Terms and Conditions + CONSUMER INFO
- ONLINE FURNITURE PLANNER

General terms and conditions and consumer information
Online furniture planner  

A. Terms and Conditions

§ 1 Basic provisions and explanations of terms

(1) The following terms and conditions apply to all contracts that you enter into with us as a supplier (WETZL GmbH & Co. KG,  Mühldorfer Str. 70,  84419 Schwindegg) via our website  www.wetzl.de  to lock. Unless otherwise agreed, the inclusion of your own terms and conditions that may have been used by you is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity, §§ 13, 14 BGB. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity, §§ 13, 14 BGB.

(3)  The general terms and conditions can be saved and / or printed out by the customer.

§ 2 Conclusion of the contract

(1)  Our offers on the Internet are non-binding and not a binding offer to conclude a contract,  unless these have been expressly designated as binding in writing.

(2) You can submit a legally non-binding inquiry via the online system.
To do this, you can configure a new piece of furniture in the "Plan furniture" area and then either "save" the configuration, or use "request" to send a legally non-binding request for the project.

In all cases, the selected goods are stored in "Projects". You can use the corresponding button in the navigation bar to call up the "Projects" and make changes there at any time.

If you "save" the configuration, you will only receive an automatically generated e-mail with the current status of the furniture planning as content: an inquiry or a legally binding order will not be triggered with the "save" function.

Before submitting the request, you have the option of checking all the details again, changing them or canceling the process.
By sending the request by clicking the "Send request" button, you are only submitting a legally non-binding request to us.

You will first receive an automatically generated e-mail about the receipt of your request. 

(3) Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form, usually by email, which you can accept within 5 (five) days.

(4) The processing of the request for a quote and the transmission of all information required in connection with the request for a quote is partly automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Right of Retention and Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the price has been paid in full.

(3)  If you are an entrepreneur, §§ 13, 14 BGB, the following also applies to you as the customer:

The WETZL GmbH & Co. KG  reserves ownership of the delivery and service item until all claims from WETZL GmbH & Co. KG  against the customer from the business relationship are fulfilled. WETZL GmbH & Co. KG  after setting a deadline, entitled to withdraw from the contract and to take back the delivery and service item and the customer is obliged to surrender. In the withdrawal and seizure of the item by WETZL GmbH & Co. KG  the contract is only withdrawn if WETZL GmbH & Co. KG  this is expressly stated in writing. The processing or transformation of reserved items is always carried out by the customer for WETZL GmbH & Co. KG  performed. If the reservation item is dealt with with others, not WETZL GmbH & Co. KG  WETZL GmbH & Co. KG acquires the associated objects processed or inseparably mixed  the co-ownership of the new item in the ratio of the value of the reserved item to the other processed or mixed objects at the time of processing or mixing.
Are goods from WETZL GmbH & Co. KG  combined with other movable objects to form a single item or inseparably mixed, and if the other item is to be regarded as the main item, it is agreed that the purchaser of WETZL GmbH & Co. KG  proportionally transfers co-ownership, insofar as the main thing belongs to him.
The purchaser keeps ownership or co-ownership for WETZL GmbH & Co. KG.
The same applies to the item resulting from the processing, remodeling or combination as well as mixing as to the reserved goods.
The WETZL GmbH & Co. KG  is entitled to insure the delivery and service item against theft, breakage, fire, water and other damage at the expense of the customer, unless the customer can be shown to have taken out the insurance himself.
The resale of the delivered goods, regardless of whether they are unprocessed or processed or combined or mixed, is only permitted to resellers in the normal course of business under retention of title and only if the claim from the resale is transferred to WETZL GmbH & Co. KG  transforms.
Pledging or assignment by way of security is prohibited to the customer, as is the agreement of a ban on assignment. When third parties access the rights of the  WETZL GmbH & Co. KG  does the customer have the  WETZL GmbH & Co. KG  to notify immediately.
The customer hereby assigns all claims to which he is entitled now or later from the resale or for any other legal reason with regard to the goods delivered, when they arise in the amount of the value of the goods subject to retention of title (invoice amount)  WETZL GmbH & Co. KG  away.

The WETZL GmbH & Co. KG  hereby accepts the assignment.

The purchaser is authorized until further notice to collect the claim from the resale.
At the request of WETZL GmbH & Co. KG  to notify the debtors of the assigned claims, to provide the information and documents required to assert their rights against the debtors, as well as to notify the debtors of the assignment. The WETZL GmbH & Co. KG  undertakes to release the security to which it is entitled to the extent that its value exceeds the claims to be secured by more than 20%, insofar as these have not yet been settled.

§ 4 Warranty
(1) The statutory warranty rights apply.

(2) If you are an entrepreneur, §§ 13, 14 BGB, notwithstanding § 4 (1):

Only our own information and the manufacturer's product description apply to the quality of the goods as agreed, but not other advertising, public promotions and statements by the manufacturer. You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery.  In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded. In the event of defects, we guarantee, at our option, either repair or replacement.  If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods. The warranty period is one year from date of delivery. The shortened warranty period does not apply to culpably caused damage attributable to us from injury to life, limb or health and grossly negligent or intentional damage or malice, as well as recourse claims according to §§ 478, 479 BGB.

§ 5 liability
(1)  We are fully liable for damage resulting from injury to life, limb or health. We are also liable without limitation in all cases of willful intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of the guarantee for the quality of the object of purchase and in all other cases regulated by law. 

(2) Liability for defects within the framework of the statutory warranty is based on the corresponding regulation in our consumer information (Part B)  and General Terms and Conditions (Part A).

(3) If essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which you can regularly rely.

(4)  In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5)  According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 6 Choice of law, place of performance and place of jurisdiction
(1)  German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (so-called favourability principle).

(2)  The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.  The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly not applicable.
 

B. Consumer Information

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§ 1 Identity of the provider

WETZL GmbH & Co. KG 
Mühldorfer Str. 70
D-84419 Schwindegg

Phone:  08082-392
Fax:  08082-9129
E-mail:  schreinerei@wetzl.de

Commercial register: Local court Mühldorf am Inn

Sales tax identification number according to §27 a sales tax law:  DE  311 90 71 72

Responsible for the content according to § 55 Abs. 2 RStV:

WETZL GmbH & Co. KG 
Mühldorfer Str. 70
84419 Schwindegg

§ 2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions (Part A).

§ 3 contract language, contract text storage

(1)  The contract language is German.

(2)  We do not save the full text of the contract. Before sending the request for quotation via the online system  the offer data can be printed out using the browser's print function or saved electronically. After we have received the request for a quotation, the quotation data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by e-mail.

(3) You will receive all offer data as part of a binding offer by email, which you can print out or save electronically. You can accept this offer within 5 (five) days.

§ 4 Essential characteristics of the goods or services

The essential features of the goods and / or services can be found in the respective item description and the additional information on our website www.wetzl.de.

§ 5 prices and payment methods

(1)  The prices, delivery and assembly costs listed in the respective offers represent total prices. They include all price components including all taxes.

(2)  The shipping and assembly costs incurred can only be determined once the end customer has registered and specified his delivery address. The shipping and assembly costs are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.

(3)  Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

§ 6 delivery conditions
(1)  The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective item description.

(2)  As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. 

(3)  If you are an entrepreneur, delivery and dispatch are at your own risk.

(4)  Unless otherwise agreed, delivery will be made from the warehouse to the delivery address given in the request for quotation.

(5)  The delivery takes place up to the point of use. It is necessary that there is an access, turning and unloading facility for a truck and that the point of use with the packages is accessible. An elevator must be available for delivery to the 5th floor or higher. If the requirements are not met, delivery is free curbside. In the case of island deliveries, deliveries can only be made to the curb.

(6) WETZL GmbH & Co. KG will inform you about delivery delays  immediately. 

(7) WETZL GmbH & Co. KG  delivers within 3-10 weeks. In the case of island deliveries, delivery times may be longer.

§ 7 Statutory warranty law 
(1)  The liability for defects in our goods is based on the "Warranty" provision in our General Terms and Conditions (Part A). 

(2) As a consumer, you are politely asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible.
If you fail to do so, this has no effect on your statutory warranty claims.

§ 8 cancellation policy

(1)  the  WETZL joinery  exclusively concludes contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Therefore, there is no right of withdrawal in accordance with Section 312 g (2) No. 1 BGB.

(2)  The following applies to ordering pure services such as measurement and advice:

You can revoke your contract declaration within 14 days in writing (e.g. letter, fax, email) without giving reasons. The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before the fulfillment of our information obligations according to Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. Timely dispatch of the cancellation is sufficient to meet the cancellation deadline. The revocation must be sent to:

WETZL GmbH & Co. KG 
Mühldorfer Str. 70
84419 Schwindegg

Phone:  08082/392
Fax:  08082/9129
E-mail:  schreinerei@wetzl.de

Consequences of cancellation

In the case of an effective revocation, the mutually received services and any benefits obtained are to be returned
(e.g. interest). If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value. This can mean that you still have to meet the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation, for us when we receive it.

special instructions

Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.

--End of revocation--

§ 9 data protection

(1)      The WETZL GmbH & Co. KG  collects personal data when requesting offers.

Personal data are all data that can be related to you personally, e.g. B. Name, address, email addresses, payment details, goods ordered. 

WETZL GmbH & Co. KG is responsible according to Art. 4 Para. 7 GDPR  ,
represented by business executive  Fabian Wetzl,  Mühldorfer Str. 70,  84419 Schwindegg.

(2)  The data is collected, stored and, if necessary, passed on by us, insofar as it is necessary to provide our services. The collection, storage and transfer is therefore carried out for the purpose of fulfilling a contract and / or to carry out pre-contractual measures on the basis of Art. 6 Para. 1 S. 1 lit. b GDPR. Failure to provide this data can result in the contract not being concluded and / or pre-contractual measures not being able to be carried out. If we deliver goods to you, we will pass on your data to the commissioned shipping company, insofar as these are required for delivery. Further processing will only take place if you have given your consent or if there is legal permission.

In some cases, we use external service providers based in the European Economic Area to process your data.

These service providers have been carefully selected by us, commissioned in writing and are bound by our instructions. They are checked regularly by us. The service providers will not pass this data on to third parties, but instead delete them after the contract has been fulfilled and statutory storage periods have been concluded, unless you have consented to further storage.

(3) We maintain current technical measures to ensure the protection of personal data. These are adapted to the current state of the art.

(4)  You have the right to request information from us at any time about the personal data we have stored about you (Art. 15 GDPR). This also applies to the recipients or categories of recipients to whom this data is passed on and the purpose of storage. In addition, you have the right, under the conditions of Art. 16 GDPR, the correction and / or, under the conditions of Art. 17 GDPR, the deletion and / or, under the conditions of Art. 18 GDPR, the restriction of processing to demand. Furthermore, under the conditions of Art. 20 GDPR, you can request data transfer at any time. Personal data is only stored for as long as it is necessary to achieve the respective purpose. This usually corresponds to the duration of the contract.

In the case of the processing of personal data for the performance of tasks in the public interest (Art. 6 Para. 1 S. 1 lit. e GDPR) or for the pursuit of legitimate interests (Art. 6 Par. 1 S. 1 lit.f DS -GVO), you can object to the processing of your personal data at any time with effect for the future.
In the event of an objection, we must refrain from any further processing of your data for the aforementioned purposes, unless

-               There are compelling, legitimate reasons for processing that outweigh your interests, rights and freedoms, or 

-               The processing is necessary for the establishment, exercise or defense of legal claims. 

You can object to the use of your data for direct marketing purposes at any time with effect for the future; this also applies to profiling insofar as it is related to direct mail. In the event of an objection, we must refrain from any further processing of your data for the purpose of direct advertising.

(5)  Please send all information requests, requests for information, revocations or objections to data processing by email  schreinerei@wetzl.de  or to the address given under § 1. For more information, we refer to the full text of the GDPR, which is available on the Internet at  https://dejure.org/gesetze/DSGVO  is available and our data protection declaration, which is available on the Internet at  wetzl.de (footer)  is visible. 

§ 10 Complaints / Dispute Settlement

Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/. In this context, we are obliged to point you to our e-mail address.
This is:  schreinerei@wetzl.de

NOTE ACCORDING TO VSBG
We are neither willing nor obliged to participate in a dispute settlement procedure or before a consumer arbitration board.