Terms and Conditions of Trade
(Status: June 2014)
Werner Kern Tanzschuhe GmbH
Phone: +49 (0)6181 62076
Fax: +49 (0)6181 650586
Managing Director: Peter Kern
Register court: Hanau district court
Register number: HRB 4790
Value added tax identification number
as per § 27a of the German value added tax act: DE 152731348
For our deliveries on the basis of the offers from this online shop, contactable at www.werner-kern.de, the following terms and conditions apply exclusively. They are applicable even if Werner Kern Tanzschuhe GmbH makes the delivery without reservation and in the knowledge of your contradictory or deviating terms and conditions. Deviating terms and conditions are binding for us only after explicit acceptance on our part.
Where these terms and conditions of trade mention Consumers, they refer to individuals for whom the purpose of the order cannot be attributed to commercial, self-employed or freelance activity. Businesses are individuals or corporate bodies or partnerships with a legal capacity that order for commercial, self-employed or freelance purposes. Customers under these terms and conditions of trade comprise both Consumers and Businesses.
- Contracting Partner, Contract Formation
Your contracting partner is
Werner Kern Tanzschuhe GmbH
Our offers on the website www.werner-kern.de are non-binding unless they explicitly form the content of a contractual agreement. A binding agreement is formed when we accept your order by separate order confirmation or by delivery of the products. The electronic order confirmation does not yet represent contractual acceptance but rather serves merely to inform the Customer of the actual receipt of the order.
- Prices, Shipping Costs
The prices on the date of our shipment apply. All prices are inclusive of postage and packing unless specified otherwise. The right to cash on delivery or payment in advance is reserved for all deliveries.
We always endeavour to dispatch your orders closed. However, if subsequent deliveries are necessary then these will be made carriage free.
To avoid duplicate deliveries, Werner Kern Tanzschuhe GmbH requests that items already in arrears not be submitted again. In the case of enquiries about arrears, Werner Kern Tanzschuhe GmbH requests that the item, size and colour be specified.
- Delivery Period
The delivery period for our products is generally max. 7 days after ordering. If products are not in stock then they cannot be ordered.
Depending on the sum of your order, the balance on your Customer account and the result of the credit check performed under data protection (with respect to information about your previous payment performance), you will be offered a range from the following payment options:
- Payment in advance (bank transfer)
- Cash on delivery
- Payment by credit card (MasterCard or Visa)
If payment by credit card is offered then your credit card account will be charged on dispatch of the ordered products to the specified recipient.
Shipments abroad are made only on payment in advance or payment by credit card. Werner Kern Tanzschuhe GmbH is entitled to form agreements that differ from this in individual cases.
- 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.
- Cancellation Right in the Case of Consumer Agreements
You have the right to cancel this agreement within 14 days without giving reasons. The cancellation period amounts to 14 days from the day on which you or a third party appointed by you who is not the carrier took possession of the products. In the event of delivery of the products in several partial consignments, the period runs from the day on which you or a third party nominated by you who is not the carrier took possession of the final products. To exercise your cancellation right, you must inform us of your decision to cancel this agreement by means of a clear declaration (e.g. a posted letter, fax or e-mail). You can use the model “cancellation declaration” form available below for this, although this is not compulsory. Dispatch of the notification of exercise of the cancellation right before expiry of the cancellation period is sufficient to comply with the cancellation period.
The cancellation is to be addressed to:
Werner Kern Tanzschuhe GmbH
Fax: +49 (0)6181 650586
Consequences of Cancellation
If you cancel this agreement then we must refund all payments that we have received from you including delivery costs (with the exception of the additional costs arising due to you having selected a delivery type other than the standard delivery offered by us) immediately and by no later than 14 days from the day on which we receive the notification of your cancellation of this agreement. For this refund, we will use the same payment method as you employed for the original transaction unless explicitly otherwise agreed with you; under no circumstances will you be charged fees as a result of this refund. We may refuse the refund until we have received the returned products or until you have provided proof that you have sent back the products, whichever is the earliest. You must send back or deliver the products to
Werner Kern Tanzschuhe GmbH
immediately and in all cases within 14 days from the day on which you inform us of the cancellation of this agreement. You have complied with the period if you send the products before expiry of the fourteen-day period. You will cover the direct costs of returning the products. The costs for a return within Germany are estimated at a maximum of around 7.00 Euro. The costs for a return from abroad may accordingly be greater. You must pay for any loss in value of the products only if this loss in value is due to handling of the same that is not required in order to inspect the quality, properties and function of the products.
End of the Cancellation Instruction
Download of our sample revocation form:
Exclusion of the Cancellation Right
The cancellation right does not apply in the case of agreements for the supply of products including such as are produced to Customer specification or are clearly customised to personal requirements or that are by nature unsuitable for return or might quickly deteriorate. Furthermore, the cancellation right does not apply in the case of agreements formed between Werner Kern Tanzschuhe GmbH and Businesses.
- The statutory guarantee period of 2 years for Consumers applies for the products supplied by us. The period begins on delivery of the products. Guarantee claims of Businesses are limited to 1 year.
- Businesses must report obvious defects immediately. The provision from § 377 HGB (German commercial code) applies.
- 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.
- Within the guarantee period, we have an obligation of rectification free of charge in the case of defects subject to statutory guarantee, i.e. of fault correction or replacement delivery of a defect-free item. Consumers have the choice of whether rectification in the case of a defect should be by new delivery or by fault correction. In certain cases, Werner Kern Tanzschuhe GmbH reserves the right to refuse reworking particularly if this is associated with a disproportionately high cost outlay. For agreements with Businesses, Werner Kern Tanzschuhe GmbH reserves the right to choose the rectification. Otherwise, the statutory guarantee regulations apply.
- 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.
- Other Liability
Werner Kern Tanzschuhe GmbH is moreover not liable for damages claims particularly such as arise from unlawful action under the statutory regulations.
- Transfer of Risk
Where an agreement exists with a Consumer then the risk is transferred to the same as soon as the Consumer receives the products from the carrier.
Where an agreement exists with a Business then the risk is transferred to the same as soon as Werner Kern Tanzschuhe GmbH has consigned the products to the respective carrier.
- Data Protection
Your data are handled by Werner Kern Tanzschuhe GmbH as strictly confidential and not passed on to third parties. The use of the data by Werner Kern Tanzschuhe GmbH is governed by § 28 of the German federal data protection act (BDSG) and the relevant legal regulations.
- Place of Performance, Applicable Law
- The place of performance for all services from the business relationship that exists with the Customer is the head office of Werner Kern Tanzschuhe GmbH as long as the Customer is a Business rather than a Consumer.
- German law applies to the exclusion of UN sales law. This choice of law applies for Consumers only if this does not remove the protection afforded by mandatory provisions of the law of the state in which the Consumer is normally resident.
- Place of Jurisdiction
In commercial transactions with Businesses, the place of jurisdiction is agreed as Hanau for all legal disputes including exchange and cheque cases arising from this agreement. We reserve the right also to institute proceedings in the place of the head office of the Customer.