Terms and Conditions (based on German law)
These are the terms and conditions of purchases via the www.thetheoryworks.com website, between
The Theory Works, William Penney, Eibenstr. 11, 90513 Zirndorf, Germany (the ”supplier”)
the customer (according to § 1(2)) (the “customer”)
§1 Scope and Terminology
(1) These terms and conditions are valid for all business relationships between the supplier and the customer at the time of ordering. Terms and conditions altered by the customer will not be accepted by the supplier unless the supplier has explicitly agreed to this in writing.
(2) The customer is a private user, who is not acting as a business/ trade person or self employed. The supplier is a natural person or corporate entity or lawful business partnership, who is acting in a business-oriented or self-employed manner.
§2 Offer/ Completion of a Contract
(1) The customer can choose a range of products, including shelters and other outdoor products and can place these in the shopping basket. Via the “place order” button the customer enters into a binding agreement to purchase the goods in the basket.
The customer has the opportunity to check and alter his/her order at any stage before the order is placed. The contract can only be accepted if the terms and conditions are accepted by checking the tick box.
(2) The ordering process consists of four different steps. In the first step, the customer chooses his/her products. In the second step, the customer provides his/her invoice address and can alter the delivery address (if necessary). In the third step, the customer chooses the payment method. In the fourth step, the customer can check all details (e.g. name, address, payment method/details, ordered goods) and can correct details if needed before placing the order via the “place order” button.
(3) The contract is then saved by the supplier. The contract language is German. The customer has the opportunity to print the contract in the last stage of the ordering process.
(4) An automatically generated order confirmation is then sent by the supplier via email to the customer. The customer can check the order again and print the order through his/ her email programme. The automatically generated confirmation email informs the customer that the supplier has received the order. However, this email is not an acceptance of the contract. The contract is only accepted through a declaration of acceptance through the supplier. This can be sent up to 10 days after sending the order confirmation email in a separate email or can be sent with the delivery of the goods.
(5) The usage the direct bank transfer does not automatically lead to the formation of a contract. A contract is formed once the seller has confirmed the order in writing (e.g. an email), in which the seller informs the customer about the delivery of ordered goods or by sending them.
If the customer does not receive a confirmation of the contract or delivery of goods within 10 days, the customer is not legally bound to the contract any longer. In this case, already made payment(s) will be reimbursed.
§3 Delivery & Availability of Goods
(1) If despite best efforts there are no goods available, the customer will be informed by the supplier in the order confirmation. If the goods are not available long-term, the supplier will not send an order confirmation and therefore there will not be a valid contract.
(2) In case that the ordered goods are not available temporarily, the supplier will inform the customer about this in his confirmation. If the delay in delivery is more than two weeks, the customer has the right to reject the contract. In this case, also the supplier has the right to cancel the contract. The payment made will be immediately refunded.
§4 Prices & Shipping Costs
(1) All prices stated on the website are final prices and include applicable German sales tax (Mehrwertsteuer, MwSt, translated as VAT in English).
(2) The shipment fees are stated during the order process and need to be paid by the customer as long as the customer does not make use of his/her right of cancellation.
(3)The shipment of the goods is made by postal service (DHL) within three working days of receipt of payment. The supplier is responsible for the delivery of the goods according to the German Civil Code §§ 474,447 BGB.
When the customer is a business customer, risk and responsibility for shipment is transferred to the customer when the supplier hands the goods over to the logistics company. Shipping insurance can only be offered to businesses. Should the business client wish to include such insurance, the customer needs to enter into a separate contract. The additional costs need to be paid by the customer.
§5 Payment Options
(1) The price of goods is to be paid as a direct bank transfer or by credit card if there is no other contractual agreement. In order to reduce credit risk, the seller can limit the choice of payment methods.
(2) The customer can change his/her choice of payment method via his/her customer account at any time.
(3) The payment is due immediately after the contract is formed. If the due date is defined as a calendar date, the customer is obliged to pay the full amount on this date. In this or any other case of a late payment, the customer has to pay late payment charges of 5% above the base rate of interest. The late payment charges are regulated by law.
(4) The obligation of the customer to pay the late payment charges does not mean that other late payment fees may not arise.
§6 Retention of Title
(1) Title to the goods shall remain vested in the supplier and shall not pass to the buyer until the payment has been made in full and received by the supplier.
§7 Defective Goods Liability & Warranty
(1) The supplier is liable for defective or faulty items (as defined under German Civil Code §§ 434 ff. BGB). For business partners this material defect liability is valid for 12 months.
(2) A warranty is only valid for the delivered goods that are explicitly mentioned in the order confirmation.
(1) Compensation claims of the customer are not valid. Exempted are compensation claims of the customers that include threat of life, the body or health or the breach of contract (“cardinal duties”) as well as liability and other damages that are due to intended or grossly negligent breach of duty of the supplier, his lawful representative or agent. Substantial contractual obligations are those that are necessary to fulfil the aims of the contract.
(2) In case of a simple gross negligence of substantial contractual obligations, the supplier is only liable for the contract-based, predictable damage. Excepted are claims that threatens life, the body or health.
(3) Limitations of section (1) and (2) are also valid for the lawful representative or agent of the supplier if these also apply directly to them.
(4) The liability according to the product safety act of intended fraudulent concealment of faults or when taking on guarantee of quality is not affected.
§9 Cancellation Policy for Consumers
Right of Cancellation
You have the right to withdraw from this contract within 14 days without reason. The 14 days start on the day when you or a third party have accepted the goods.
In order to exercise your right of cancellation, you need to inform us (The Theory Works, William Penney, Eibenstr. 11, 90513 Zirndorf, Germany, Email: firstname.lastname@example.org, Phone: +49 911 896 13 225) unambiguously about the cancellation of contract.
You can use the attached form but this is not mandatory. You can also get in touch via our website www.thetheoryworks.com and write us an email. If you are making use of this method, we will promptly confirm your cancellation (e.g. by email). In order to make use of the right of cancellation, it is sufficient to send us such notification before the deadline ends.
Consequences of the cancellation
In case of a cancellation of contract, we are obliged to return all payments, including shipping (with exception of additional costs which arise through another kind of shipment method than the cheapest option offered by us).
We will do so as soon as possible, but at most 14 days of the day we received your cancellation. We will use the same payment method you used unless we specifically agreed with you otherwise. There will be no charges for you for this transaction.
We may not return payments to you until we have received the goods or until you have proven to have shipped the goods, depending which method is quicker.
You must return the goods immediately, but latest within 14 days after informing us about your cancellation. You need to pay for the returning of the goods if the value of the goods are less than 40 Euros.
You will only be responsible for the loss of value of the goods when this loss of value is due to use, handling or wear beyond reasonably required for the assessment of the quality, properties and functionality of the product.
End of Cancellation Policy
If you want to cancel the purchase, please fill out this form and send it back to:
THE THEORY WORKS
Herrn William Penney
Telephone: +49(0)911 89613 225
2. I/we hereby cancel the purchase of the following purchased goods:
(name of goods, order number and price)
3. Ordered on: …………………….. (date)
4. Received on: ……………………. (date)
5. Your address:
6. Location, date: …………………………………………..
7. Signature of customer (only when cancellation is in writing)
This form can be downloaded in .pdf format here:
§10 Notification regarding Data Processing
(1) The supplier is gathering data during the processing of contracts. The supplier is committed to follow the laws of the German Federal Data Protection Policy and German Telemedia Policy. Without the customer’s consent, customer data will only be gathered, processed or used as long as this is necessary to fulfil the contract.
(2) The supplier will not use the data for marketing, advertising or marketing research purposes without the consent of the customer.
§11 Final Clause
(1) Contracts between the supplier and the customer are treated according to German law. For the customer this right applies as long as customer’s country of residence does not withdraw these rights.
The regulations of the UN Sale of Goods Law does not apply.
(2) In case the customer is a business/trade person, a civil servant or a corporation under public law the legal domicile / competent court of the business location of the supplier will be agreed upon. The same applies to people who do not have a legal domicile in Germany or people who have moved away from Germany or whose country/location of residence at the time of commencement of proceedings is unknown.
(3) The contract and these terms and conditions are also legally effective if other legal single parts of these terms and conditions are invalid.
Valid at: 13.06.2014