General Terms and Conditions
of Edwin Europe GmbH for the online shop edwin-europe.com
1. Area of validity/contact details
These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded between us, Edwin Europe GmbH, and you as our customer via our online shop on edwin-europe.com (hereinafter referred to as “online shop“).
Divergent, contradictory or supplementary General Terms and Conditions of yours shall become an integral part of the contact only if expressly accepted in writing by us. Our mere knowledge of your General Terms and Conditions shall not make them an integral part of the contract.
The version of the GTC which is valid when the contract is concluded shall prevail.
Our contact details are:
Edwin Europe GmbH
79576 Weil am Rhein / Germany
Telephone: +49 (0)7621 966 333
Managing Directors: Tobias Disch, Heinfried Schmidt-Jenne and Oliver Drewes
Commercial Register OF Freiburg County Court No Nr. HRB 705371
2. Approved customers, destinations and order quantities
You may place orders in our online shop only if you act as a consumer and not as a contractor or within the scope of an activity as a self-employed person.
We shall accept only such orders which stipulate delivery to the following countries: United Kingdom, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.
Furthermore, we shall accept only such orders which stipulate the delivery of consumer quantities.
3. Conclusion of contract
The presentation and promotion of items in our online shop does not constitute a binding offer for the sale of certain items.
When you submit an order via the online shop, you shall be placing a legally binding order.
A purchase contract is not yet concluded by the submission of your order. First you shall receive from us a confirmation of your order by e-mail; this confirmation is not a legally binding acceptance of your order. The purchase contract for an item you ordered shall not be concluded until you have received from us another e-mail with the shipping confirmation for the item.
4. Prices and shipping costs
Unless marked otherwise, all prices in our online shop are gross prices including sales tax. Shipping costs shall be added where appropriate and must be borne by you.
The shipping costs are stated for each item in our online shop. The price including sales tax and shipping costs is also shown on the order form before you submit the order.
If we fulfil your order in accordance with Number 6 of these GTC by partial delivery, you shall incur shipping costs only for the first partial delivery. If the partial delivery takes place at your wish, we shall charge shipping costs for every partial delivery.
5. Terms of payment and offsetting
You may use the methods of payment which are shown in our online shop.
You may only offset such claims against our own as are legally recognised, ready for decision or undisputed.
6. Delivery/Delivery periods/Part-deliveries
Delivery shall be made to the delivery address specified by you in the ordering process.
Insofar as we have not stated any other delivery period in the ordering process or in the shipping confirmation, the delivery period shall be approximately 3-5 working days from confirmation of shipping.
As soon as we give the shipping company in question products to be delivered to you, you shall receive shipping confirmation, together with a tracking link with which you can follow the status of the shipment.
We are entitled to send part-deliveries to an extent that is reasonable for you.
7. Reservation of self-supply and retention of title
If we cannot or cannot punctually deliver an ordered item after conclusion of a contract with you, although we entered into a purchase agreement with a supplier before we concluded the contract with you, we are entitled to release ourselves from the delivery obligation with regard to this item. In this case we are bound to immediately inform you of the unavailability of the item and to immediately refund payments, if any, previously rendered for the item and its delivery.
The items delivered shall remain our property until complete payment of the purchase price.
8. Right of Cancellation and Consequences of Cancellation
8.1 Right of Cancellation
You are entitled to revoke your contract within two weeks in writing (e.g. letter, fax, e-mail) without giving a reason or, in the event that you received the items before the expiry of the revocation period, by returning the item. The period shall commence after receipt of this notification in writing, however not before receipt of the goods by the recipient (however, in the event of recurring delivery of similar goods, not before receipt of the first partial delivery thereof) and not prior to us fulfilling our information obligation pursuant to article 246 section 2 in conjunction with section 1 subsection 1 and subsection 2 eg bgb (introductory act of the german civil code) as well as our obligations pursuant to section 312e subsection 1 clause 1 bgb in conjunction with article 246 section 3 eg bgb. The revocation period shall be deemed observed if the item is returned or notice of revocation is given within this period.
If the cancellation is effected by letter, it must be sent to the following address:
Edwin Europe GmbH / Rebgartenweg 6 / 79576 Weil am Rhein / Germany
If the cancellation is effected by returning the item, it must be sent to the following address:
Edwin Europe GmbH / B2C - Returns / Rebgartenweg 6 / 79576 Weil am Rhein / Germany
Consequences of cancellation in the event of a valid cancellation, both parties must return the received goods or payments as well as any derived benefits (e.g. interest). if you are unable to return the services or goods received in whole or in part, or if you can only return them in a deteriorated condition, you shall be liable to pay us compensation accordingly. this shall not apply to surrendered items, if such deterioration of the items can be attributed solely to their examination – as it would have been possible for you in a retail shop. In other respects you can avoid the obligation to compensate for deterioration due to the utilisation of the items as intended by not using the items as if they were your property and by refraining from doing anything that could impair their value. Items suitable for delivery by parcel post are to be returned at our risk. the return is free of charge for you by sending the enclosed return shipping label. Obligations to reimburse payments must be met within 30 days. this period shall commence for you when you send your notice of cancellation or the items, for us when we receive them.
9. Defects of quality and title / colour variations / care of the delivered items
In the event of any defects of quality or title you are entitled to all rights pursuant to the legal regulations, however with the proviso that the restrictions and exclusions stipulated in number 10 shall apply to damage claims or claims for reimbursement of wasted expenditure.
Slight colour variations between the colours of the items shown on the website and their actual colours may occur for technical reasons.
Please note the washing and care instructions that are printed on the labels of the delivered items. we are not liable for any impairment of the items which is caused by improper cleaning or care of the delivered items.
In all cases of contractual or non-contractual liability, we shall be liable to you for damage caused intentionally or by gross negligence in accordance with the legal regulations pertaining to compensation for damages or reimbursement of wasted expenditure.
In other cases we shall be liable – unless regulated otherwise in Number 10.3 – only in the event of an infringement of a contractual obligation whose fulfilment makes the proper execution of the contract possible in the first place, and whose fulfilment you as a customer can regularly rely on (so-called cardinal obligation), namely restricted to compensation of foreseeable and typical damage. Subject to the provision stipulated in Number 10.3, our liability shall be excluded in all other cases.
Our liability for damages (i) resulting from personal injury, bodily harm or danger to health, (ii) pursuant to the Product Liability Act as well as (iii) from guarantees of quality and/or durability shall remain unaffected by the foregoing limitations of liability and exclusions of liability.
11. Customer service / support.
If you have any questions, comments or complaints as well as other notifications regarding your orders, please send them to us by letter, telephone or e-mail using the contact details specified above in number 1.4.
12. Applicable law
Applicable law German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you are habitually resident in a different country than the Federal Republic of Germany at the time of your order, the application of mandatory statutory provisions of this country shall remain unaffected by the applicable law stipulated in Clause 1.
13. Online dispute resolution
In the event of legal disputes with us, you have the option of trying to reach an out-of-court settlement using the Internet site set up by the European Commission for online dispute resolution ("ODR"). You can find the ODR site at http://ec.europa.eu/odr.