Our T&C and your right to revocation

T&C: Online Shop, Stadtwerke Weiden i. d. OPf. – Freizeitzentrum Weiden

2.1. The exclusive legal venue and place of performance is Weiden; the company is headquartered at the Stadtwerke Weiden i. d. OPf.

2.2. The laws of the Federal Republic of Germany - under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) - shall apply hereto.

Your order represents a proposal made to us for the conclusion of a purchase contract. When you submit an order, we will send you an e-mail (order confirmation) confirming our receipt of your order which indicates the order details. This order confirmation does not represent the acceptance of your proposal; instead, it should merely inform you that we have received your order.

A purchase contract  is only concluded when we confirm the delivery to you with a second e-mail (delivery confirmation). No purchase contract shall be concluded for any products not indicated in the delivery confirmation.

4.1. All items in our product line leave our premises for delivery throughout Germany within
4-5 business days. The start of the delivery period indicated by us requires prompt and proper fulfillment of the obligations on the part of the ordering party. The defense of the non-fulfilled contract remains reserved.

4.2. Unfortunately, deliveries abroad are not possible.

4.3. Delivery shall be made following receipt of payment.

4.4. The customer is required to correctly state the respective delivery and invoice address(es).

4.5. If a given item is not available in the short term, we will notify you by e-mail of the anticipated delivery period, insofar as you have submitted your e-mail address to us.

4.6. Insofar as (during the processing of your order) it is determined that the products you have ordered are unavailable, you will be notified of this in a separate e-mail. If the Online Shop operated the Stadtwerke Weiden i. d. OPf. - Freizeitzentrum Weiden is unable (at no fault of its own) to deliver the ordered goods - e.g. because a supplier does not fulfill its contractual obligations, the Stadtwerke Weiden i.d.OPf. are then entitled to withdraw from the contract concluded with  ordering party. In this case, the ordering party shall be immediately notified that the ordered product is unavailable.

4.7. Insofar as no agreement to the contrary is made, the order shall be delivered to the delivery address specified by the ordering party. Insofar as delivery to the ordering party is impossible because he/she is not present at the respectively indicated address although the ordering party was notified of the delivery period with reasonable notice, then the ordering party shall bear the costs for the unsuccessful delivery.

4.8. In the event of delays in delivery brought about, for instance, by force majeure, traffic disruptions and any other events for which we bear no responsibility, no damages compensation can be asserted against us.

6.1. All prices are final prices (incl. statutory VAT). The prices in the Online Shop t the time of the order shall apply hereto.

6.2. The payment (within Germany) of the order shall be made in the form of an advance wire transfer or via PayPal. When you select the payment method "Advance Wire Transfer", you will receive our bank data in the order confirmation e-mail. Please definitely include as the reason for transfer your name, your complete address and The order number on the wire transfer form so that we can locate your payment. When you select the payment method  PayPal, you will be forwarded to the SSL-encoded PayPal Website after concluding  your order. Here, please follow the input prompts to conclude your payment. As soon as the invoice amount is received by the account held by the Stadtwerke Weiden i.d. OPf., the ordered item(s) will be delivered.

6.3. Until payment has been  rendered in its entirety, the delivered items shall remain the property of the Stadtwerke Weiden i. d. OPf. - Freizeitzentrum Weiden (Retention of title according to §§ 158, 449 BGB).

6.4. If the ordering party falls into arrears, the Stadtwerke Weiden i.d.OPf. are entitled to charge penalty interest in the amount of 5 % in excess of the basic p.a. interest rate as announced by the European Central Bank. if the Stadtwerke Weiden i.d.OPf. proves that a higher damage amount was sustained due to delay, then the Stadtwerke Weiden i.d.OPf. reserve the right to assert this claim.

7.1 Right to revocation

You can revoke your contract statement within from 14 days without specifying reasons - in text form (e.g. letter, fax, e-mail) or - if the item is handed over to you prior to the elapse of the deadline - by way of returning the item. The return period begins upon receipt of this advice in text form (e.g. as a letter, fax, e-mail); however, not prior to the receipt of the goods by the addressee (in the event of the regular delivery of similar goods, not prior to the receipt of the first partial delivery), and also not prior to the fulfillment of the obligations to provide information in accordance with Items in the 246, § 2, associated with § 1 Section 1 and 2 EGBGB as well as with our obligations in accordance with § 312e Section 1, Clause 1 BGB, in association with items in the 246, § 3 EGBGB. Prompt sending of the goods or prompt statement of the revocation is sufficient to ensure compliance with the revocation  deadline.

The revocation must be addressed to:

Stadtwerke Weiden i. d. OPf.
Werkleitung (Plant Management): Mr. Johann Weiß
Gaswerkstraße 20, D-92637 Weiden

7.2 Consequences of revocation

In the event of an effective revocation,  the mutually received services must be returned and any respective benefits (e.g. interest) handed over. If you are unable to hand over to us the received service (either partially or entirely) or can only return to us the goods in a deteriorated condition, you may have to compensate us for the value of such goods. This does not apply if  the deterioration of the goods is solely attributable to their inspection as would have been possible for you on the shop premises. You are not required to compensate the value of any objects which have sustained deterioration as a result of proper use.

Items which can be sent as packages are to be returned at our own risk. You must bear the return costs if the delivered goods correspond to the ordered goods, and if the price of the item to be returned does not exceed an amount of 40 EUR - or, if the goods are higher-priced, you have not provided the service in kind or made a contractually-agreed partial payment. Otherwise, return delivery is free of charge to you. Items which cannot be sent as packages will be picked up at your address. Obligations to the reimbursement of payments must be fulfilled within 30 days. For you, the payment period begins with your sending of the goods or of your revocation; for us, this period begins upon receipt.

End of the advice on the right to revocation

You can return the received goods without specifying any reason within 14 days of receipt (by way of return). The return period begins upon receipt of this advice in text form (e.g. as a letter, fax, e-mail); however, not prior to the receipt of the goods by the addressee (in the event of the regular delivery of similar goods, not prior to the receipt of the first partial delivery), and also not prior to the fulfillment of the obligations to provide information in accordance with Items in the 246, § 2, associated with § 1 Section 1 and 2 EGBGB as well as with our obligations in accordance with § 312e Section 1, Clause 1 BGB, in association with items in the 246, § 3 EGBGB. Only for goods which cannot be sent as packages (e.g. bulky goods) can you state intent to return by demanding return by way of a statement in text form. Prompt sending of the goods or prompt statement of the demand for reclamation is sufficient to ensure deadline compliance. In any case, the return shall be made at our expense and on our own risk.

The return or the demand for reclamation must be addressed to:

Stadtwerke Weiden i.d.OPf.
Werkleitung (Plant Management): Mr. Johann Weiß
Gaswerkstraße 20, D-92637 Weiden

Consequences of return

In the event of an effective return, the mutually received services must be returned and any respective benefits (e.g. usage benefits) handed over. In the event of the deterioration of the goods, compensation of their value can be demanded. This does not apply if  the deterioration of the goods is solely attributable to their inspection as would have been possible for you on the shop premises. You are not required to compensate the value of any objects which have sustained deterioration as a result of proper use.

Obligations to the reimbursement of payments must be fulfilled within 30 days. For you, the payment period begins with the return of the goods or your request that we take the goods back; for us, this period begins upon receipt.

End of the advice on returns

9.1. Any claims related to the purchase contract  must be asserted within a month of placing the order, and directed to the Stadtwerke Weiden i.d.OPf. - "Freizeitzentrum Weiden/Weiden Recreation Center".

9.2. Offsetting and withholding:
The ordering party is only entitled to withhold payment if any counter-claims on his/her part have been determined by a final judgement or are not contested by the  Stadtwerke Weiden i.d.OPf.  The ordering party is only authorized to exercise a withholding right insofar as his/her counterclaim is based on the same contractual relationship.

9.3. Liability for defects
If the purchased item has a defect, then the respective statutory regulations shall apply. The cession of claims on the part of the ordering party is excluded.

If subsequent fulfilment has occurred via delivery of a replacement product, then the ordering party is obligated to return (within 30 days to the Stadtwerke Weiden i.d.OPf). the product initially sent - at the expense of the Stadtwerke Weiden i.d.OPf.

9.4. Statute of limitations:

The period for the statute of limitations amounts to twenty-four months as of delivery.

The placing of an order constitutes recognition of the T&C set forth by the  Online Shop.

If any provision of these T&C should be or become void for whatever reason - or contain a gap, this circumstance shall not affect the validity of the remaining provisions. Any oral agreements require written confirmation by the Seller.

Stadtwerke Weiden i.d.OPf.
- Freizeitzentrum Weiden -