Our T&C and your right to revocation

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

1. General information 

All services provided to customers by the online shop operated by the Stadtwerke Weiden i. d. OPf. (Freizeitzentrum Weiden) are performed solely based on the following General Terms and Conditions of Business (T&C). Deviating stipulations shall only be deemed valid if  they have been agreed upon in advance in writing between the public utility company Stadtwerken Weiden i.d.OPf. - the recreation center Freizeitzentrum Weiden and the customer.

2. Legal venue and applicable law 

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. 

3. Contract conclusion

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. Delivery 

4.1. All items leave our premises for delivery throughout Germany within 4-5 business days. The beginning of the delivery period as indicated by us requires the prompt and proper fulfilment of the obligations on the part of the buyer. 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. 

5. Packaging and shipping charges  

For deliveries of our items, we charge a postage and processing fee of 2.50 EUR. The delivery of the coupons shall be made by mail. Unfortunately, there are no express deliveries available. 

6. Payment 

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. Exclusion of claims, statute of limitations, prohibition of cession

7.1. 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". 

7.2. 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. 

7.3. 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. 

7.4. Statute of limitations: 

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

8. Data protection

The data transferred by you shall be used by us exclusively for transacting your order. All of your data shall be treated by us with strict confidentiality. Transmission of such data to third parties (e.g. postal/parcel services) shall only occur as far as necessary to transact your order. We assume no liability for your order data and/or for data security during the transfer via the Internet (e.g. due to a technical error on the part of the provider) or for any illicit access by third parties to files created for our Internet presence. 

9. Copyright 

All represented logos, images and graphics are subject to the copyright held by the respective licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages which have been developed or processed by us may not be copied or used elsewhere without our permission. All rights reserved. 

10. Miscellaneous 

The product line in our Online Shop is changed occasionally. We reserve the right to make price changes to individual items. No damages compensation can be asserted against us for items which are no longer available. Any lost or stolen items will not be replaced. 

11. Validity of the T&C 

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 - 

The public utility company Stadtwerke Weiden i.d.OPf., AöR
Gaswerkstraße 20, 92637 Weiden 
www.stadtwerke-weiden.de 
Telephone: 0961-6713-0
Fax: 0961-6713-870 

Represented by the Plant Management Board at the Stadtwerke Weiden i.d.OPf.
Trade registry: Amtsgericht (District Court) Weiden, HRA No. 1831 
 VAT ID no.: DE 283778407 - 255/114/40109

12. Advice of the right to revocation

12.1 Right to revocation 

You are entitled to withdraw from this contract within fourteen days without stating any reasons.
The withdrawal period shall be fourteen days from the day on which you or one of the third parties designated by you, who is not the carrier, takes possession of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of making a clear declaration thereof (Kommunalunternehmen Stadtwerke Weiden i.d.OPf., Gaswerkstraße 20, 92637 Weiden, fax: 0961 67 13 870, e-mail:  service@stadtwerke-weiden.de) (e.g. a letter sent by mail, telefax or e-mail). For this purpose, you can use the enclosed Sample Withdrawal Form, however, this shall not be required.
In order to uphold the withdrawal deadline, it is sufficient to send a message informing the application of the right of withdrawal before the with withdrawal deadline expires.

12.2 Implications of withdrawal:

If you withdraw from this contract, within a period of fourteen days at the latest from the day that we receive the information regarding your withdrawal from this contract, we shall be obligated to pay back all payments that we have received by you without undue delay (with the exception of additional costs that may occur if you have chosen a different method of delivery than what the standard delivery provided by us as being the least expensive). For this refund, we use the same method of payment that you used when making the initial transaction provided that no other agreement had been expressively made. No fees shall apply due to this refund in any case. We are entitled to deny the refund until we have received the goods again or until you have provided proof that you have sent the goods back depending on which even occurs first.

You shall be obligated to hand over or send back the goods without undue delay and, in any case, within a period of fourteen days from the day that you have informed us of the withdrawal from this contract. The deadline is ensured if you send the goods before expiration of the deadline of fourteen days. You shall bear the direct costs of sending back the goods. You only have to compensate for a possible depreciation of the goods if this depreciation is not attributed to faulty handling on your part subject to an inspection of its appearance, properties and functionality.