General Terms and Conditions

Below you will find our general terms and conditions and the general terms and conditions for traders.

Status: 07.12.20

• 1. General

(1)

These general terms and conditions provide the exclusive basis for all between the company Wera Tool Rebels GmbH, Korzerter Straße 21-25, 42349 Wuppertal, entered in the commercial register of the Wuppertal Local Court under HRB 30892, represented by the managing director Dipl-Ing. Martin Strauch and Dipl.-Ing- Michael Abel and Consumers within the meaning of § 13 BGB, i.e. natural persons who conclude the respective legal transaction for a purpose that can neither be attributed to your commercial nor your independent professional activity, via the online shop www.toolrebels.de  justified legal relationships.

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(2)

The general terms and conditions apply in the version valid at the time the contract was concluded.

These can be accessed free of charge at www.toolrebels.de in a storable and printable version.

• 2 conclusion of contract

(1)

The goods presented in our shop do not contain a binding offer by the provider and no offer in the legal sense. It is a request to the Interested persons/Customers to submit a binding offer to the provider.

(2)

Every order placed by the customer represents a non-binding offer to conclude a purchase contract for the goods ordered. By clicking the "Submit" button in the online shop, the customer makes such an offer to purchase the goods in the shopping cart. In doing so, the customer also recognizes these terms and conditions as solely decisive for the legal relationship with the provider.

(3)

The provider will confirm receipt of the customer's order in text form (e.g. fax or e-mail). This confirmation of receipt does not constitute a binding acceptance of the order.

(4)

The purchase contract is only concluded when the provider sends the customer an express order confirmation or sends the ordered goods to the customer.

• 3 Prices and Terms of Payment

(1)

All prices in the provider's online shop are gross prices including sales tax. In addition to the price of the goods, costs for payment and shipping are shown to the customer on the order page, at the latest in the shopping cart clearly communicated and can be accessed via the link shipping costs.

(2)

The prices current at the time of the order apply. The provider reserves the right to change the

Online shop to change prices before the conclusion of the contract. In such a case, the supplier's order confirmation represents an amending offer to conclude a contract, so that the contract is only concluded with the customer's separate acceptance.

(3)

The purchase price is paid at the customer's discretion about the Payment methods offered in the shop.

• 4 Delivery, transfer of risk, retention of title

(1)

The goods are delivered to the delivery address specified by the customer. Goods that the provider has in stock will be shipped within 5 working days.

If the goods are not in stock or are personalized, the estimated delivery time is indicated in the online shop.

(2)

The delivery of the goods takes place at the risk of the provider.

The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon delivery.

(3)

The goods remain the property of the provider until the purchase price has been paid in full.

(4)

The provider is entitled to make partial deliveries if this is reasonable for the customer.

If a partial service is provided at the instigation of the provider, no additional shipping costs arise. Additional shipping costs are only charged in accordance with § 3 Paragraph 1 if the partial delivery is made at the express request of the customer.

• 5 Customer rights in the event of defects

(1)

With regard to the type, scope and quality of the goods, only the information given in the order confirmation is relevant.

(2)

The customer is obliged to notify the provider of obvious material or legal defects within two weeks of receiving the goods. The timely sending of the notification is sufficient to meet the deadline.

(3)

In the event of defects, the customer's rights to subsequent performance, withdrawal from the contract or a reduction in the purchase price are determined by the statutory provisions. For any claims for damages in addition to the service and instead of the service, the regulation in § 6 applies.

• 6 liability

(1)

The provider is not liable for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations or guarantees or justify damage to life, limb or health or claims under the Product Liability Act.

(2)

If the provider is also liable for slight negligence, the amount of liability is limited to contract-typical, foreseeable damage.

(3)

If the liability of the provider is excluded or limited, this also applies to the liability of legal representatives, employees and vicarious agents of the provider.

(4)

The provider is not liable for the functionality of data networks, servers or data lines to his data center and the constant availability of his online shop.

• 7 Offsetting

The customer is only entitled to offset if his counterclaims have been legally established, are ready for a decision or are undisputed.

• 8 Data protection

(1)

The personal data voluntarily provided by the customer as part of his order will be processed exclusively in compliance with the requirements of the Federal Data Protection Act (BDSG)., of the European General Data Protection Regulation (EU-DSGVO) and the Telemedia Act (TMG).

(2)

Personal data of the customer are only collected if and to the extent that the customer voluntarily provides such data to the provider when using the online shop. This data is only processed and passed on to third parties if this is necessary for the implementation of the contractual relationship between the provider and the customer. The data will therefore be sent to the shipping company commissioned with the delivery and, if necessary, to the credit institution commissioned with the payment processing/ Payment service providerpassed on. The data will not be passed on to third parties beyond this.

(3)

The customer has at all times ein the right to free information about his stored personal data and, if necessary, a right to correct, block and delete this data.

(4)

The provider reserves the right to create user profiles for the purposes of advertising, market research or to tailor his offers using pseudonyms using the customer data collected. The customer is entitled at any time to object to this use of his usage data.

(5)

The content of the data protection information within the meaning of this § 8 is available to the customer at any time www.toolrebels.de retrievable.

(6)

Questions about the collection, processing and use of personal customer data, information, corrections, blocking or deletion of data as well as the revocation of consent given can be directed to the provider at the address given in Section 1 (1) of these GTC.

• 9 right of withdrawal

(1)

The customer can revoke his contract declaration within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the goods. The period begins at the earliest with the receipt of an instruction about the right of withdrawal in text form. To meet the cancellation deadline, it is sufficient to send the cancellation or the goods to the provider in good time.

(2)

The right of withdrawal does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to the personal needs of the customer, i.e. in particular for personalized tools.

(3)

In the event of an effective revocation, the mutually received services are to be returned and any benefits (e.g. benefits of use) surrendered.

If the service received cannot be returned in whole or in part or can only be returned in a deteriorated condition, the customer may have to compensate the provider for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as it would have been possible for the customer in a shop. in the The rest the customer can avoid the obligation to pay compensation by not using the item as if it were his property and by refraining from doing anything that could impair its value. Items that can be sent as parcels are to be returned by the customer. The return is at the risk of the provider. The customer bears the costs of the return.

• 10 final provisions

(1)

The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. The applicability of mandatory standards of the country in which the customer has his habitual residence when the contract is concluded remains unaffected by this choice of law

(2)

If one or more provisions of these general terms and conditions are or become ineffective or unenforceable, this does not affect the effectiveness of the terms and conditions in The rest. The ineffective or unenforceable provision must be replaced by one that comes closest to what the parties intended in the original provision, economically and legally. This also applies to any contractual loopholes.