1.1 The present general terms and conditions (GTC) apply to all contracts concluded between you and us, Wendel Minerals, Inhaber Wolfgang Wendel, Gewerbestrasse 10, 77731 Willstätt-Eckartsweier,  via this online shop, unless nothing else has been expressly agreed in writing. 

1.2 We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.

2.1 In our online shop you may order goods or services as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account with your e-mail address and your password before or during the order process. You will not be obliged to buy any of the goods offered by us only due to your registration. For information on the processing of your data, please read our data protection information, which you can find under the following link [. . . . . .]. During your application for registration, you choose a personal user name and a password. You are obliged to keep the password secret and not to disclose it to third parties, i. e. persons outside of your company or persons in your company who do not have power of representation.

2.2 You may delete your registration under „My account“ at all times. If your personal information changes, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in.

3.1 The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

3.2 By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
3.3 The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at all time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 3.2 of these GTC.
 

You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of revocation by e-mail upon acceptance of the contract offer together or together with the notification thereof this. We do not store the contractual provisions for you.

6.1 All prices stated on the website include the applicable statutory sales tax

6.2 The purchase price is due immediately after placing the order. The payment of the goods can be made:  via credit card, via bank transfer or via our payment provider

We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.

As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

INFORMATION ON THE RIGHT OF WITHDRAWAL

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 

To exercise the right of withdrawal, you must inform us

Wendel Minerals  
Inhaber Wolfgang Wendel 
Gewerbestrasse 10 
77731 Willstätt-Eckartsweier    
Telefon: +49 - 7854 – 9898355
E-Mail: info@wendel-minerals.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to sent your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. 

We will bear the costs of returning the goods /You will have to bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract) 
To 
Wendel Minerals  
Inhaber Wolfgang Wendel 
Gewerbestrasse 10 
77731 Willstätt-Eckartsweier    
E-Mail: info@wendel-minerals.com

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers:
______________________________________________________

ordered on (*)/received on (*)
______________________________________________________

name of consumer(s);
______________________________________________________

address of consumer(s);
______________________________________________________

signature of consumer(s) (only if this form is notified on paper)
______________________________________________________

date
______________________________________________________
(*) complete as appropriate
 

9.1 The goods shall remain our property until full payment.

9.2 You are entitled to resell the goods under retention of title. However, you may not pledge the reserved goods or assign them by way of security. In this case, you already transfer all claims resulting from this resale to us in the amount of the invoice value, regardless if this resale takes place before or after a possible processing of the goods delivered under retention of title. We accept this assignment. Notwithstanding our authority to collect the claim ourselves, you remain entitled to collect the claim even after the transfer. In this context, we undertake not to collect the claim ourselves as long and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets exists and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities on your request at our discretion.
 

10.1 If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
10.2 The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.
10.3 Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.

11.1 We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

11.2 The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
 

12.1 The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) your abode is in Germany, or
(b) your abode is situated in a state not being member of the European Union.

12.2 In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
 

13.1 For customers who are not consumers or who do not have a general place of jurisdiction in Germany, or who moved their usual residence to a country other than Germany after signing the contract, or whose usual residence is unknown at the time at which the action is brought, the place of jurisdiction for all disputes that occur as a result of or in connection with these terms and conditions shall be the seat of our company in Willstätt-Eckartsweier.  

13.2 The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/.

13.3 We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).