Terms & Conditions
TERMS & CONDITIONS
- Scope of Application
- The following general terms and conditions regulate the contractual relationship between Jule Waibel Designs and the consumers and entrepreneurs (in the following called "buyer") who use the Internet offer of truworks GmbH .The terms and conditions concern the use on the website https://badchieff.myshopify.com, truworks.co, chieff.shop as well as all subdomains belonging to this domain. Throughout the site, the terms “we”, “us” and “our” refer to truworks GmbH. The version valid at the date of conclusion of the contract shall be authoritative. Contract language is German; translations into other languages are not legally binding.
- Consumers within the meaning of these terms and conditions are natural persons who conduct business transactions with truworks GmbH, yet to whom no commercial or self-employed profession can be ascribed. Contractors within the meaning of these terms and conditions are natural persons and legal entities or partnerships with legal capacity that enter into a business relationship with truworks GmbH in exercising their commercial or independent professional activity.
- Contract Conclusion
- The goods offered by truworks GmbH on the Internet represent a non-binding invitation to order goods from truworks GmbH.
- By placing an order for the desired goods on the Internet, the customer submits a binding offer to conclude a sales contract.
- truworks GmbH is entitled to accept the order by sending an order confirmation within one day. The order confirmation is transmitted via Email.
- Payment of goods shall be optionally made by in advance transfer or Paypal. We reserve the right to accept or exclude certain methods of payments in particular cases.
- By choosing advance payment, the customer shall be obliged to pay the purchase price immediately after contract conclusion. By paying via Paypal, the customer shall be obliged to pay the purchase price immediately after contract conclusion via Paypay transfer.
- If the customer is in default of payment, he is responsible for any negligence during that time. He will also be liable in the event of coincidence unless the damage would also have occurred if the service had been provided in time.
- Assertion of a further claim for damages is not excluded.
- Delivery is performed through the dispatch of the purchased item to the address provided by the customer. If advance payment has been agreed, the delivery period shall commence 2-3 week days upon receipt of the purchase price. Otherwise, the delivery period shall commence 2-3 week days after confirmation of order.
- The delivery will take place according to the specified packaging and shipping costs. For international shipments, unless otherwise specified, the price for shipping and handling will be charged separately based on weight.
- If the customer purchases the item for his commercial or professional activity, the risk of accidental loss or accidental deterioration shall be assigned to the customer as soon as Jule Waibel Designs has delivered the purchased item to the freight forwarder, the shipping agent or the person or agent designated to perform the shipment.
- The customer will have to bear the cost for return shipment in the event of revocation.
- Reservation of Title
The purchase item shall remain the property of truworks GmbH until it has been paid in full. Prior to the transfer of ownership, the purchase item may not be pledged, transferred by way of security, processed or changed without the express permission of truworks GmbH.
The price for the purchase item in the particular offer shall be regarded as the final price including any value-added tax and other price components. The price shall not include the costs for delivery and shipping.
- truworks GmbH shall be entitled to withdraw from the contract despite partial supply or partial performance if incorrect information about the purchaser's creditworthiness has been given or there are objective reasons relating to the purchaser's inability to pay, for example opening of insolvency proceedings against the assets of the purchaser or the rejection of such proceedings due to the lack of assets which cover the costs. Prior to withdrawal from the contract, the purchaser shall be given the opportunity to make an advance payment.
- Irrespective of any compensation claims, part performances already effected shall be invoiced and paid in accordance with the terms of the contract in the case of partial withdrawal.
- Warranty to consumers
- truworks GmbH shall provide a warranty to the effect that the purchase item was free of defects by the time of delivery. If it is discovered that the purchase item contains a material defect within six months after delivery, it shall be assumed that the purchase item was defective at the time of delivery, unless this assumption is incompatible with the nature of the purchase item or the defect. If the material defect only arises after a period of six months, the customer shall prove that the defect already existed when the purchase item was handed over.
- If the purchase item was defective at the time of delivery, the customer shall have the right of a delivery of a non-defective replacement item.
- If replacement delivery fails, the purchaser may choose, in principle, to either reduce the purchase price (reduction) or cancel the contract (withdrawal), and also demand compensation. The customer shall not be entitled to withdraw from the contract if the purchase item only contains minor defects.
- Warranty to companies
- If the purchase is a commercial transaction for truworks GmbH and the customer, the latter shall immediately inspect the supplied goods for quality and quantity deviations and inform truworks GmbH in writing about any discernible defects within a period of one week after receipt of the goods. Otherwise, the enforcement of the warranty claim shall be excluded. Hidden defects shall be notified to truworks GmbH in writing within a period of one week after they are discovered. Prompt dispatch of the purchase item shall be sufficient to comply with this period. In this case the full onus of proof for all claim conditions shall rest with the purchaser, especially for the defect itself, the time of discovery of the defect and the promptness of notification of the defect.
- In the case of defects, truworks GmbH shall give a warranty by either performing rework or providing a replacement purchase item.
- The customer's claims in connection with defects shall become statute-barred in one year.
- If truworks GmbH supplies a perfect purchase item for the purpose of replacement, truworks GmbH may request the customer to return the defective purchase item.
- Damage caused by improper or non-contractual actions by the customer during operation or storage shall constitute no grounds for claims against truworks GmbH.
- Liability Restriction
- Apart from damage caused by death, physical injury and harm to health, truworks GmbH shall only be liable if this damage is due to intentional or grossly negligent action or culpable infringement of an essential contractual obligation by truworks GmbH or its agents. An obligation shall be regarded as being essential to the contract if its fulfilment only actually allows the contract to be duly executed and on whose observance the customer can regularly rely. Any further liability for compensation shall be excluded. Claims from a warranty given by truworks GmbH for the condition of the purchase item and from the Product Liability Act shall not be affected.
- According to the latest state of the art, it cannot be guaranteed that data communication via the Internet will be free from errors and/or available at all times. We shall therefore accept no liability for availability of our online shop at all times.
- Choice of Law, Place of Jurisdiction
- Any disputes arising from this legal relationship shall be subject to the law of the Federal Republic of Germany. This choice of law shall only apply to consumers if the granted protection has not been withdrawn through compelling provisions of the law of the state in which the consumer has his/her usual place of residence. The UN Convention on the International Sale of Goods shall not apply.
- If the customer is a merchant, a legal person under public law or a special public asset, the sole place of jurisdiction for any disputes arising from this contract shall be the place of business of truworks GmbH. This provision shall also apply if the customer does not have a general place of jurisdiction in Germany or if his/her residence or usual place of residence is not known at the time the action is filed.
- Saving Clause
If one of the clauses of these General Terms and Conditions is or becomes invalid or unenforceable, the validity of the other clauses shall not be affected, unless one contracting party is put at such an unreasonable disadvantage through the invalidity of individual clauses that it can no longer be reasonably expected to adhere to the contract.
Berlin, September 25 ,2017
End of General Terms and Conditions
RIGHT OF WITHDRAWAL
1. Right of Revocation
You can revoke your contractual statement in writing within 14 days without stating reasons (e.g. by letter, fax or e-mail) or, if you received the product before the lapse of the above time limit, by sending it back. The time limit starts to run upon the receipt of this notice in writing, but not before the goods have reached the recipient (in the case of recurring deliveries of similar products not before you receive the first partial delivery). In order to meet the revocation deadline, it is sufficient to dispatch the revocation or goods in time. The revocation is to be directed at:
Reichenberger Strasse 107
2. Consequences of Revocation
In the case of an effective revocation, the mutually received performances must be returned and any derived profits (e.g. interest) must also be returned. If you cannot return to us the performance received, in part or in whole, or if you can only return it in worse condition, you are required to offer compensation of equal value. Transportable goods should be sent back at our risk. The product must also be in the original packaging.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, within a certain amount of days.
The customer will be responsible for paying for his own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
The obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you send your cancellation or the goods, and for us upon the receipt thereof.
3. Exclusion of the Right of Revocation
The right of cancellation shall not exist for distance selling contracts
- for the delivery of products which were manufactured according to customer’s specifications or which is clearly tailored to personal requirements or which is not suitable for return shipment due to its condition or which can quickly deteriorate or whose expiration date would expire,
- for the delivery of audio or video recordings or of software if the delivered data carriers were unsealed by the consumer, or
- for the delivery of newspapers, journals and magazines.
- gift cards
Berlin, September 25 ,2017
End of General Terms and Conditions