Terms and conditions

Scope

These terms and conditions apply to all purchases from Werkgut made by private customers.

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.

Conclusion of contract

The presentation of our goods and the granting of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract.

By placing your order, you accept the offer and the purchase contract is concluded.

About this you will receive an order confirmation by e-mail to the e-mail address you specified.

Prices and shipping costs

The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details at Shipping costs. The regular costs of return shipping, which arise in the case of a return of the goods by you in exercise of your right of withdrawal , we bear. If you exercise your right of withdrawal, we will also refund the shipping costs.

Payment

Payment is made upon delivery by means of

            – Google Pay

            - Credit Card

            – Lastschrift

            – PayPal

            – Klarna

Default of payment

If you are in default of payment, Werkgut shall be entitled to claim default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Werkgut can prove that a higher damage caused by default has occurred, Werkgut shall be entitled to claim such damage.

Right of retention

The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within

            – Germany

            – Poland

            – Switzerland

            – France

            – Luxembourg

            – Belgium

            – Netherlands

            – Europa
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Werkgut's obligation to perform shall be excluded. Already paid amounts will be refunded by Werkgut immediately.

(3) Werkgut may also refuse performance if this requires an effort which, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract. Already paid amounts will be refunded by Werkgut immediately.

(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by forwarding agent. Werkgut expressly points out that these goods are not carried into the house. 

Cheap shipping method for return

(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods to return the goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased cost compared to a less expensive shipping method.

Defect rights

(1) If a product is already defective upon delivery (warranty case), Werkgut shall, at the Customer's option and at Werkgut's expense, replace it with a defect-free product or have it professionally repaired (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

a) in case of damage caused to the customer by misuse or improper use,

b) in case of damage caused by the fact that the products have been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, Werkgut does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance requested by the Customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the Customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the Customer must be taken into account - the Customer's claim shall be limited to the respective other type of supplementary performance. The right of Werkgut to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected. 

(4) Both in the case of repair and in the case of replacement delivery, the Customer shall be obliged to send the product to the return address specified by Werkgut at Werkgut's expense, stating the order number. Before sending in the product, the customer has to remove any objects inserted by him from the product. Werkgut is not obliged to inspect the product for the insertion of such items. Werkgut shall not be liable for the loss of such items, unless it was readily apparent to Werkgut upon return of the product that such an item had been inserted into the product (in this case Werkgut shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred thereby). In addition, before sending a Product for repair or replacement, the Customer shall, if necessary, make separate backup copies of the system software, applications and all data on the Product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords. 

(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by it. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value shall not apply to the return of a defective product in the event of a warranty claim,

a) if the defect entitling to withdrawal has only become apparent during processing or transformation,

b) if Werkgut is responsible for the deterioration or loss or if the damage would also have occurred with Werkgut,

c) if the deterioration or loss has occurred at the customer's premises, although the customer has exercised the care that he is accustomed to exercising in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time. 

(8) In addition, there may also be claims against the manufacturer under a warranty granted by the latter, which shall be governed by the relevant warranty conditions. 

(9) The statutory warranty of Werkgut ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability

(1) In the event of slight negligence, Werkgut shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. Werkgut shall not be liable for other damages caused by slight negligence due to a defect of the object of purchase.

(2) Irrespective of any fault on the part of Werkgut, any liability on the part of Werkgut in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Werkgut.

(3) Werkgut shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.

(4) The personal liability of Werkgut's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.

Applicable law

The contract concluded between you and Werkgut shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

Jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online store].

Dispute Resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and Section 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.