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Terms and Conditions

GTC - General terms and conditions

of World of Western / Krähe Versand GmbH & Co. KG, Robert-Bosch-Straße 6, 73278 Schlierbach Germany, hereinafter referred to as Seller.

§ 1 Scope

These General Terms and Conditions, as amended at the time each contract is concluded, shall always apply for all claims by either party arising from and in connection with any contract concluded between Customer and Seller for mail order deliveries or for orders via the Internet. In case of conflict between the regulations, the following order of precedence shall apply:
1. these General Terms and Conditions;
2. statutory regulations;

§ 2 Conclusion of Contract

The Customer's order constitutes a binding offer to conclude a purchase agreement with respect to the ordered goods.

The contract comes into being through the acceptance of the Customer's order by the Seller. The order is deemed accepted by the Seller upon receipt of the goods by the Customer after shipment of the goods by the Seller. Should the Customer order the goods via the internet, the Seller shall immediately confirm receipt of the order electronically. However, an order confirmation shall not be considered acceptance of the contract. In the case of payment before delivery, the customer order shall be deemed to be accepted upon despatch of order confirmation by e-mail. For all other payment types, confirmation of order does not signify acceptance of the contract, but only the despatch of goods within five working days.

Any offers of the Seller shall be subject to change and non-binding. Due to technical limitations concerning the depiction of goods, the ordered goods may deviate slightly from the goods depicted in the catalogue or on the website; this may in particular lead to deviations in colour or to representations that appear larger or smaller.

We reserve the right to non-performance or partial performance in case of incorrect or improper deliveries by our suppliers. This shall only apply if the Seller is not responsible for non-delivery and has concluded a congruent hedging transaction with the supplier. The Seller shall make every reasonable effort to procure the goods, otherwise the Customer's payment shall be immediately refunded. Should the goods not be or only partially be available, the Customer shall be informed forthwith.

§ 3 Customers

The Seller concludes contracts with Customers who

a) are natural persons of full legal capacity and have attained the age of eighteen, as well as with

b) legal entities, partnerships having legal capacity or individual entrepreneurs who act in fulfilment of their commercial or freelance activities upon conclusion of the contract (business person). Within the meaning of these Terms and Conditions, consumers as well as business persons whose residence and/or place of business is in the Federal Republic of Germany, a member state of the European Union or in Switzerland, shall be considered a Customer.

§ 4 Contract language

The contract language shall be German.

§ 5 Notice of cancellation

Right of cancellation
You are entitled to cancel this contract within fourteen days without stating any reasons. The cancellation period extends for fourteen days from the day on which you or a third party appointed by you other than the carrier took receipt of the last goods.

To exercise your right of cancellation you must inform us (World of Western / Krähe-Versand GmbH & Co. KG, Robert-Bosch-Straße 6, 73278 Schlierbach Germany, Fax: +49 / 7021 / 991-146, Email: retour@world-of-western.com) of your decision to cancel this contract, by means of a clear declaration (e.g. a letter sent by post, fax or email.) You may use the attached sample cancellation form for this purpose, but the form is not mandatory. For the cancellation deadline to be met, it shall suffice that you have despatched the notice of your exercising the right of cancellation before the cancellation deadline has passed.

Consequences of Cancellation:
If you cancel this contract, we have to pay back to you, without delay and within fourteen days at the latest from the day on which we received notice of your cancellation of this contract, all payments that we have received from you including delivery costs (except for any extra costs resulting from your having chosen a different delivery method from the cheapest standard delivery offered by us). For this repayment we will use the same payment method as you employed for the original transaction, unless some other arrangement has been explicitly made with you; under no circumstances will you be charged any fees because of this repayment.

We can withhold repayment until we have received the returned goods or until we have proof that you have sent back the goods, whichever is the sooner.

You are to send back or hand back the goods within fourteen days at the latest from the day on which you inform us of your cancellation of this contract. The deadline shall be deemed to have been met if you despatch the goods before the 14 days period has passed. We will bear the costs of returning the goods. The return can be posted back via DHL Returns Portal.

You will only be liable for any depreciation of the goods if such depreciation is attributable to an amount more than that necessary on your part for inspection as to quality, characteristics and functionality of the goods.

No right of cancellation shall apply

  • in the case of goods that are not prefabricated and for whose production a specific choice or purpose on the part of the consumer applies, or which are specifically tailored to the needs of the consumer;
  • in the case of sound or video recordings or computer software in sealed packaging, where the seal has been removed after delivery;
  • • in the case of deliveries of newspapers, magazines and periodicals, except for subscription orders.

§ 6 Retention of Title

Krähe reserves title to the goods until the purchase price has been paid in full.

§ 7 Payment, Delivery

All prices include the statutory VAT. In addition to the purchase price, within Germany shipping costs of 4,95 € (in case of COD deliveries additional COD charges of 2,00 €) shall be payable. World of Western delivers internationally. Payment can be made by COD, on account, cash in advance, credit card, Paypal or by bank transfer. The Seller reserves the right to exclude individual payment methods. When ordering for the first time, we generally deliver per COD or cash in advance. In case of COD deliveries, the Customer pays cash on delivery.

Subject to being supplied himself, the Seller shall ensure a quick delivery within app. five working days. We will immediately inform you of any delays in delivery. The delivery time for goods produced to Customer specifications is 4-6 weeks. Should part of the order not be deliverable immediately, the remainder shall be delivered subsequently without the Customer being charged for shipping costs again.

§ 8 Warranty

8.1 The Seller warrants that the products are free of material defects and defects of title at the time of transfer of risk in accordance with Sect. 434, 435 BGB (German Civil Code).

8.2 Should the delivered goods show obvious material or manufacturing defects, including transport damages, the Customer is asked to notify the Seller of such defects as soon as possible. However, failure to give notice of defect does not incur any consequences regarding your legal entitlements. In all other respects the statutorily defined provisions pursuant to Sections 434 et seq. and 475 (1) BGB shall apply.

8.3 The warranty is valid for two years and commences upon receipt of the goods at the Customer's.

8.4 In case of a defect, the Customer may, at his discretion, demand repair of the defect or delivery of a product that is free of defects in accordance with Sect. 439 BGB. Within the scope of Sect. 439, the Seller may refuse subsequent performance if the performance is only possible by incurring unreasonable costs. Should a second attempt to repair the defect also be unsuccessful, then the Customer shall be entitled, within the scope of Sect. 439 BGB, to demand delivery of a defect-free product or reduce the purchase price or withdraw from the contract. In all other respects Sect. 437 BGB shall apply.

8.5 The statutory provisions shall apply with respect to any claims for damages due to defective products.

8.6 Warranty claims are only accepted if the defect was not caused by improper use or overuse. Should a defect not become apparent until 6 months or later after transfer, it shall be incumbent on the Customer to show that the product was defective at the time of transfer of risk. The Seller, on the other hand, shall be free to prove that the product was free of material defects upon transfer.

§ 9 Liability

The Seller, his management and employees shall be liable in cases of positive breach of duty, delay, subsequent impossibility of performance, tortious acts as well as due to other legal reasons (except for pre-contractual violations) in case of intent and gross negligence. In the event of culpable injury to life, limb or health, culpable violation of cardinal duties (material contractual duties ) or fraudulent concealment as well as in case of claims for compensation according to Sect. 437 (2) BGB, the Seller shall be liable to the extent provided by law. The liability of the Seller's employees shall be limited to the typical, foreseeable damages only in case of a violation of cardinal duties. The term cardinal duty is used either for the identification of an explicitly described substantial breach of duty that endangers the achievement of the purpose of the contract or is abstractly explained as a duty, the fulfilment of which allows the performance of the contract in the first place and in the observation of which the Customer may regularly put his trust. The European Commission is providing a platform on online dispute resolution (OS). These can be found at ec.europa.eu/consumers/odr/. KRÄHE Versand GmbH & Co. KG is not prepared and is obliged to participate in a dispute settlement procedure before a consumer sacking office.

§ 10 Applicable Law

The legal relationship between the Seller and Customer as well as their respective Terms & Conditions shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods dated 11.04.1988.

The above provision shall not affect any binding legal provisions of the state in which the Customer normally resides, if and to the extent that the Customer has concluded a purchase agreement that cannot be attributed to the Customer's professional or commercial activities (consumer contract) and if the Customer has carried out the legal transactions necessary to conclude the purchase agreement in the state of his usual residence.

Place of Jurisdiction
If the Customer is a merchant within the meaning of the Commercial Code or a corporation under public law, the parties agree on Stuttgart as the place of jurisdiction for all disputes arising from this contract, unless an exclusive place of jurisdiction is provided. However, the Seller shall also have the right to sue the merchant at his place of residence or place of business.

§ 11 Set-off/Retention

The Customer shall have no right of set-off or retention unless his claim is undisputed or has been conclusively determined in a court of law.

§ 12 Data Protection

12.1 Your address is stored in our data processing system for quick and error-free processing. The data you provide is treated in conformance with the Federal Data Protection Act and Telemedia Act.

12.2 In order to check your creditworthiness, Producta Daten-Service GmbH, Adam-Opel-Straße 18, 60386 Frankfurt, Creditreform Göppingen Engelhardt KG, Laichinger Str. 38, D-73033 Göppingen and InFoScore Consumer Data GmbH, Rheinstraße 99, D-76532 Baden-Baden will make your address and credit information, which is stored in their databases, available to us, including such data as is calculated on the basis of mathematical-statistical methods, provided we have plausibly demonstrated our legitimate interest.

Notice regarding Sect. 28b (4) BDSG (Federal Data Protection Act) In order to make decisions regarding the conclusion, implementation or termination of contractual relationships, we collect or use probability values which are calculated, among other things, on the basis of address data.

12.3 To send out information material by mail and for our own advertising purposes, we may from time to time pass on address data compiled by us to our affiliated and partner companies as well as to publishing firms.

However, you may object to the transfer of your data for advertising purposes at any time by sending a letter to World of Western, Customer Service, Robert-Bosch-Straße 6, 73278 Schlierbach Germany, Fax: +49 / 70 21 / 991-146 or by sending an e-mail to service@world-of-western.com.

Furthermore, the Customer has the right to be informed under the e-mail address service@world-of-western.com of his personal data stored as well as a right to have it corrected, blocked and deleted. If statutory or contractual obligations to store the data conflict with their deletion, the data is blocked.

For further information regarding data protection, please click here.

§ 13 Storage of the Text of the Contract

The text of the contract is not stored on our site and cannot be recalled anymore after completion of the order process.

§ 14 Platform for online dispute resolution

As of February 15, 2016, the EU Commission prepared a platform for extrajudicial dispute resolution. This gives consumers the opportunity to settle disputes related to their online order, without the intervention of a court. The dispute resolution platform can be reached at external link: http://ec.europa.eu/consumers/odr.

As of: 01.02.2017

Impressum

This web shop is a publication of World of Western. Despite careful examination of the documents, we cannot be held liable for typing mistakes and errors.

World of Western
Krähe Versand GmbH & Co. KG
represented by
Krähe-Versand Verwaltungsgesellschaft mbH,
which is represented by the Managing Directors Alexander Gläser (Vorsitz), Thomas Schneider, Phillip Wagner.
Robert-Bosch-Straße 6
73278 Schlierbach
Germany

Telephone: +49 / 7021 / 991-145
Fax: +49 / 7021 / 991-146
Registry Court Ulm HRA 720608
VAT ID No. DE 254685636

Hotline: 01805 / 33 11 011
Mo. - So. 07:00 - 23:00
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