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General Terms and Conditions

By WINFORCE Europe GmbH, valid as of 1.8.2022

General terms and conditions of WINFORCE Europe GmbH, valid from 01.08.2022. Supplier:  WINFORCE Europe GmbH. Anbieter: WINFORCE Europe GmbH, Turmstraße 11, DE-78467 Konstanz. Commercial register court: Freiburg HRB 726396, Steuer-Nr. 09042/04341, USt.-ID Nr. DE3511780248, Tel.: +49 7531 58 47 538, e-mail: europe@winforce.com 

1. Scope of application
The following General Terms and Conditions apply to all business relations between WINFORCE Europe GmbH (“WINFORCE”) and the customer for business transactions conducted in the WEBSHOP by www.winforce.com. The version valid at the time of the conclusion of the contract is decisive in each case. These AGB apply exclusively. By placing an order, the customer agrees to these General Terms and Conditions and is bound by them. These General Terms and Conditions shall also apply to future orders of the customer, even if these are not expressly agreed again.

Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed.

Customers within the meaning of these General Terms and Conditions are consumers. Insofar as consumers are mentioned in these General Terms and Conditions, these are natural and legal persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or pre-professional activity, i.e. a transaction does not belong to the operation of their company.

2. Conclusion of contract
Orders and deliveries are only possible in the countries of the European Union. Customers who have not yet reached the age of 18 require the consent of their legal representative. These General Terms and Conditions do not apply to transactions in which the entrepreneur himself acts as a customer (e.g. he buys from another entrepreneur). In the case of conflicting GTCs, a partial dissent exists in case of doubt and therefore the conflicting provisions do not apply. In the then not valid cases the law is valid.  For an entrepreneur as customer own AGBs more favorable for you could be agreed upon

All offers by WINFORCE are non-binding; in particular, the presentation of the goods in the web shop of www.winforce.com does not constitute a binding offer by WINFORCE. Illustrations, drawings and data, in particular weight and dimension data, are only approximate values. The customer accepts minor and objectively justified changes.

The order is placed in the following steps: - Selection of the desired goods - Input of personal data for the order in the web shop (first name, surname, street, house number, postal code, city, country, e-mail address) on www.winforce.com - Display of pre-contractual information for consumers, unless they are already visible without this with the product. Choice of shipping method and method of payment (prepayment, Paypal) - Check the information in the shopping cart - Confirm by clicking the button "Order for a fee" - Re-check and, if necessary, correct the data entered. - Binding dispatch of the order.

By placing an order in the webshop, the customer bindingly declares his contractual offer to conclude a purchase contract for the goods contained in the shopping basket. By submitting the order, the customer acknowledges the pre-contractual information for consumers and the General Terms and Conditions as being solely authoritative for the legal relationship with WINFORCE.

WINFORCE or WINFORCE AG shall confirm receipt of the customer's order without delay. This confirmation serves the customer only as proof of successful receipt of the order and does not constitute acceptance of the order. The confirmation of receipt shall only constitute a declaration of acceptance if WINFORCE expressly declares this in writing.

WINFORCE shall be entitled to accept the contractual offer contained in the order within three working days of receipt by WINFORCE. This acceptance is made by sending a written order confirmation.

If WINFORCE does not send an order confirmation to the customer within the above-mentioned deadlines, the customer's commitment period has expired and the purchase contract has not been concluded.

WINFORCE is entitled to refuse acceptance of the order.

The text of the contract shall be stored by WINFORCE.

3. Consumer revocation policy 

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods. In the case of a contract for several goods ordered in a single order but delivered separately or ordered and delivered together in several orders, from the date on which you or a third party other than the carrier designated by you took possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (WINFORCE Europe GmbH, Turmstraße 11, DE-78467 Konstanz) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post).

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.  

ii) you must return or hand over the goods to us immediately and in any case no later than fourteen days after the day on which you notify us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.

You bear the cost of returning the goods. They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary to check their condition, properties and functionality.

The right of withdrawal does not apply to the delivery of goods which are manufactured according to customer specifications or clearly tailored to personal needs.

Revocation: e-mail to europe@winforce.com 

4. Withdrawal from the contract

WINFORCE shall be entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment.

5. Prices and terms of payment

The offered prices are daily prices and are valid until revoked. Price quotations are subject to change without notice; the statutory value added tax is included in the price.

Costs for packaging and dispatch shall be invoiced separately in the form of a lump sum and shown as a separate item in the order. These shall be deemed approved by the customer with the order in terms of content and amount. The prices valid at the time of the order are always authoritative.

All prices are only valid for shipping within Germany and the EU.

The customer can pay the price in advance or by other forms of payment offered in the online shop. WINFORCE reserves the right to exclude individual payment methods. 

The order process is completed only with the complete payment (paypal, prepayment).

6. Delivery

WINFORCE is entitled to make partial deliveries.

Delivery dates and delivery periods stated with the product are non-binding. If we exceed these, the customer may set a reasonable period of grace in writing of at least the duration of the originally stated delivery period and may withdraw from the contract if this period is exceeded.

The occurrence of events for which WINFORCE is not responsible, such as force majeure, strike, lockout, loss of production at suppliers or the like, shall inhibit the expiry of delivery periods for the duration of such events. If delivery becomes impossible or unreasonable for WINFORCE as a result of the aforementioned circumstances, WINFORCE shall be released from its delivery obligation in the sense of an amicable dissolution of the contract, without the customer being able to derive any claims against WINFORCE from this, regardless of the legal basis. WINFORCE shall inform the customer thereof without delay.

If the delay in delivery lasts longer than 2 weeks, the customer is entitled to withdraw from the contract. In this case, the customer is not entitled to any claims for damages, except in the case of intent and gross negligence on the part of WINFORCE, or other claims.

7. Transfer of risk
The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the time the goods are handed over to the customer, but in the case of a sale by delivery to a place other than the place of performance, the risk shall not pass to the customer until the goods are handed over to the customer or to a third party designated by the customer and other than the carrier.

The handover shall be deemed equivalent if the customer is in default of acceptance.

8. Warranty

WINFORCE warrants within the framework of the statutory provisions.

WINFORCE does not give any guarantee in the legal sense to the customer. Manufacturer guarantees remain unaffected by this.

9. Limitations of liability

Claims for damages shall be limited to damages caused intentionally or by gross negligence on the part of WINFORCE. Claims for damages in case of slight negligence are excluded.

The exclusion of liability does not apply to claims arising from the Product Liability Act. Furthermore, the exclusion of liability does not apply to damages attributable to WINFORCE arising from injury to body or health or loss of life of the customer.

WINFORCE is not liable for content on the website of the online shop winforce.com

10. Data protection, copyright, change of address

The customer agrees that WINFORCE may store and electronically process data provided electronically by the customer for the purpose of processing the contract. The customer acknowledges that the necessary payment data will be forwarded to the respective payment service provider selected by the customer. The customer is made aware that this consent can be revoked at any time.

Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like shall always remain the intellectual property of WINFORCE; the customer shall not be granted any rights to use or exploit the work.

The customer is obliged to notify WINFORCE of any changes to his residential or business address as long as the legal transaction covered by the contract is not completely fulfilled by both parties. If the notification is omitted, declarations shall also be deemed to have been received if they are sent to the last known address.

11. Final clause
Place of fulfillment is the registered office of WINFORCE.

The contract language shall be German.

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Declaration on the duty to inform (Privacy Policy)
The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the statutory provisions (DSGVO, TKG 2003). In this data protection information we inform you about the most important aspects of data processing within the framework of our website.

Contact us
If you contact us by e-mail, your data will be stored by us for six months for the purpose of processing your inquiry and in the event of follow-up questions. These data will not be passed on without your consent.

Data storage
We would like to point out that WINFORCE will store data such as the name, address and e-mail address of the purchaser for the purpose of simplifying the purchasing process and later processing the contract.

In addition, the following data will also be stored by us for the purpose of processing the contract: Name, address and e-mail address. The data provided by you is necessary for the fulfilment of the contract or for the implementation of pre-contractual measures. Without these data we cannot conclude the contract with you. A data transfer to third parties does not take place, with the exception of the transfer to the transport company / shipping company commissioned by us to deliver the goods and to our tax consultant to fulfill our tax obligations.

The data stored by us will be deleted after the purchase process has been interrupted. If a contract is concluded, all data from the contractual relationship will be stored until the end of the tax retention period (7 years).

The data name, address, purchased goods and date of purchase are stored beyond that going up to the expiration of the product liability.  Data processing is carried out on the basis of the legal provisions of § 96 Para. 3 TKG and Art. 6 Para. 1 lit a (consent) and/or lit b (necessary for contract fulfilment) of the DSGVO. 

Your rights
In principle, you are entitled to the rights to information, correction, deletion, restriction, data transferability, revocation and objection. If you believe that the processing of your data violates the data protection law or your data protection claims have otherwise been violated in any way, you can complain to the supervisory authority. In Germany, this is the data protection authority.

You can reach us under the following contact details: WINFORCE Europe GmbH, Stefanie Gugolz, Tel. +49 7531 58 47 538 info@winforce.com

12. Alternative dispute Resolution
The EU Comission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odrThis  platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. 

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