Terms and Conditions

Please note: This translation has been generated automatically. We apologize for any possible errors. The legally binding Terms and Conditions (GTC) are the ones in german language (AGB).

Terms and Conditions (GTC) of WoodUp UG (limited)

§ 1 Validity towards consumers & trade and definitions

1. The following terms and conditions apply to all business relations between WoodUp UG and consumers or entrepreneurs and valid at the time of the order.
2. A consumer within the meaning of the terms is any natural person who enters into a legal transaction for a purpose that is neither commercial nor can be a profession attributed.
Entrepreneurs in the sense of conditions are natural or legal persons or legal society with which a business relationship is entered into and are acting in a commercial or independent professional activity.
A customer for the WoodUp UG are both consumers and entrepreneurs in connection with the terms and conditions.
3. Different terms and conditions of the customer will be rejected.

§ 2 Conclusion of contract

1. The following rules apply to the contract for purchase via our online shop http://www.woodup.de
2. In case of conclusion of the contract comes

WoodUp UG (limited)
Gartenstarße 2
D-14482 Potsdam
Germany

Amtsgericht Potsdam HRB 26137 P
about.

3. The presentation of products in our online shop are not binding offers to conclude a contract on our side. It is merely a non-binding invitation to the consumer to make an offer for goods.
4. By ordering the desired goods, the consumer makes a binding offer for him/her at the conclusion of a sale of the goods in the basket. By submitting the order, the customer accepts these terms and conditions as the legal relationship with the WoodUp UG alone decisive.
5. The provider confirms receipt of the customer’s order by sending a confirmation email. This confirmation does not constitute an acceptance of the offer by the provider; they serve only to inform the customer that the order is received by the provider. The acceptance of the offer is made by the delivery of goods or an explicit declaration of acceptance.

The order involves the following steps:

1) Select the desired product
2) Confirm by clicking the button “Add to Cart”
3) examination of the information in your shopping cart
4) click on the button “continue checkout”
5) Enter the personal details and select the payment method
6) Repeated testing or correcting the respective input data.
7) Mandatory submission of your order.

The consumer can get before the mandatory sending the order by pressing the information contained in the web browser used by him “back” button to check its information back to the website where the customer’s details are recorded and correct input errors or by Close the Internet browser to cancel the order process.

We will send the order details and a link to our terms and conditions via e-mail. The terms and conditions can be viewed at any time http://www.woodup.de/agb.html. Your order details are not accessible for security over the Internet.

§ 3 Prices, Shipping, Payment, maturities, Rechnungt

1 The stated prices are final and include VAT. There are also possible shipping costs.
2 The consumer has to make the option of paying by card, bank transfer, debit card or PayPal.
3 The consumer has elected to pay in advance, so he agrees to pay the purchase price immediately after the conclusion.
4 With the purchase of electronic invoicing the customer agrees.

§ 4 Delivery

1 If we have not clearly stated otherwise in the product description, all items we offer shipping within 3-14 days.
2 The consumer has elected to pay in advance, so we do not send the goods before payment.
3 If this is not expressly stated otherwise in the product description sold and delivered all our products without decoration and electronic devices. The WoodUp UG sells currently no electronic devices, especially any of the devices of Apple Inc..

§ 5 Retention of title

The delivered goods remain until full payment of the property of WoodUp UG

§ 6 Subject to Change

1 The delivered products may differ slightly from the picture on the website, catalog or flyers. This is particularly true in natural products such as wood. The grain, texture and color varies and can also later change due to light, humidity and temperature.
2 Commercially available and reserved for the customer remain reasonable deviations.

§ 7 Right of withdrawal

Conditions

Only for privat customers in the Federal Republic of Germany following right of withdrawal apply:

Withdrawal

You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, email) or – also by returning the thing – if the goods before the deadline expires. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 Abs . 1 and 2 draft Law and our obligations according to § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to the WoodUp UG (limited liability), Garden Street 2, 14482 Potsdam, Germany.
Consequences

In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (eg interest) surrendered. Can you give us the performance received and benefits (eg benefits of use) or in part, or only restitute it in a deteriorated condition, you must pay us compensation for the value. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By “testing the properties and functioning” refers to the testing and trying out the goods, as it is possible and customary in a retail store.
Transportable items are to be returned at our risk. You have to bear the costs of the return if the delivered goods ordered and corresponds to the price of the returned goods does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have contractually agreed part payment provided. Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.

End of cancellation policy

§ 8 Contract provisions regarding the return costs for revocation (Kostentragungsvereinbarung)

Exercise your right to cancel, then in accordance with § 357 para 2 BGB, following agreement by which the regular cost of the return postage, if the delivered goods ordered corresponds and if the price returned the case of an amount of does not exceed 40 euros or if you have not yet paid the consideration or a contractually agreed partial payment at a higher price the thing at the time of cancellation. Otherwise the return is free for you.

§ 9 products according to customer requirements

The Wiederrufsrech does not apply to goods that have been produced according to customer specifications.

§ 10 Limitation of liability / warranty

1 The customer’s claims for damages are excluded unless otherwise specified below. The above disclaimer applies to the legal representatives and agents of the provider, if the customer asserts claims against these claims.
2 Exempted from the disclaimer given in Clause 1, claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg The seller has the item free to pass the customer from material defects and deficiencies and to give the title to her. From the disclaimer also excluded liability for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents.
3 Provisions of the Product Liability Act (Product Liability Act) remain unaffected.
4 Consumers have the choice of whether the remedy by repair or replacement to occur. We reserve the right to change the type of post to be refused if it is only possible with disproportionate costs and the other type of remedy without significant disadvantages for the consumer. For entrepreneurs, we guarantee for defects in the goods at our option by repair or replacement.
5 Contractors must notify us of obvious defects within a period of one week from receipt of the goods, otherwise the assertion of the warranty claim is excluded. To comply with the deadline. The employer has the burden of proof for all claims, in particular for the defect itself, the time of discovery of the defect and the timeliness of the defects proclamation.
6 We provide access to other websites via links insbesondre, hits us no responsibility for the content of FEMEN website. We do not endorse external web content. We obtain knowledge of illegal contents on another web page, we will stop the access through our site immediately.
7 The customer shall indemnify us against all liabilities which are damaging actions by third parties due to the customer – whether intentionally or through negligence – can occur.

§ 11 Choice of Law and Jurisdiction

1 The law of the Federal Republic of Germany. Except for contractual relationships between the WoodUp UG and a private consumer who has not signed the contract for commercial purposes, and the mandatory consumer protection provisions of the country are considered, in which the customer has his habitual residence. The application of UN purchasing law is excluded.
2 Jurisdiction for all disputes arising from the contractual relationship between the customer and the WoodUp UG is the seat of our company, provided that the Customer is a merchant, a legal entity under public law or a public special assets.

§ 12 Severability

If any provision of these Terms is invalid, the validity of the remaining provisions shall not be affected thereby.

Here you can download the Terms and Conditions, including the Canceling Information as a PDF(German).

Hier können sie die AGB inklusive der Wiederufsbelehrung als PdF herunterladen.

Stand 01. Juni 2013
Auszüge Quellen: kluge-recht.deagb.de

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.