General Terms and Conditions.
On the basis of these General Terms and Conditions (GTC) between
the customer and the website https://winkarm.de represented by:
hereafter referred to as the provider, the contract is concluded.
The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions;
we do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions, unless we
have expressly agreed to their validity. In this respect, contractual performance on our part shall not be deemed to be consent to contractual terms and conditions that deviate from
our terms and conditions. These terms and conditions shall also apply as a framework agreement for all
further legal transactions between the contracting parties.
Subject matter of the contract.
This contract regulates the sale of physical products through the website of the provider, or the conditions of the partners. Because of the details of the particular offer is referred to the product description of the offer page..
The contract is concluded in electronic commerce via the store system
. In this regard, the offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for the conclusion of the contract includes the following steps in the store system WooCommerce:
– Selection of the offer in the desired specification
– Insertion of the offer in the shopping cart
– Pressing the button ‘order’
– Entry of the billing and delivery address
– Selection of the payment method
– Review and processing of the order and all entries
– Pressing the button ‘order with costs’
– Confirmation email that order has been received
With the sending of the order confirmation, the contract is concluded.
Minor changes in performance.
We are entitled to make the customary deviations in quality, strength or appearance of the goods. Minor or
other for our customers reasonable changes in our performance or delivery obligation shall be deemed approved in advance. This applies
in particular to deviations caused by the item (e.g. in dimensions, colors, structure, design, material composition, etc.). For
print orders as well as bulk goods, we reserve the right to over / under delivery of 10%, since goods are not counted but
weighed on a case-by-case basis, in which case they will be invoiced accordingly
The contract is concluded for an indefinite period.
The provider reserves the right to
provide a service equivalent in quality and price. The performance shown in the store is exemplary and not the
individual, contractual performance. The provider reserves the right in
case of unavailability of the promised performance not to provide it.
Prices, shipping costs, return shipping costs.
All prices are final prices and include 19% sales tax (VAT). In addition to the final prices, depending on the shipping method, there are additional costs that are displayed before the order is sent.
The customer has only the following options for payment:
Aprior bank transfer, direct debit, payment service provider (PayPal) and credit card.
Further payment methods may be offered in the future, we reserve the right to make changes. The invoice amount is to be transferred in advance after receipt of the invoice, which contains all the details for the transfer and is sent by mail, to the account specified therein. The invoice amount is collected by the provider by direct debit based on the direct debit authorization by the customer from his account.
When using a trustee service / payment service provider allows
this the provider and customer to process the payment among themselves. In doing so, the escrow service or payment service provider forwards the customer’s payment to the provider. For more information, please visit the website of the respective escrow service/payment service provider. The invoice amount can also be paid in cash, deducting the shipping costs charged, at the provider’s business premises during normal office hours.
When paying by credit card, the customer must be the cardholder. The credit card will be charged before the goods are shipped. The customer is required to pay or transfer the amount shown on the invoice to the account specified on the invoice within 5 days of receipt.
Payment is due from the date of invoice without deduction.
On expiry of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally established.
The standard delivery time is 14 days, unless otherwise stated in the item description. In the case of individual sample, the production time may be extended if necessary. The supplier will ship the order from its own warehouse as soon as the entire order is in stock there. The customer will be informed about delays immediately. Shipping is free of charge for the customer..
If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in time, the provider has the right to withdraw from a contract with the customer in this respect. The customer will be informed of this immediately and any services received, in particular payments, will be refunded.
We shall only be obliged to perform the service as soon as the customer has fulfilled all his obligations that are necessary for performance,
in particular all technical and contractual details, preliminary work and preparatory measures.
We shall be entitled to exceed the agreed dates and delivery periods by up to two weeks. Only after this period has expired
the customer may withdraw from the contract after setting a reasonable grace period.
The contract text is stored by the provider. The customer has no possibility to directly access the stored contract text himself.
Warranty, obligation to examine and notify.
Obvious defects, regardless of their nature, and the delivery of goods other than those ordered must be claimed in detail immediately, i.e. without delay after
arrival and before use of the goods, but at the latest within one week of receipt of the delivery items by the customer by
registered letter. Hidden defects which cannot be found immediately after the immediate
examination incumbent upon the Buyer shall be notified in writing by
registered letter without undue delay, at the latest, however, within one week after their discovery. If a complaint is not made or not made in time, the goods shall be deemed to have been approved. In the event of a warranty claim
the object must be delivered cleaned and dry; the customer shall bear the costs of transport to and from the workshop or the travel to and from of a
technician. After the expiry of 6 months from the transfer of risk, warranty claims of any kind against
us shall expire. In the event of a remediable defect, we shall fulfill the customer’s warranty claims at our discretion either by
replacement, repair within a reasonable period or price reduction. Claims for damages by the customer aimed at remedying the
defect may only be asserted if we are in default with the fulfillment of the warranty claims.
A warranty covers material defects, processing defects under the condition of reasonable, normal use; it does
not cover damage from wilful damage, vandalism, improper and improper use, damage due to wind and
weather and improper transport; furthermore, it does not cover loss of profit, consequential damage and damage against third parties.
In accordance with Section 377 of the German Commercial Code (HGB), the goods must be inspected immediately after delivery. Defects discovered in the course of such inspection shall be notified to us in writing without undue delay
including the type and extent of the defect. Hidden defects must be notified to us in writing without delay, but no later than
within 3 working days of their discovery. If a notice of defect is not made or not made in time, the
goods shall be deemed approved.
Retention of title and its assertion.
All goods are delivered by us under reservation of title and remain our property until full payment. In the
Geltendmachung of the reservation of title is only a withdrawal from the contract if this is expressly declared. In case of
return of goods we are entitled to charge incurred transport and travel costs. In the event of access by third parties to the goods subject to retention of title –
particularly through seizure – the customer undertakes to draw attention to our ownership and to notify us without delay.
The customer shall bear the full risk for the goods subject to retention of title, in particular for the risk of destruction, loss or
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or to
damage to items accepted for processing. The existence of slight or gross negligence, the injured party has to
prove. The provisions contained in these terms and conditions or otherwise agreed provisions on damages shall also apply,
if the claim for damages is asserted in addition to or instead of a warranty claim.
Damage claims resulting from inflating and using balloons, tethered balloons or inflatable objects are expressly
excluded. For balloon decorations, especially in publicly accessible areas, the locally responsible person must ensure
compliance with all safety regulations, as flammable materials are also used in decorations!
Assignments of claims.
In the case of delivery subject to retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from
the sale or processing of our goods, on account of payment until final payment of our claims. Upon request, the
customer shall name his buyers and notify them of the assignment in due time. The assignment shall be made apparent to the customer in the
business books, delivery bills, invoices, etc.. If the customer is in arrears with his payments to us,
the sales proceeds received by him shall be segregated and the customer shall collect them only on our behalf.
Possible claims against an insurer are already assigned to us now. Claims against us may not be assigned without our express consent.
Claims for damages by the customer are excluded, unless otherwise stated in the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer makes claims for damages against them. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract..
Equally, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent.
Copyright, rights of use.
The drafts and designs of the WinkArm figures may not be changed or sold without the express consent of WinkArm (represented by Özkan Karahisar). Any imitation even of parts is prohibited. A violation of this provision entitles WinkArm to demand a contractual penalty. If no remuneration has been agreed upon, the usual remuneration according to the collective agreement for design services SDSt/AGD shall be deemed to have been agreed upon.
The Customer shall not be entitled to withhold the entire amount of the gross invoice amount, but
only a reasonable part thereof, in the event of a justified complaint, except in cases of reversal. Reasonable is the amount that would have to be spent for the removal
of the defect.
Language, jurisdiction and.
The contract shall be drawn up in German. The further performance of the
contractual relationship shall be in German. The law of the
Federal Republic of Germany shall apply exclusively. For consumers, this applies only insofar as this does not restrict any legal provisions of the state in which the customer has his residence or habitual residence.
In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these terms and conditions, data is collected, stored and processed by the provider. This is done within the framework of the statutory provisions. The provider does not disclose any personal data of the customer to third parties, unless he would be required to do so by law or the customer has previously expressly consented. If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act shall be complied with.
The data provided by the customer by way of the order will be processed exclusively for the purpose of contacting the customer within the framework of contract processing and only for the purpose for which the customer has provided the data. The data will be disclosed only to the extent necessary to the shipping company, which will take delivery of the goods according to the order, and to the manufacturer who makes the fabric..
The payment data will be passed on to the credit institution entrusted with the payment.
So far as the provider is subject to retention periods of a commercial or tax nature, the storage of some data may last up to ten years. During the visit to the Internet store of the provider, anonymous data that do not allow any conclusions to be drawn about personal data and do not intend to, in particular IP address, date, time, browser type, operating system and pages visited, are logged.
At the request of the customer, the personal data will be deleted, corrected or blocked within the framework of legal provisions.
A free information about all personal data of the customer is possible.
For questions and requests for deletion, correction or blocking of personal data, as well as collection, processing and use, the customer can contact the following address: Özkan Karahisar, Südstraße 40, 58809 Neuenrade.
The invalidity of any provision of these GTC shall not affect the validity of the other provisions.
Implementation of the ODR Directive Online Dispute Resolution pursuant to Article 14 (1) ODR Regulation The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. Notice pursuant to Section 36 (1) No. 2 VSBG: We would like to point out that we are generally willing to participate in dispute resolution proceedings before a consumer arbitration board. Consumers can contact the following consumer arbitration board for this purpose:
General consumer arbitration board of the Zentrum für Schlichtung e.V.
Contact: Straßburger Straße 8, 77694 Kehl Tel: +49 7851 79579 40
Fax:+49 785179579 41 Internet: www.verbraucher¬schlichter.de
This arbitration board is a ‘general consumer arbitration board’ according to § 4 para. 2 p. 2 VSBG”
Alternative dispute resolution pursuant to
Art. 14 para. 1 ODR Regulation and § 36
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.