Section 1        Scope of application, Definitions

(1)     The following General Terms and Conditions shall apply to all business relationships between you the customer, and us Joh. Oertel & Co. Kristallglas (owner Petra Schütte) (hereinafter also referred to as “Oertel Kristallglas”) that are initiated and processed through our Webshop. The version of our General Terms and Conditions which is valid at the time of ordering shall be decisive. Any terms and conditions of the party placing the order deviating therefrom shall not apply unless Oertel Kristallglas expressly recognizes the validity of said terms and conditions in writing.

(2)     The goods and services offered by us via our Oertel Kristallglas-Webshop are targeted exclusively at end consumers. For the purposes of these General Terms and Conditions, (i) “consumer” shall mean any natural person who enters into a legal transaction for a purpose that is predominantly outside his or her trade, business or profession (Section 13 of the German Civil Code [BGB]) and (ii) “entrepreneur” shall mean a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 para. 1 BGB).

Section 2        Conclusion of agreement

(1)     The goods and services offered in our Webshop do not represent an offer for the conclusion of an agreement but rather only a request that customers place an order.

(2)     In placing an order, you are making us an offer to conclude a sales agreement. The sales agreement shall be finalized through the ordered items being sent to you. Confirmation that your order has been received shall not constitute acceptance of your offer. The sole purpose of this confirmation is to inform you that the order has been received.

Section 3        Consumer’s right of withdrawal, exclusion of the right of withdrawal

(1)     As a consumer, you have a right of withdrawal. The prerequisites for this right and the legal effects thereof are as stated in the instructions on the right of withdrawal below.

Instructions on the right of withdrawal

Right of withdrawal:

You have the right to withdraw this agreement within fourteen days without providing a reason for doing so.

The withdrawal period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last item of goods.

To exercise your right of withdrawal, you must inform us (Joh. Oertel & Co. Kristallglas, Rienharzer Str. 34, 73642 Welzheim, Germany, Tel: +49 7182 524, Fax +49 7182 6386, E-Mail:petra.schuette@oertelcrystal.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall send back or hand over the goods to us undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(2)     Pursuant to Section 312g German Civil Code (BGB), there shall be no right of withdrawal if, among other things,

goods are delivered that have not been prefabricated and are to be used to produce an individual selection or for some other use determined by the consumer, or that have clearly been customized.

Section 4        Pricing, payment conditions, retention of title

(1)     Unless otherwise agreed, the prices listed in our Webshop on the day upon which the agreement is concluded shall be considered authoritative. Delay shall be defined as 14 days after the invoice is issued.

(2)     Payments can be made via PayPal or by advance payment via bank transfer on our account with Postbank Stuttgart, 70304 Stuttgart,  IBAN DE41 6001 0070 0000 3677 09, SWIFT Code PBNKDEFF600. We reserve the right to exclude certain payment options depending on the order amount and the creditworthiness of the party placing the order.

(3)     You, as the party placing the order, shall only have the right to offset against said claims if your counterclaim is legally asserted, undisputed or recognized by us. In addition, you shall only have the right to exercise your right of retention to the extent that your counterclaim is based on the same contractual relationship.

(4)     If your residence is outside of Germany and you would like to order our products, you may pay via payment in advance or PayPal. Bank charges associated with the order to pay in the case of international transfers are the responsibility of the client.

(5)    The goods shall remain our property until payment has been received in full. If you are in delay of payment by more than 10 days, we shall have the right to withdraw from the agreement and request that you return the goods.

Section 5        Shipping costs, terms of delivery and service

(1)     Shipping costs may vary depending on the type of delivery and nature of the order. Please refer to the page on shipping costs for more information on shipping fees.

(2)     We shall deliver the goods in accordance with the agreement concluded with you. Please refer to the order overview for details about the delivery date.

Section 6        Warranties

(1)     If the customer is a consumer, the legal warranty regulations shall apply.

(2)     If the customer is an entrepreneur, the following warranty regulations shall apply for agreements involving the delivery of goods:

(a)     In cases of warranty, we shall either repair or replace the defective item at our own discretion.

(b)     If we will not or cannot remedy the defect, the customer is entitled to either decide to resign from the agreement or demand a price reduction. The same shall apply if the repair or replacement fails, if it is unacceptable to the customer or if it is delayed beyond reasonable deadlines for reasons which we can be held responsible for.

(c)     Claims for defects become time barred in one year following delivery of the ordered items. This also applies to claims for damages and reimbursement of expenses due to defects except in cases that can be attributed to violation of obligations involving willful intent or gross negligence, infringement of warranties or damage to life, limb or health.

Section 7        Liability

(1)     We are liable for compensation for damages only in the cases described under a) through d) as follows:

(a)     unlimited in cases involving damage to life, limb and/or health as well as damages caused by willful intent or gross negligence;

(b)     for damage and/or loss arising from failure to comply with any warranties issued in writing, within the scope of your property interest, which is covered by the purpose of the warranty and which was apparent to us upon your order;

(c)     in cases of product liability pursuant to the German Product Liability Act (Produkthaftungsgesetz);

(d)     liability for damages involving violation of essential contractual obligations due to slight negligence shall be limited to the scope of damage that we would typically expect upon concluding the agreement based on the factors and conditions of which we were aware at that time. Essential contractual obligations refer to basic obligations that were decisive in your decision to conclude the agreement, and compliance with which is to be expected;

(2)     Any other liability for damages on our part shall be excluded, regardless of the cause in law.

(3)     Claims for damages and reimbursement of expenses listed under para. 1 d) become time-barred within twelve months. The limitation period shall begin pursuant to Sec. 199 German Civil Code (BGB).

(4)     Where our liability is excluded in accordance with these terms and conditions, the same shall apply to the liability of our corporate bodies and vicarious agents, particularly to that of our employees.

Section 8        Data protection and privacy

(1)     We shall collect process and save all personal information provided by you exclusively in accordance with the provisions specified by the German Data Privacy Law.

(2)     We are required to use your personal information to process the agreement concluded with you. Any additional use shall require your express permission. Please refer to our privacy policy for details on the information we collect and how it is used.

Section 9        Identity of the supplier, contact

(1)     The web shop operator is

Joh. Oertel & Co. Kristallglas

Rienharzer Str. 34

D-73642 Welzheim

Inhaberin: Petra Schütte

Telefon +49 7182 524

Telefax +49 7182 6386

E-Mail:petra.schuette@oertelcrystal.com

UstId: DE 158222263
Registergericht: Amtsgericht Stuttgart HRA 280 968

(2)     Complaints can be reported to the aforementioned address.

Section 10      Customer services/Dispute resolution

In the event of any problems or disagreements, we will always strive to find a solution in the interest of our customers. Our dedicated customer service team is happy to help you with advice and assistance. You can telephone us on

+49 7182 524 (office hours: Monday – Friday 8am – 4pm). You can also email us at info@oertelcrystal.com or use our contact form to tell us about your concerns.

The European Commission also provides a platform for online dispute resolution (ODR). This is available at http://ec.europa.eu/consumers/odr/. However, we are neither under an obligation nor prepared to participate in a dispute resolution procedure that has been referred to a consumers’ conciliation board

 

Section 11      Final provisions

(1)     German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2)     The sole place of jurisdiction shall be Welzheim, Germany, for agreements with merchants. However, we shall also have the right to file a claim against the party placing the order in his/her general place of jurisdiction

(2)     If individual terms and conditions of these General Terms and Conditions should be or become invalid, then this shall not affect the validity of the remainder of the agreement’s contents.

Joh. Oertel & Co. Kristallglas, Inhaberin: Petra Schütte, Welzheim