General Terms and Conditions of Sale
EWM Online Shop
I. Scope of validity
These general terms and conditions of sale apply to all contracts for equipment, accessories and services concluded between EWM AG and its customers through the former's online shop. Should the ordering party not conclude the contract as a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. for a purpose which cannot be attributed to either his commercial or independent professional activity, but as a business within the meaning of Section 14 BGB, the expressly-specified amendments must be observed.
The application of contradictory general terms and conditions of business of the customer is expressly rejected, unless they have been expressly recognised. This will also apply if EWM AG has not expressly rejected them following their submission.
II. Conclusion of the contract
The display of the products in the online shop does not constitute a legally binding offer but is a non-binding online catalogue. By clicking on the "Buy"/"Order with obligation to pay" button, you place a binding order to buy the goods contained in the shopping cart. Receipt of your order will be confirmed immediately after your order is sent but such confirmation does not mean acceptance of a contract. We may accept your order by sending an order confirmation by e-mail or by dispatching the goods within two days.
The contract language is German.
III. Right of cancellation
Consumers (Section 13 BGB) have a statutory right of cancellation.
Notification of the right of cancellation
Right of cancellation
Customers have the right to cancel this purchase contract within fourteen days, without stating reasons. The cooling-off period lasts for fourteen days from the date on which the customer or a third party appointed by the customer other than the carrier has taken possession of the last piece of goods. To exercise its right of cancellation, the customer must inform
Dr. Günter-Henle-Str. 8
Tel.: +49 2680 181-0
Fax: +49 2680 181-244
of its decision to cancel the contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). In order to observe the cooling-off period, it is sufficient for the customer to send notification of exercise of the right of cancellation before the cooling-off period expires.
Consequences of cancellation
If a customer cancels this contract, EWM AG must refund all payments which it has received from the former, including delivery charges (with the exception of the additional costs arising from the customer's choice of another form of delivery than the standard cheapest method offered by EWM AG), without delay and no later than within fourteen days of the date on which EWM AG receives notification of the cancellation of said contract. In the absence of any express agreement to the contrary with the customer, EWM AG will use the same method of payment for the refund as that used by the customer for the original transaction. Under no circumstances will the customer be charged a fee for repayment.
- End of the notification of the right of cancellation -
IV. Prices and shipping costs
The prices quoted in the online shop are final prices including the statutory VAT. Flat rate shipping costs in the amount 6,50 € will be charged for each order, in addition to the prices quoted.
Additional delivery and shipping charges which may be incurred and are to be borne by the customer will be itemised separately on the order page before conclusion of the ordering process and submission of the binding order by the customer in connection with the respective product description and the basket system.
Invoices from EWM AG are due for immediate payment. The purchase price may be paid by cash in advance or using Paypal. EWM AG will be entitled to charge interest on arrears if payment is delayed. Its further entitlements to compensation due to arrears remain unaffected thereby. Arrears of payment by the customer will entitle EWM AG to refuse further deliveries.
VI. Reservation of title
In the case of contracts with consumers, EWM AG will retain title to the goods supplied until the purchase price has been paid in full. In the case of contracts with businesses, EWM AG will retain title to the goods supplied until full settlement of all receivables due from the current business relationship.
The customer is not entitled to sell goods supplied to it before full payment has been made, in the absence of written consent. If the goods are further processed, the customer is not permitted to acquire title until full payment has been made. Should goods to which EWM AG has title form the principal part of another item, EWM AG will retain title to the newly-made item in the proportion which it jointly owns. In a case of use with other goods subject to reservation of title supplied by EWM AG, the latter will be entitled to co-ownership of the new item in the proportion of the value of the reserved goods to the entire value. Any receivable by the customer from any onward sale of goods from EWM AG will be assigned to EWM AG and will be used to secure the receivable. These rights extend to all associated subsidiary rights and securities. The customer will be obliged to reassign assignments to purchasers on demand by EWM AG and to provide all the necessary information and documents to the latter so that it may assert its rights against the purchaser. The pledging or assignment of goods supplied subject to reservation of title is inadmissible. EWM AG must be informed of pledging immediately, stating the attaching creditor. No charge may be made for the custody of goods supplied subject to reservation of title. The customer must insure them against the customary risks of fire, theft and water damage. The ordering party will assign the claims to compensation to which it is entitled from insurance policies for damage to goods supplied to it subject to reservation of title to EWM AG in the amount of the latter's receivable.
VII. Transfer of risk, delivery and performance
In the absence of any agreement to the contrary, delivery ex works is deemed to be agreed.
EWM AG is entitled to make partial deliveries, if the customer can reasonably be expected to accept them. The risk of accidental loss will be transferred to a commercial customer as soon as the goods have left the premises of EWM AG. Compliance with agreed deadlines requires the receipt of all the documents, necessary licences and plans and the fulfilment of other obligations by the customer in good time. The deadline will be deemed to have been observed on delivery, without assembly or installation of the consignment ordered, within the agreed delivery periods. Should delivery be delayed for reasons for which the customer is responsible, the delivery period will be deemed to have been observed on notification of readiness for shipping. Should EWM AG be prevented from observing the delivery deadline due to no fault of its own, the performance deadline will be postponed by an appropriate period, particularly in cases of force majeure and other circumstances for which EWM AG is not responsible. Should shipping be delayed on request by the customer, EWM AG may demand appropriate warehousing fees. Claims for compensation for delayed delivery are precluded unless they are a statutory requirement. EWM AG may demand that the customer undertakes to declare within a reasonable period whether it is cancelling the contract or insisting on delivery.
EWM AG will bear liability for defects in accordance with statutory requirements, subject to the following conditions: all parts and services which became defective or the utility of which was affected within the statutory limits with effect from the date of transfer of risk as a consequence of circumstances prevailing before the transfer of risk are subject to remedy. EWM AG must be notified of the detection of such defects by the commercial customer immediately, in writing. EWM AG will only bear liability in cases of gross negligence and deliberate intent, and precludes further liability, as far as is admissible. In cases of ordinary negligence, further losses, particularly for loss of profit and other losses, are precluded. The above limitations and exclusions of liability do not apply to claims based upon bodily harm and material damage caused by defective products.
Claims by customers will be precluded if the purchaser has failed to comply with instructions for use and operation, or failed to comply with them fully, or if inappropriate use has taken place. Should the commercial customer have notified a defect in writing within the guarantee period, its claims under guarantee will become time-barred one year after despatch of the notification.
IX. Data protection
We will store the text of the contract and send you an e-mail with the order data. You can at any time view the GTC here. You can view a history of your orders in your customer account.
X. Applicable law and court of jurisdiction
The following applies to merchants:
The contractual relationship is governed by the law of the Federal Republic of Germany, in particular to the exclusion of the UN Convention on Contracts for the International Sale of Goods, CISG, and international private law. The sole court of jurisdiction for any contractual claims and claims associated with this contract is Koblenz.
XI. Severability clause
Should individual provisions of these terms and conditions or other integral parts of the contract be or become invalid, the other provisions will remain valid. This will not apply if maintenance of the contract would represent unreasonable hardship for one of the contracting parties.
XII. Address for service and contact details
EWM AG's address for service is as follows:
Dr. Günter-Henle-Str. 8
Tel.: +49 2680 181-0
Fax: +49 2680 181-244
Company registration no. HRB 23726 at Montabaur District Court
VAT registration no.: DE155190423
Supervisory Board, Chairwoman: Angelika Szczesny-Kluge
Executive Board President: Susanne Szczesny-Oßing
Executive Board Vice President: Michael Szczesny
Last updated: July 2014