General terms and conditions for internet
orders for articles from the Zollverein-NetShop
Conclusion of the purchase contract
Right of revocation
Prices and payment
Delivery, condition of the goods
Retention of title
Set-off and retention rights
Applicable law, place of jurisdiction
Your contract partner for orders is DWD GmbH,
registered office in 44141 Dortmund
Fax +49 (0) 231 55 90 257,
Please address all information, queries, complaints,
etc. with regard to an order exclusively
in writing by letter, fax or e-mail to this address.
Art. 1 Validity
The following terms and conditions apply effective November 1,
2004 for deliveries by DWD GmbH (hereinafter DWD GmbH) to
consumers on the basis of online orders via the
Zollverein-NetShop. The customers' terms and conditions
do notapply, even where they are not explicitly contradicted.
Art. 2 Ordering
An online order by a customer is a binding offer to conclude a
purchase contract for the goods ordered.
Art. 3 Conclusion of the purchase contract
All offers in the Zollverein-NetShop are subject
to confirmation. A supply contract is not concluded upon confirmation
of receipt of order, but rather when DWD GmbH has sent the customer
a contract confirmation by e-mail or made the delivery.
Art. 4 Right of revocation
You may declare the revocation of your contractual statement in text form within a period of 14 days (e.g. letter, fax, email) without reasons for this being given, or – if the merchandise is in your possession before expiration of the period - by returning the merchandise. The term begins at the earliest upon receipt of these instructions. In the case of repeated delivery of merchandise of similar type not before receipt of the first partial delivery and also not before fulfilment of our duty to supply information according to Article 246 Section 2 in connection with Section 1 Subsections 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as fulfilment of our duties according to Section 312e Subsection 1 Clause 1 BGB (German Civil Code) in connection with Article 246 Section 3 EGBGB (Introductory Act to the German Civil Code). The term shall be deemed to have been complied with if the revocation or the goods are dispatched within the specified term. The revocation should be addressed to:
Fax: +49 (0)231-58 69 88 59 ,
Consequences of revocation
In the event of an effective revocation, mutually received goods are to be returned and any benefits derived (e.g. interest) to be surrendered. If you cannot return the goods received or can only return a part thereof, or only return them in a deteriorated condition, you must compensate for loss of value where necessary. In the case of returning goods, this does not apply where a deterioration of the goods is exclusively attributable to the normal wear and tear of inspection as is possible in a retail shop. Apart from this you will not be obliged to compensate for any deterioration in the merchandise arising from its use for its original purpose by not using the merchandise as your own property and refraining from all action causing reduction in its value. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40.00 EUR or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge.
Art. 5 Prices and payment
All prices are given in euros and include VAT.
There is an additional flat-rate fee for shipping and handling costs.
The types of payment stated in the Zollverein-NetShop are accepted.
Art. 6 Delivery, condition of the goods
Deliveries will be made upon receipt of the full purchase
price plus the flat-rate shipping and handling fee. Partial deliveries
are permitted where this is acceptable for the customer. We reserve
the right to make minor, standard changes, in particular improvements,
to the goods up to the time of delivery where this does not affect the
customers' interests to an unreasonable degree.
Minor variances for technical reasons must be accepted.
Art. 7 Compensation
If we do not provide the service due, or if it is provided late
or deficiently, the customer may only demand compensation
1. for damages arising from physical injury or hazards to
2. life and health attributable to a willful or negligent violation
3. of obligations either on our part or on the part of one of our
4. legal representatives or agents
5. for other damages attributable to a willful or negligent
6. violation of obligations either on our part or the part of one
7. of our legal representatives, executives or agents, or to a willful
8. or negligent violation of cardinal obligations on our part or on
9. the part of one of our legal representatives, executives or agents;
10. for damages falling under the protection of a
11. guarantee (warranty) we have issued or of any guarantees
12. of the condition or service life of the goods.
Art. 8 Retention of title
The goods remain the property of DWD GmbH until the final
payment of the purchase price plus the flat-rate shipping and
handling fee, particularly while the customer can reverse the payment.
Art. 9 Set-off and retention rights
The customer may only offset claims which are undisputed or
deemed legally final and absolute. The same legal conditions shall
apply to the exercising of retention rights by the customer.
Art. 10 Applicable law, legal venue
The place of performance for all obligations of both contractual
parties is Dortmund. The laws of the Federal Republic of Germany
shall apply exclusively for these general terms and conditions and
all legal relations between DWD GmbH and the buyer.
The UN agreement on the international purchase of goods and the
application of other laws, contracts, etc. is excluded.
For all disputes arising from the contract, the court of law responsible
for the registered office of DWD GmbH shall be exclusively responsible,
where the buyer does not have a general legal venue in Germany or has
transferred his legal venue to a foreign country.
Art. 11 Partial invalidity
Should provisions of these general terms and conditions and the
underlying contract become legally invalid or unfeasible in whole or in
part or subsequently become invalid or unfeasible, this shall not affect
the validity of the remaining provisions of the contract and the general
terms and conditions. The contractual partners are obligated to replace
the invalid provision with another which pursues similar commercial
aims to those of the invalid provision.
These general terms and conditions are valid without a signature.
© 2006 DWD - AGB.