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Conditions of Use

General Terms and Conditions

All offers in this webshop are subject to change, errors, typographical errors and misrepresentations excepted. Also reserved are order acceptance, delivery and prior sale under the conditions stated here.
1. conclusion of the contract
With your order you make a binding offer to us to conclude a contract with you. With the sending of an order confirmation by e-mail to you or the delivery of the ordered goods, we can accept this offer. First, you will receive a confirmation of receipt of your order by e-mail to the e-mail address you provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by e-mail or when the ordered goods are delivered.

When ordering via our online store, the ordering process includes several steps. In the first step you log in or create a customer account by entering your address. In the second step you select the desired goods. In the third step you go to the shopping cart. In the fourth step you go to the checkout. In the fifth step you choose the shipping option. In the sixth step, confirm the billing address or select a different billing address, if necessary, and select the payment method and confirm the terms and conditions. In the last step you have the possibility to check all details (e.g. name, address, payment method, ordered items) once again and correct them if necessary before you send your order to us by clicking on 'Send order'.
2. storage of the contract text
We store the contract text of your order. You can print it out before sending your order to us by clicking on 'Print' in the last step of the order process. We will also send you an order confirmation as well as an order confirmation with all order data and our general terms and conditions to the e-mail address you provided.
3. retention of title, place of jurisdiction, severability clause
The delivered goods remain our property until full payment of all claims. The delivered goods are in all cases subject to our unrestricted retention of title until payment of all outstanding invoices of the buyer, even in the case of resale or processing (extended retention of title). This reservation can also not be invalidated by a so-called defense clause. The place of jurisdiction in business transactions with commercial customers shall be Waiblingen. The invalidity of an individual provision shall not result in the invalidity of the remaining GTC. In place of the invalid clause, the legally permissible clause that comes closest to the meaning and intended consequences shall apply.
The buyer is entitled to resale or further processing only under consideration of the following conditions. The buyer may only sell or process the reserved goods in the ordinary course of business and provided that his financial circumstances do not deteriorate in the long term. The buyer hereby assigns to the seller the claim with all ancillary rights from the resale of the reserved goods - including any balance claims. If the goods have been combined or processed and the Seller has acquired co-ownership in the amount of its invoice value, it shall be entitled to the purchase price claim in proportion to the value of its rights in the goods. If the Buyer has sold the claim within the scope of genuine factoring, the Buyer shall assign the claim against the factor replacing it to the Seller and shall pass on its sales proceeds to the Seller in proportion to the value of the Seller's rights to the goods. The Buyer is obliged to disclose the assignment to the factor if he is more than 10 days overdue with the settlement of an invoice or if his financial circumstances deteriorate significantly. The seller accepts this assignment.
4. prices, shipping costs, return costs in case of revocation
All prices for end consumers are final prices, they include the statutory value added tax - as indicated in each case. The prices for dealers are net plus statutory VAT - as indicated in each case. The minimum order value is 20,00 Euro. The shipping costs are indicated under "Delivery and shipping costs".
As far as you make use of an existing right of revocation, you have to bear the regular costs of the return, if the supplied commodity corresponds to the ordered.
5. delivery conditions
Unless otherwise stated in the offer, we ship the goods within 3 working days after receipt of payment. In case of delivery on account or payment by direct debit, we will ship the goods within 3 working days after delivery of the order confirmation, unless otherwise stated in the offer.
Complaints All shipments travel at the risk of the recipient, any damage must be reported immediately to the deliverer to protect claims for damages. Hidden damages are to be reported to us and the deliverer immediately after they have been noticed. Complaints due to transport damages and wrong deliveries can only be considered within one week, the transport companies do not provide a longer period for claims for damages in case of transport damages. The legal warranty and purchase contract rights for you as a buyer remain unaffected.

6. terms of payment
Payment can be made either in advance by bank transfer, by invoice, by direct debit, by credit card, by Paypal or by cash on delivery. We reserve the right to exclude individual payment methods. If you choose payment in advance, we will give you the bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days. You can only exercise a right of retention if the claims result from the same contractual relationship.

For payments after the due date, interest of 5% (consumer business) or 8% (commercial business) above the respective base interest rate of the Deutsche Bundesbank will be charged. Prior to full payment of due invoice amounts including interest, the Seller shall not be obligated to make any further deliveries under any current contract. The right to claim damages for default is reserved. In the event of a delay in payment by the Buyer or in the event of imminent insolvency or other significant deterioration in the financial circumstances of the Buyer, the Seller may, after setting a grace period of 12 days for outstanding deliveries under any current contract, demand cash payment before delivery, or withdraw from the contract or claim damages.

7 Warranty
The warranty is governed by the statutory provisions. If used goods are the subject of the purchase contract and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used goods is one year.
Consequential damages, product information No liability is assumed for consequential damages when using products delivered by us, except for the legally indispensable ones. Information on product descriptions and processing instructions of articles supplied by us are given to the best of our knowledge, but excluding any liability, insofar as it can be legally excluded.

8. data protection
When initiating, concluding, processing and rescinding a purchase contract, we collect, store and process data in accordance with the statutory provisions.
When you visit our website, the IP address currently used by your PC, the date and time, the browser type and the operating system of your PC as well as the pages you have viewed are logged. However, this does not allow us to draw any conclusions about personal data, nor is it intended to do so.
The personal data that you provide to us, e.g. when placing an order or by e-mail (e.g. your name and contact details), will only be processed for correspondence with you and only for the purpose for which you provided us with the data. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. For the processing of payments, we pass on your payment data to the credit institution commissioned with the payment.
We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have expressly consented to this beforehand. Insofar as we use the services of third parties for the execution and handling of processing procedures, the provisions of the Federal Data Protection Act will be complied with.
Duration of storage
Personal data that has been communicated to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. Insofar as retention periods under commercial and tax law must be observed, the duration of storage of certain data may be up to 10 years.
Your rights
If you no longer agree with the storage of your personal data or if this data has become incorrect, we will arrange for the deletion, correction or blocking of your data on the basis of a corresponding instruction within the framework of the legal provisions. Upon request, we will provide you with information free of charge about all personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact:

Martin Winkler GmbH Pfarrstr. 30 D - 70734 Fellbach M.Winkler (at) t-online.de
Tel: +49 / 711 / 58 40 42

Links to other Internet pages
As far as we refer or link from our internet offer to the websites of third parties, we cannot assume any guarantee or liability for the correctness or completeness of the contents and the data security of these websites. As we have no influence on compliance with data protection regulations by third parties, you should check the respective data protection declarations offered separately.
9 Applicable law
German law shall apply exclusively. In relation to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.
10. right of revocation and return for non-commercial customers
Right of withdrawal
You can revoke your contractual declaration within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction, at the latest with receipt of the goods. To comply with the revocation period, it is sufficient to send the revocation or the goods in time. A revocation is to be addressed to: Martin Winkler GmbH, Pfarrstr. 30. 70734 Fellbach. All contact details can be found in the imprint.
The right of revocation does not apply to goods that we have procured, manufactured or processed for you personally according to your specifications and/or that are not offered in this webshop in the type, form or quality as ordered by you.
Consequences of revocation (return)
In the event of an effective revocation, the services received by both parties shall be returned (and any benefits derived (e.g. interest) shall be surrendered). If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as it would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could reduce their value. You have to bear the costs of the return. Obligations to refund payments must be fulfilled within 30 days after sending your notice of revocation.
End of the cancellation policy

The EU Commission provides a platform for out-of-court dispute resolution. In the future, this will give consumers the opportunity to first resolve disputes in connection with their online order out of court. The dispute resolution platform can be found here:
https://ec.europa.eu/consumers/odr/

Our e-mail for consumer complaints is: [info@martin-winkler.de]
 

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