Terms and Conditions of Trade

Terms and Conditions of Trade
(Status: January 2021)

Werner Kern Tanzschuhe GmbH
Borsigstraße 3
63456 Hanau

Phone: +49 (0)6181 62076
Fax: +49 (0)6181 650586
E-mail: info@werner-kern.de
Internet: www.werner-kern.de

Managing Director: Peter Kern
Register court: Hanau local court
Register number: HRB 4790
Value added tax identification number
according to § 27a of German Sales Tax law: DE 152731348

  1. Scope
    The following terms and conditions apply exclusively to our deliveries and services based on the offers of this online store, accessible via www.werner-kern-ballerinas.de. These shall also apply if Werner Kern Tanzschuhe GmbH carries out the delivery without reservation in the knowledge of your conflicting or deviating conditions. Deviating terms and conditions shall only be binding subject to our explicit acknowledgment.
    Insofar as these terms and conditions refer to consumers, these are natural persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. Entrepreneurs are natural or legal persons or partnerships with legal capacity who order for commercial, self-employed or freelance purposes. Customers in the sense of these terms and conditions are both consumers and entrepreneurs.
  2. Contractual partner, conculsion of contract
    Your contractual partner is
    Werner Kern Tanzschuhe GmbH
    Borsigstraße 3
    63456 Hanau
    Our offers on the website www.werner-kern-ballerinas.de are subject to change without notice, unless they expressly become the content of a contractual agreement. A binding contract is concluded upon our acceptance of your order by separate order confirmation or by delivery of the goods. Our electronic order confirmation does not constitute an acceptance of the contract, but merely serves to notify the customer of the actual receipt of the order.
  3. Prices, Shipping Costs
    The prices on the day of our delivery are valid. Price changes occurring between the date of your order and the date of our order confirmation or delivery constitute a deviating offer, which you accept upon receipt of the goods or payment. All prices are exclusive of postage and packing unless otherwise specified. We reserve the right to ship cash on delivery or payment in advance for all deliveries.
  4. Delivery
    We always strive to ship all of the goods you have ordered in one shipment. If, however, subsequent deliveries are necessary, they will be made free of postage.
    In order to avoid double deliveries, Werner Kern Tanzschuhe GmbH kindly requests that you do not reorder items that are already on backorder. When inquiring about backorders, Werner Kern Tanzschuhe GmbH kindly asks you to indicate the article, the size and the color in each case.
  5. Delivery time
    The delivery time of our goods is usually 1 - 2 working days from the date of order. If goods are not in stock, they cannot be ordered.
  6. Payment
    Depending on the amount of your order, the balance of your customer account as well as the result of the credit check listed under data protection (Regarding information on your previous payment behavior), you will be offered a choice of the following payment options:
    a.    Prepayment (bank transfer)
    b.    Paypal
    c.    Cash on delivery
    d.    Payment by credit card (Mastercard or VISA-Card)
    If payment by credit card is offered, your credit card account will be charged when the ordered goods are sent to the specified recipient.
    Shipping to foreign countries is only possible against advance payment or payment by credit card. Werner Kern Tanzschuhe GmbH is entitled to make deviating agreements in individual cases.
  7. Retention of Title
    If you order for private purposes then the products delivered remain our property until full payment of the purchase price (until clearance in the event that cheques are accepted).
    In commercial business, the products delivered remain our property until payment of all accounts receivable from the business relationship. The products may be sold by the buyer only in the course of normal business operations. We reserve the right to revoke existing consent to the resale of the products delivered under retention of title and, in the case of default in payment by the buyer, to withdraw from the agreement and demand surrender of the products. Accounts receivable from the resale of products under retention of title must be assigned to us as security for our claims. The buyer must inform us immediately in the event of distraint performed on the premises of the same in products subject to retention of title.
  8. Right of revocation for consumer contracts

    Cancellation policy

    You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. If the goods are delivered in several partial shipments, the period shall run from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the last goods. In order to exercise your right of cancellation, you must inform us by means of a clear declaration (e.g. a letter sent by post, fax, e-mail) of your decision to cancel this contract. For this purpose, you can use the sample "Declaration of cancellation" form available below, which is, however, not mandatory. To comply with the cancellation period, it is sufficient that you send the notice of exercise of the right of cancellation before the expiry of the cancellation period.
    The cancellation is to be sent to:

    Werner Kern Tanzschuhe GmbH
    Borsigstraße 3
    63456 Hanau
    Fax: +49 (0) 6181 650586
    E-Mail: info@werner-kern.de

    Consequences of revocation

    If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the returned goods or you have provided proof that you have returned the goods, whichever takes place first. You must return or hand over the goods immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to

    Werner Kern Tanzschuhe GmbH
    Borsigstraße 3
    63456 Hanau, Germany

    The deadline shall be deemed to have been met if you send off the goods before the expiry of the 14-day period. You only have to pay for a possible loss in value of the goods if this loss in value can be attributed to a contact with you that is not necessary for the examination of the condition, properties and functioning of the goods.

    End of the cancellation policy

    Download our sample Cancellation form:
    Sample-Revocation-Form-Shop-Werner-Kern.pdf (28KB)
    Exclusion of the right of withdrawal
    The right of withdrawal does not apply , among other things, to contracts for the delivery of goods that are made to costumer specifications or clearly tailored to personal needs or which, due to their nature, are not suitable for return or can spoil quickly.

  9. Warrenty
    1. The statutory guarantee period of 2 years for Consumers applies to the goods delivered by us to the costumers. The period begins upon delivery of the goods. Warrently claims for entrepreneurs are limited to a periodof 1 year.
    2. Entrepreneurs must report obvious defects immediately. The regulation of § 377 HGB (German Commercial Code) shall apply.
    3. The restrictions or exclusions from guarantee liability ensuing from the aforementioned provisions 9. a) and 9. b) explicitly exclude damages claims due to a defect for injury to life, body or health that are caused by a breach of duty for which we are responsible and damages claims for other damages resulting from a deliberate or grossly negligent breach of duty by us. The statutory limitation period of 2 years applies for the aforementioned excluded claims. If our liability is excluded or limited or if aforementioned exceptions are governed by the same then this shall also apply for the personal liability of our employees, staff, legal representatives or agents.
    4. During the warrenty period, we are obligated to provide subsequent perfomance free of  charge in the event of defects that are subject to the statuary warrenty, i.e.to remedy the defect or to provide a replacement delivery of a defect-free item. Consumers have the option whether, in the event of a defect, subsequent performance is to be effected by means of a new delivery or by means of rectification of the defect. In some cases, Werner Kern Tanzschuhe GmbH reserves the right to refuse retification, especially if this would involve disproportionately high costs. For contracts with entrepreneurs, Werner Kern Tanzschuhe GmbH reserves the right to choose the method of subsequent perfomance.
    5. The European Commission provides a platform for on-line dispute resolution (OS), which can be found under the link to the European Commission platform. We are not obligated or unwilling to participate in a dispute settlement procedure before a consumer-enforcement agency.
  10. Liability
    Werner Kern Tanzschuhe GmbH shall be liable without limitation for all damages caused by it or its legal representatives or vicarious agents in the event of intent or gross negligence.
    In the event of minor negligence, Werner Kern Tanzschuhe GmbH shall have unlimited liability in the event of injury to life, limb or health.
    In all other cases, Werner Kern Tanzschuhe GmbH shall only be liable in the event of minor negligence if an essential contractual obligation (cardinal obligation) has been violated. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage. The above clauses shall remain unaffected.
    Liability under the Product Liability Act shall remain unaffected.
  11. Transfer of Risk
    If the contract is with a consumer, the risk shall pass to the consumer as soon as the consumer receives the goods from the carrier.
    If the contract is with an entrepreneur, the risk shall pass to the entrepreneur as soon as Werner Kern Tanzschuhe GmbH has handed over the goods to the respective transport company.
  12. Data Protection
     Werner Kern Tanzschuhe GmbH observes the applicable data protection regulations.
    Personal data will only be processed as necessary to fulfill a purchase contract with you (Art. 6 para. 1 lit. b) GDPR). In this context, we shall pass on the data to shipping service providers that is required for the purpose of shipping. After expiry of tax retention periods, we will delete your personal data. The provision of your personal data is necessary for the fulfillment of the contract. If you do not provide your personal data, we will not be able to conclude a purchase contract with you. You have the right to information, correction, deletion and restriction of the processing of your personal data. Furthermore, you have the right to object to the processing as well as the right to data portability and to complain to a supervisory authority.
  13. Place of performance, applicable Law
    1. The place of performance for all services arising from the business relationship existing with the customer is the registered office of Werner Kern Tanzschuhe GmbH, insofar as the customer is not a consumer but an entrepreneur.
    2. German law shall apply subject to the exclusion of UN Convention of Contracts for the International Sale of Goods. In the case of consumers such choice of law shall only apply to the extent that the protection afforded by the mandatory provisions of the law of the state of the consumer's habitaul residence is not thereby withdrawn.
  14. Place of Jurisdiction
    In business transactions with entrepreneurs, Hanau is agreed as the place of jurisdiction for all legal disputes arising from the contract, including proceedings relating to bills of exchange and checks. We reserve the right to take legal action at the customer's place of business.