any possibly enjoyed usefulness (e.g. interest) surrendered. You must pay us compensation for diminished value if you are unable to give us back the received performance and benefits (e.g. usefulness) wholly or partially or only in a worsened condition. You need only pay compensation for the worsened state of the item if this is caused by handling it in a way beyond solely examining the characteristics and functioning. “Examining the characteristics and functioning” is understood as testing and trying out the goods – as is possible and usual in a shop, for instance. Items suitable for parcel shipment are sent back at our risk. You must bear the normal costs of return shipment if the delivered goods are the same as the goods ordered and the price of the item to be sent back does not exceed EUR 40.00 or, if the price is higher, you have not yet made the counter-performance or a contractually agreed part payment at the point in time of revocation. Otherwise, return shipment is free of cost for you. Items not suitable for parcel shipment will be collected from you. Obligations to refund payments must be fulfilled within 30 days. This period begins for you with dispatch of the revocation declaration or the item, and for us with receipt of the same.
Exclusion of the revocation right
Amongst other circumstances, there is no right to revoke contracts for delivery of goods manufactured to customer specifications or unambiguously tailored to meet personal requirements or which due to their nature are not suitable for return shipment or can spoil quickly.
End of the revocation instruction
- a) Customers are accorded the statutory warranty period of 2 years for goods delivered by us. This period begins with delivery of the goods. Warranty claims of entrepreneurs are limited to 1 year.
- b) Entrepreneurs must report obvious deficiencies in writing immediately, but in any event no later than within 14 days after receiving the goods. Prompt dispatch of this notification suffices to observe the due period. § 377 HGB (German Commercial Code) applies correspondingly for entrepreneurs.
- c) Explicitly exempt from the aforesaid restrictions or exclusions of the warranty liability regulations in 7 a) and 7 b) are damage compensation claims founded in a deficiency causing injury to life, limb or health resulting from a breach of duty for which we are answerable, and compensation claims for other damages resulting from a wilful or grossly negligent breach of duty on our part. The statutory limitation period of 2 years applies for the aforesaid exempted claims. Inasmuch as our liability is excluded or limited or exemptions therefrom are regulated above, then this shall also apply for the personal liability of our workers, employees, lawful representatives or vicarious agents.
- d) In the event of defects subject to the statutory warranty period we are obligated during the warranty period to perform subsequent fulfilment free of cost, i.e. defect remedy or replacement delivery of an item free from defects. Consumers have the right to choose whether a deficiency shall be subsequently remedied by new delivery or by defect remedy. Werner Kern Tanzschuhe GmbH reserves the right to refuse subsequent improvement in some cases, especially if this involves a disproportionately high outlay. Werner Kern Tanzschuhe GmbH reserves the right to choose the type of subsequent fulfilment in contracts with entrepreneurs. The statutory warranty regulations apply otherwise.
- Other liability
Werner Kern Tanzschuhe GmbH is liable otherwise for damage compensation claims, especially in tortious liability, in accordance with the statutory regulations.
- Passage of risk
In the case of a contract with a consumer, risk passes to the consumer as soon as he receives the goods from the freight carrier. If the contract is with an entrepreneur, then risks passes to the entrepreneur as soon as Werner Kern Tanzschuhe GmbH has handed the goods over to the freight carrier.
- Data privacy
Your data are treated by Werner Kern Tanzschuhe GmbH as strictly confidential and are not forwarded to third parties. Werner Kern Tanzschuhe GmbH uses the data in accordance with § 28 BDSG (Federal Data protection Act).
- Place of fulfilment, Governing law
- The registered domicile of Werner Kern Tanzschuhe GmbH is place of fulfilment for all performances from the business relationship with the customer if the customer is an entrepreneur and not a consumer.
- German law applies under exclusion of UN commercial law. In the case of consumers, this choice of law only applies inasmuch as this does not deprive the consumer of the protection accorded by mandatory provisions of law of the state in which the consumer has his usual place of residence.
Hanau is agreed as place of jurisdiction in business dealings with entrepreneurs for all legal disputes arising from the contract, including cheque and bill of exchange protests. We reserve the right to also bring legal action at the place of domicile of the customer.