for Mr. Dietmar Posledni, trading under steelworxx, Sandberg 82, D-06528 Blankenheim, Germany, www.steelworxx.de, Tel.: +49 34659-61698, Fax: +49 34659-619967, e-mail: email@example.com (contractual partner)
Valid as of: Februar 2012
I. Validity of these terms and conditions; exclusion of other terms and conditions
All deliverables and performance by Dietmar Posledni/steelworxx are carried out on the basis of the following terms and conditions.
They are valid subject to individual arrangements and agreements which take precedence over these terms and conditions.
Other terms and conditions will not be recognised and do not constitute part of this contract; this applies particularly to such terms and conditions which extend beyond these terms and conditions.
II. Formation of the contract; steps for concluding a contract; saving the wording of the contract, language of the contract
1. Formation of the contract
The products offered by Dietmar Posledni/steelworxx on the Internet (through the website www.steelworxx.de and other sites), in catalogues, brochures etc. do not commit you to ordering products through Dietmar Posledni/steelworxx.
By ordering the requested goods on the Internet (www.steelworxx.de), by e-mail (firstname.lastname@example.org), by fax (+49 34659-619967) or by phone (+49 34659-61698) you make a sales contract proposal for the products which you have selected.
Dietmar Posledni/steelworxx will promptly confirm your order (usually by e-mail); this, however, is not an acceptance of your contract proposal.
We will then promptly check your order. If we can execute and accept this order, you will receive order confirmation within one working day by phone, fax or e-mail. If you do not receive an order confirmation from us within this time period, no contract has been concluded between us. Usually we will notify you if we are unable to fulfil your order.
2. Steps for concluding a contract; correcting input data errors
a. Ordering through our online shop at www.steelworxx.de:
Click on the desired item on our product pages and enter size, if necessary, and quantity. You can place the desired item into your virtual shopping cart by clicking on the corresponding button.
Bring up your shopping cart by clicking on “Shopping Cart”. The desired item appears showing the unit price and the number of units. Please check this information and correct if necessary.
You can now continue shopping by clicking on the corresponding button or proceed to the check out.
If you already have a customer account, you can log in with your e-mail address and password. If not, you can open a new customer account or continue your purchase without a customer account.
You can correct your entries at any time on subsequent pages by clicking on the “Back” button or using your browser’s “go back” function. Click on “Continue” to move to the next page and continue your purchase.
Choose your payment method. You can enter additional information about your order in the box reserved for remarks. Please confirm that you accept our terms and conditions by ticking the appropriate box.
Check your order details on the next page and confirm your order.
After making your purchase, you will automatically receive an e-mail confirming our receipt of your order.
If we are able to carry out your order, you will also receive an e-mail within one workday confirming the order (acceptance of your offer to enter into a contract) through verbal acceptance by phone, fax, or e-mail from us.
b. Ordering by phone, e-mail or fax:
Please indicate your full name, delivery address, different billing address if applicable, preferred method of payment and preferred method of shipment.
Indicate the item (item number), quantity, size where applicable, and any other details about the item.
We will promptly confirm the receipt of your order, usually by e-mail (this is not considered an acceptance of your contract proposal)
If we are able to fulfil your order, you will receive order confirmation within one working day (acceptance of your contract proposal) by phone, fax or e-mail.
3. Saving the wording of the contract
Dietmar Posledni/steelworxx saves the text of the contract concluded with you only as is necessary for tax and similar purposes. The wording of the contract, however, can no longer be called up after the ordering process is completed. The order acceptance and order confirmation, which contain all terms and conditions of the contract including these terms and conditions, should be printed out and filed.
4. Language of the contract
The sole contract language is German. If Dietmar Posledni/steelworxx provides these terms and conditions or other contract terms and conditions in another language, only the German wording of the general terms and conditions and contract terms and conditions is valid in the case of any deviations in content.
III. Object of the contract, workmanship, warning notice and disposal notice
1. Object of the contract / prices
The products, work performance and services specified during the ordering process and named in the order confirmation are the object of the contract. Their final prices include statutory VAT and exclude packaging and shipping and can be found on our website, in our brochures and price lists, and in our shops.
For customized items, the price is determined by a cost estimate made before conclusion of the contract.
Additional duty, taxes, fees and similar may be accrued on foreign orders, particularly on orders from outside Europe. These additional fees are not included in the prices stated and are to be borne by you. Please look into this matter accordingly, particularly with your customs agents.
2. Workmanship of the object of the contract
We hand make all of the products made of steel and stainless steel. These are individual pieces which can vary slightly in their surface quality and processing. These items are made only after confirmation of the order.
For products made of leather, it should be noted that leather is a natural material which is subject to variation in terms of quality, feel, colour, surface etc. Some of these products are also individually crafted and certain irregularities may occur during processing. Please observe care instruction where applicable.
For technical reasons, the images of all of our products on our website and other images (catalogue etc.) may vary slightly to the actual product. Colours may particularly differ from the actual colour of the products depending on your computer and/or monitor, lighting (daylight, artificial light etc.) and other factors.
3. Application and warning notice; not suitable for children
We would like to point out that all of the delivered products may only be used for the purpose intended so as to exclude endangering your body and health. Please observe unconditionally the enclosed instructions for use!
Our products must be used within the presence of another person. Products may only be used on another person with their express consent and not against their will.
Please consult a physician before deciding on our products, in particular in the case of tissue inflammation, skin or yeast infection, inflammation, or heart or circulatory disease.
When using our products, please ensure sufficient manoeuvrability in the genital area and on other parts of the body. Ensure that every type of constriction is avoided when wearing the products, so that blood can constantly circulate.
For hygienic reasons and to avoided damaging your health, Dietmar Posledni/steelworxx recommends cleaning every day the products that are worn. Otherwise there is an increased risk of damaging your body, particularly with tightly fitting products.
Unauthorised altering or modifying of the products can also lead to increased endangerment to your body and health.
Dietmar Posledni/steelworxx and his employees are in no way liable for damage to body, health or otherwise, through improper use of the product. Use of our products is at your own risk. The regulations of the Product Liability Act remain unaffected.
Our products are not toys and are not suitable for children and minors. We expressly remind you that giving our products to children and minors, and the use of our products by/on children and minors is prohibited.
4. Disposal notice:
Electrical and electronic devices may not be disposed of in household waste. As the owner of such a device, you are obligated to keep them separated from unsorted municipal waste (household waste). As a consumer you can take your old electrical and electronic devices to a communal collection point free of charge. The manufacturers must take back the devices collected there and dispose of them.
Some of our products come with batteries and/or rechargeable batteries which also may not be disposed of in the household waste. These batteries are labelled with a crossed-out waste bin. Below this is the chemical symbol for the heavy metal which is decisive for classifying it as containing a contaminate (Cd for cadmium, Hg for quicksilver or PB for lead). As a consumer, you are legally obligated to turn back in used batteries. You can take these for proper disposal / recycling to the public collection points in your community, or wherever batteries are sold. Or you may send them or bring them back to us.
IV. Shipment and delivery
Dietmar Posledni/steelworxx custom manufactures the products you order as soon as a contract governing the order is concluded.
The product is shipped immediately after manufacture and receipt of payment (in advance) to the delivery address you indicated.
Products which are immediately ready for delivery (on stock) are indicated as such on our product pages. Immediate delivery is only possible if in stock.
We assume shipment risk and the product is shipped insured and in neutral packaging.
The product is usually delivered 4 weeks after conclusion of contract, depending on mail delivery time and the point at which the product is ready to ship. The latter depends on the scope of the order.
V. Payment, ownership, set-off, right of retention
Payment can be made in advance or as cash on delivery.
If you choose to pay in advance, please transfer the purchase price plus shipping fees within 5 days after concluding the contract to the account stated in the order confirmation: Dietmar Posledni, Postbank Leipzig, routing number 860 100 90, Account no. 314 27 909.
In the case of a COD, payment is made upon handover of the shipment. Currently an additional fee of 2.00 EUR will be charged which you will pay directly to the deliverer.
The products which we deliver remain our property until they have been fully paid for.
3. Set-off and right of retention
You may only set off with counterclaims which are established by a court of law, are uncontested or are recognised by us in writing.
You have the right of retention when such claims are derived from the same contractual relationship.
VI. Return policy for consumers
As a consumer, you have the right to return an item or product which you have purchased from us in accordance with the following return policy. Items cannot be returned if
You have acquired the products from us for commercial or entrepreneurial reasons (in this case you are not a consumer)
The product was specially manufactured according to your individual specifications or it is clearly tailored to meet your personal needs (custom-made)
The product has a short shelf-life or its expiry date has already expired
The product is storage media containing audio or video recordings or software, if you have already broken the seal on the storage medium
The product is newspapers, periodicals or glossy magazines
The product is not suitable for return due to its nature
*** Start of the Return Policy Notification ***
You can return the items you have received within 14 days without stating a reason.
The period begins after this notification has been received in written form (e.g. as a letter, fax or e-mail), however not before the receipt of goods by the recipient (for recurring deliveries of similar goods, not before the first partial delivery) nor before we have fulfilled our obligations to provide information as defined in Article 246 Sec. 2 in conjunction with Sec. 1 Para. 1 and 2 of the Introductory Act of the Civil Code (EGBGB) as well as our duties under 312g Para. 1, Sentence 1 of the German Civil Code in conjunction with Article 246 Sec. 3 of the EGBGB.
For items which cannot be packaged (such as bulk items), you may also declare your intention to return the item through a written return request. The deadline for returning the item is deemed met if the item or the return request is sent off in time. We bear the costs and risks for returning the item in every case.
Please send the return items or return requests to:
Fax: +49 34659 – 61 99 67
The product will be picked up from you in the case of a return request.
In the event of effective return, the services received by either party shall be returned and any benefits that may have been accrued shall be released. If the item deteriorates or is used (e.g. benefits from use), and is returned in a total or in part or only in a deteriorated condition, you are required to compensate for this loss in value.
This shall only apply if the deterioration of the surrendered goods is the result of more than just an inspection of the goods’ properties or functionality. “Inspection of properties or functionality” is considered to be testing and trying out these goods as is possible and common in a shop.
Obligations to reimburse payments must be fulfilled within 30 days. This period begins for you with the posting of the goods or the request of return, for us with receipt of the goods.
*** End of the Return Policy Notification ***
VII. Warranty, Compensation, Period of Limitation
1. Product description
Please note the information on quality and warnings as set forth in Clause III above. In terms of the quality as described therein, it does not concern product defects and is also not an assumption of a quality guarantee.
2. Warranty and Compensation
Warranty rights are in line with legal regulations. Liability for compensation for contractual, pre-contractual breaches of duty and prohibited actions is limited as follows:
Liability for compensation for negligence is excluded. This does not apply if the dereliction of duty is related to duties whose fulfilment enables proper execution of the contract and whose compliance the purchaser/customer may regularly rely on. Liability shall also remain unaffected for wilful or grossly negligent behaviour and for damages in cases of death, physical injury or illness.
The period of limitation for compensation is one year from the start of the statutory period of limitation.
Legal regulations apply for liability as per the Product Liability Act.
4. Investigation and contesting
a. No investigation and contesting obligations for consumers
Please inform us as soon as possible about any damage caused by transport or other external damage which is immediately visible on the product sent to you. This is, however, not a prerequisite for your warranty claim and claim for compensation as a consumer.
b. For companies
Irrespective of this, for customers who are entrepreneurs or are working is this capacity, the investigation and contesting obligation as per Para. 377 HGB applies, with the stipulations that an expert investigation is to occur and all determined defects are to be contested by sending a detailed description of these by e-mail, fax or post within 10 working days after receiving the goods. If defects are discovered later, which were not discovered during the above-mentioned investigation, these are to be contested immediately, but no later than three working days after their discovery.
Failing this (no, insufficient and/or late investigation and/or contesting) the goods and/or work performance are considered free of defects in that defects would have been discovered during the above-mentioned investigation.
VIII. Governing law; place of jurisdiction
All disputes arising from this legal relationship are subject to the laws of the Federal Republic of Germany; application of the Uniform Law on the International Sale of Goods (CISG) is excluded.
If the customer is a merchant or if he works in this capacity, Blankenheim is designated as place of jurisdiction. For the rest, particularly for lawsuits made by or against consumers, the legal courts of jurisdiction apply.