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Terms and Conditions

General Terms and Conditions (GTC) for Services and Work Performance

General Terms and Conditions (GTC) for Services and Work Performance


§ 1 Application of the General Terms and Conditions

 

  1. The General Terms and Conditions (GTC) accepted by both contracting parties govern the terms and conditions between Weinbrenner Industry GmbH, represented by its managing director Michael Matthias Weinbrenner, Im Weidboden 2 a, 57629 Norken, telephone: 02661 9175909, email: Michael@Weinbrennerindustry.de, hereinafter referred to as "Contractor" and the client, hereinafter referred to as "Client," as a service contract within the meaning of §§ 611 ff. BGB (German Civil Code) or as a contract for work within the meaning of §§ 631 ff. BGB, unless otherwise agreed in writing between the contracting parties.
  2. The contractor offers various services and work for booking. These include, in particular, repairs, maintenance, servicing, and conversion work.
  3. The subject matter of the contract may be either the provision of an agreed service (service contract) or the completion of a specific work (contract for work). The contracted services shall be deemed to have been rendered once the necessary services have been performed and any questions that may have arisen have been dealt with, or once the client has accepted the work. In its own interest, the client undertakes to provide all relevant information truthfully and in full.
  4. These General Terms and Conditions apply both to companies pursuant to § 14 BGB (German Civil Code) and to consumers pursuant to § 13 BGB.
  5. Deviating, conflicting, or supplementary general terms and conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing by the contractor.



 § 2 Conclusion of contract

 

  1. The client books a corresponding service or work with the contractor. The contractor accepts this booking by issuing a booking confirmation. A booking can be made by email, telephone, or via the contractor's website.
  2. In any case, the contract shall only come into effect once the contractor has confirmed the client's booking. The client's booking is binding. The client shall receive the terms of payment and the contractor's services together with the booking confirmation.
  3. The contractor's offers are subject to change. Acceptance, additions, amendments, and subsidiary agreements require written confirmation by the contractor.
  4. The contractor is entitled to refuse a service or work contract without giving reasons, e.g. if the contractor cannot or is not permitted to perform the service due to its specialization or for legal reasons. In this case, the contractor's fee claim for the services rendered up to the point of refusal of the service or work remains valid.
  5. The offer specifies the specific service content, the obligations of the parties, and the terms of delivery and payment ("service description"). Any subsequent changes are not part of the service and will be charged separately if necessary.
  6. The services offered may be one-time services and/or services to be provided regularly within a fixed term.
 
 

§ 3 Content and execution of the contract

 

  1. The contractor shall fulfill its contractual obligations to the client by applying its knowledge and skills in the above-mentioned areas. A subjectively expected success on the part of the client cannot be promised or guaranteed in the case of services.
  2. The agreed work performance must be accepted by the client upon completion. In all other respects, § 640 BGB (German Civil Code) applies.
  3. The client undertakes to use the information materials, reports, and analyses created by the contractor within the scope of the service or work performance solely for its own purposes. The client receives the exclusive and non-transferable right of use thereto. All documents and tables are either personal and cannot be used by third parties or have been created individually for the client by the contractor.
  4. All of the contractor's documents are protected by copyright. This applies to both content on the contractor's website and other documents. The client is not entitled to reproduce, distribute, or publicly reproduce such documents. The client is also not entitled to make image, film, or sound recordings of the methods of service or work performance without the express permission of the contractor.
  5. The contractor is entitled to postpone the performance of a service or work if he or a third party, a service provider engaged by him, is prevented from doing so, e.g. due to riots, strike, lockout, natural disasters, severe weather, traffic obstruction, or illness, which prevent the contractor, through no fault of its own, from performing the service or work on the agreed date. In this case, the client shall not be entitled to claim damages.
  6. The contractor is entitled to make adjustments to the content or the process of the service or work performance for technical reasons, for example if there is a need to update or further develop the content, provided that this does not result in any significant change to the content and the change is reasonable for the client.
  7. The contractor is not required to perform the service or work themselves. They are entitled, at their discretion, to assign the performance of the service or work to third parties, e.g. subcontractors.
  8. No liability is assumed for the accuracy of technical data and other information contained in third-party documents and brochures. Furthermore, they do not constitute warranted characteristics within the meaning of the German Civil Code (BGB).
  9. The illustration and description of the services on the contractor's website are for illustrative purposes only and are approximate. No guarantee is given for complete compliance.
  10. The client has obligations to cooperate insofar as this is necessary for the proper performance of the services or work. The exact obligations and requirements are specified in the individual contracts.


 

§ 4 Client's obligations to cooperate

 

 

  1. The client undertakes to provide all necessary cooperation required for the proper performance of the repair, installation, or maintenance services. This includes, in particular, the provision of all relevant information, documents, and, if necessary, access authorizations.
  2. The client shall ensure that the place of work is freely accessible for the provision of services and that the necessary power connections, lighting, and, if applicable, other technical equipment are available and in perfect working order. The client is responsible for ensuring that the working environment is safe and complies with the applicable occupational health and safety regulations.
  3. If it is necessary for certain preparatory work to be carried out by the client or by third parties commissioned by the client, the client must complete this work in a timely and proper manner so that the contractor's work can be carried out without delay. The client shall inform the contractor immediately upon completion of such preparatory work.
  4. The client is obliged to be present during the execution of the work or to be represented by an authorized person in order to be immediately available in case of queries or necessary decisions.
  5. Delays or additional expenses arising from a breach of the client's obligations to cooperate shall be borne by the client. In such cases, the contractor reserves the right to charge the client for any additional costs incurred as a result of the delays or additional expenses.
  6. The client must immediately inform the contractor of any circumstances that could hinder or delay the provision of services. This applies in particular to unforeseeable events or changes in the working environment.
  7. If the client fails to fulfill its obligations to cooperate and this prevents the performance of the services, the contractor shall be entitled to withdraw from the contract and to invoice the client for the expenses incurred. Further claims of the contractor shall remain unaffected.

 
 

§ 5 Payment

 

  1. Payment shall be made directly by the client to the contractor immediately after completion of the service or acceptance of the services rendered, using the means of payment specified in the invoice. Payment is due immediately upon booking and receipt of the invoice by email. Unless otherwise agreed, payment is due immediately upon invoicing.
  2. All prices listed on the website or in the contractor's offer are gross prices including VAT.
  3. All prices for services can be found in our Terms of Service.
  4. The client shall be in default if the payment deadline stated on the invoice or agreed upon is not met. In the event of default, the contractor is entitled to charge default interest, reminder fees, and a flat-rate default fee in accordance with Sections 288 I, II of the German Civil Code (BGB). Furthermore, the contractor reserves the right to suspend regularly performed services in the event of default without losing the right to the agreed consideration from the client.
  5. The contractor reserves the right to increase the prices agreed in the service description for services appropriately after the agreed term has expired. An increase is possible for the first time after the initial contract term has expired.
 
 

§ 6 Term and termination

  1. The term of the contract is specified in the respective contract. If the contract involves the one-time provision of a service or work, this is noted in the contract and the following paragraphs of § 6 do not apply.
  2. Ordinary termination of the contract must be notified to the contractual partner in writing at least one month before the end of the respective contract term.
  3. The right to extraordinary termination remains unaffected.
  4. If the contractual relationship is not terminated one month before the end of the respective term, it shall always be extended by a further month if the client is a consumer. In the case of entrepreneurs, the contractual relationship shall always be extended by the original term.
  5. After the end of the regular term, the notice period is one month until the end of the extended term. Notice of termination must also be given in writing.
  6. Cancellations of current orders require the written consent of both contracting parties. The contractor may demand reasonable compensation for services already rendered or costs incurred.


 

§ 7 Property rights

  1. All rights to the results of the services or work performed by the contractor for the client in connection with the activity, in particular all copyrights, all design rights, all trademark and label rights, and other intellectual property rights (including all stages of development), are exclusively and unrestrictedly reserved by the contractor.
  2. The client hereby transfers to the contractor, at the time the results are created, the exclusive rights of use, unrestricted in terms of time, space, and content.
  3. The contractor retains permanent rights to its logo and trademark. The client may not use the contractor's trademark and logo without the contractor's consent.
  4. The intellectual property rights, copyrights, and ancillary copyrights to project-specific adaptations and developments remain with the contractor, unless expressly agreed otherwise. The client only acquires the right to use them to the agreed extent.
 
 

§ 8 Confidentiality

 

  1. The parties shall treat all business secrets and other information designated as confidential by the other party (hereinafter referred to as "confidential information") as confidential. The receiving party ("recipient") shall treat the confidential information with the same care as it treats its own confidential information of the same sensitivity, but at least with the care of a prudent businessman.

  2. The use of confidential information is limited to use in connection with this agreement. The disclosure of confidential information to third parties is not permitted without the prior consent of the disclosing party. Consent must be given in writing. Affiliated companies of the parties and advisors who are bound by law to maintain confidentiality are not considered third parties within the meaning of this paragraph.

  3. To the extent required by applicable legal obligations, the recipient is also entitled to disclose and pass on confidential information. Where legally permissible, the recipient will inform the disclosing party prior to disclosing confidential information.

  4. The parties shall require their employees or third parties to whom they disclose confidential information to treat such information as confidential within the framework of the respective subcontractor and employment relationships, with the proviso that the confidentiality obligation shall continue to apply even after the end of the respective subcontractor or employment relationship, unless a corresponding general obligation to maintain confidentiality already exists.

  5. Information that is exempt from the confidentiality obligation includes information that

    a)was already generally known at the timethe agreement was concluded or subsequently becomes generally known without violating the confidentiality obligations contained in this agreement;
    b)was developed by the recipient independently of this agreement; or
    c)    was received by the recipient from third parties or outside this agreement from the disclosing party without any confidentiality obligation. The burden of proving the existence of the exceptions referred to in this paragraph shall lie with the party invoking the exception.

  6. Upon termination of this Agreement, the parties shall, upon request by the other party, surrender or delete any confidential information of the other party in their possession. This does not apply to confidential information that is subject to a longer statutory retention period or to data backups made as part of normal backup processes.

  7. The contractor is entitled to use empirical knowledge, such as ideas, concepts, methods, and know-how, which is developed or disclosed in the course of the contract's execution and stored in the memory of the persons employed to perform the services. This does not apply if it infringes on the client's industrial property rights or copyrights. The obligation to maintain confidentiality remains unaffected by this.


§ 9 Warranty and Liability

  1. The contractor shall perform its services with due care and to the best of its knowledge and belief. However, no specific result is owed unless expressly agreed otherwise in writing.
  2. If the service provided is defective, the client shall set the contractor a reasonable deadline for subsequent performance. The contractor is entitled, at its discretion, to remedy the defect or to provide the service again.
  3. If the subsequent performance fails, the client may reduce the price or—in the case of significant defects—withdraw from the contract.
  4. The contractor guarantees that the work is free from material defects that negate or reduce its value or suitability for normal use or use as specified in the contract.
  5. The client must inspect the work for any defects immediately after acceptance and notify the contractor of these in writing. Obvious defects must be reported in writing within two weeks of acceptance, hidden defects within two weeks of discovery. Otherwise, the work shall be deemed to have been accepted as free of defects.
  6. In the event of justified complaints, the contractor is obliged to provide subsequent performance. The contractor has the right, at its discretion, to remedy the defect or to create a new work.
  7. If the subsequent performance fails, the client may reduce the price or—in the case of significant defects—withdraw from the contract.
  8. The contractor shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees shall be independent of the degree of fault.
  9. The contractor shall only be liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb, or health, or for breach of material contractual obligations. However, claims for damages for slightly negligent breaches of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies due to injury to life, limb, or health or in accordance with the provisions of the Product Liability Act.
  10. Any further liability for damages is excluded. The liability under the preceding paragraphs also applies to breaches of duty by the contractor's vicarious agents.
  11. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
  12. If the client is an entrepreneur, in addition to the previous paragraphs, claims for damages due to slight negligence are excluded, unless they relate to essential contractual obligations, damage resulting from injury to life, limb, or health, or guarantees, or claims under the Product Liability Act are affected.
  13. In the event of data loss, the contractor shall only be liable for damage that would also have occurred if the client had carried out proper and regular data backups commensurate with the risk.
  14. Unless expressly agreed otherwise, claims by the client arising from warranty and damages, with the exception of claims arising from tort, shall become time-barred within the statutory limitation period.

 
 

§ 10 Data protection

 

  1. The parties shall comply with the data protection laws applicable to them.
  2. If and to the extent that the contractor processes personal data of the client on behalf of the client within the scope of the provision of services, the parties shall conclude a standard market agreement on the processing of data on behalf of the client in accordance with Art. 28 GDPR before the start of processing.
  3. The client agrees that the contractor may process and store the data necessary for the provision of services. Data will only be passed on to third parties with the express consent of the client or on the basis of legal obligations.
  4. The contractor's separate data protection provisions, which can be found at the following link, also apply: https://weinbrennerindustry.de/datenschutzerklaerung/
 
 
 

§ 11 Right of withdrawal

 

  1. With regard to the right of withdrawal, the contractor refers consumers to the following withdrawal policy.
  2. If the client is an entrepreneur, the right of withdrawal is excluded.

Cancellation policy

Cancellation policy according to EGBGB Annex 1 to Art. 246a § 1 (2) sentence 2. Reference: Federal Law Gazette I 2013, 3642–3670

 

CANCELLATION POLICY

 

right of withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us, Weinbrenner Industry GmbH, represented by the managing director Michael Matthias Weinbrenner, Im Weidboden 2 a, 57629 Norken, telephone: 02661 9175909, email: Michael@Weinbrennerindustry.de, by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you inform us of your decision to exercise your right of withdrawal from this contract, compared to the total scope of the services provided for in the contract.

 

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To Weinbrenner Industry GmbH, represented by managing director Michael Matthias Weinbrenner, Im Weidboden 2 a, 57629 Norken, phone: +49 (0)2661 9175909, email: Michael@Weinbrennerindustry.de:

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notifications)

– Date

(*) Delete as appropriate.

 

 

§ 12 Final provisions

 

  1. The contractor is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
  2. Should individual provisions of the General Terms and Conditions or the respective contract be or become invalid or void, this shall not affect the validity of the General Terms and Conditions or the contract as a whole. Rather, the invalid or void provision shall be replaced by a provision that comes closest to the purpose of the contract or the intention of the parties.
  3. The law of the Federal Republic of Germany applies.
  4. Amendments and additions to the General Terms and Conditions or the service contract must be made in writing to be effective. There are no verbal side agreements.
  5. If the client is a merchant, the place of jurisdiction shall be the registered office of the contractor. In all other respects, the statutory provisions shall apply.

General Terms and Conditions (GTC) for the sale of goods

General Terms and Conditions (GTC) for the sale of goods

§ 1 Scope of application

  1. These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to all contracts concluded via our online shop between us, Weinbrenner Industry GmbH, represented by the managing director Michael Matthias Weinbrenner, Im Weidboden 2 a, 57629 Norken, telephone: 02661 9175909, email: Michael@Weinbrennerindustry.de, (hereinafter referred to as "Seller" or "we") and you as our customer (hereinafter referred to as "Customer" or "you"). The version of the GTC valid at the time of conclusion of the contract shall be decisive.
  2.  We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
  3. The General Terms and Conditions apply both to consumers pursuant to Section 13 of the German Civil Code (BGB) and to entrepreneurs pursuant to Section 14 of the German Civil Code (BGB).
  4. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or self-employed professional activity.

§ 2 Conclusion of contract

  1. The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.
  2. You can select products from our range, in particular used and new machines and spare parts, and collect them in a so-called shopping cart by clicking on the "Add to cart" button. By clicking on the "Place order" button, you are submitting a binding request to purchase the goods in your shopping cart. You can change and view the data at any time before submitting your order. However, the request can only be submitted and transmitted if you have accepted these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button and thereby included them in your request.
  3. We will then send you an automatic confirmation of receipt by email, which will list your order again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the request. The contract is only concluded when we send a declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send you the contract text (consisting of the order, terms and conditions, and order confirmation) on a permanent data carrier (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
  4. The contract shall be concluded in German.

§ 3 Delivery terms

  1. We are entitled to make partial deliveries, provided this is reasonable for you.
  2. The delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchases on account). If no delivery time or a different delivery time is specified for the respective goods in our online shop, the delivery time is 3 days.
  3. If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded.
  4. If the product you have specified in your order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

§ 4 Prices and shipping costs

  1. All prices quoted in our online shop are final prices and include statutory sales tax. They do not include any applicable shipping costs.
  2. The shipping costs are specified in our price information in our online shop. The price, including sales tax and any shipping costs, is also displayed in the order form before you submit your order.
  3. If we fulfill your order in partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
  4. If you effectively revoke your contractual declaration, you may demand reimbursement of any shipping costs already paid (outbound shipping costs) under the statutory conditions.
  5. The goods will be shipped by mail. If you are a consumer, we bear the shipping risk.
  6. In the event of withdrawal from the purchase, you shall bear the direct costs of returning the goods.

§ 5 Terms of payment

  1. You can pay in our online shop by bank transfer or PayPal.
  2. You can change the payment method stored in your user account at any time.
  3. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, you will be in default if you miss the deadline. In this case, you shall pay us default interest for the year at a rate of 5 percentage points above the base rate if you placed the order as a consumer and at a rate of 9 percentage points above the base rate if you placed the order as a business.
  4. The obligation to pay default interest does not exclude us from asserting further claims for damages caused by default.

§ 6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 7 Warranty

  1. We are liable for material defects or defects of title in delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). The limitation period for statutory claims for defects is two years for new goods and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for new goods delivered by us is 12 months. For used goods, the warranty period is limited to one year for consumers; it is excluded for entrepreneurs.
  2. Any seller warranties provided by us for certain items or manufacturer warranties provided by the manufacturers of certain items are in addition to the claims for material defects or defects of title within the meaning of paragraph (1). Details of the scope of such warranties can be found in the warranty conditions that may accompany the items.

§ 8 Liability

  1. Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
  2. In the event of a breach of essential contractual obligations, the seller shall only be liable for foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb, or health.
  3. The limitations in paragraphs (1) and (2) shall also apply in favor of the seller's legal representatives and vicarious agents if claims are asserted directly against them.
  4. The limitations of liability resulting from paragraphs (1) and (2) shall not apply if the seller has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same shall apply if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

§ 9 Data protection

Detailed information on data protection at our company, in particular on the scope of the processing of your data and your legal rights, can be found in our privacy policy at:https://weinbrennerindustry.de/datenschutzerklaerung/

§ 10 Copyrights

We hold the copyrights to all images, films, and texts published in our online shop. Use of the images, films, and texts is not permitted without our express consent.

§ 11 Statutory right of withdrawal for consumers

Cancellation policy

Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us, Weinbrenner Industry GmbH, represented by the managing director Michael Matthias Weinbrenner, Im Weidboden 2 a, 57629 Norken, telephone: 02661 9175909, email: Michael@Weinbrennerindustry.de, by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties, and functionality.

The right of withdrawal does not apply to the following contracts:

  • Contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
  • Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
  • Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
  • Contracts for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery.
  • Contracts for the delivery of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on market fluctuations over which the entrepreneur has no influence.
  • Contracts for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery.
  • Contracts for the delivery of newspapers, magazines, or illustrated magazines, with the exception of subscription contracts.
  • Contracts for the delivery of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.

Sample withdrawal form:

(If you wish to withdraw from the contract, please fill out this form and return it.)

To Weinbrenner Industry GmbH, represented by managing director Michael Matthias Weinbrenner, Im Weidboden 2 a, 57629 Norken, telephone: 02661 9175909, email: Michael@Weinbrennerindustry.de
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper notifications)
– Date

(*) Delete as appropriate.


§ 12 Applicable law and place of jurisdiction

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
  2. If you are a merchant and have your registered office in Germany at the time of placing the order, the exclusive place of jurisdiction is the seller's registered office. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
  3. Even if individual provisions of this contract are legally invalid, the remaining provisions shall remain binding. The invalid provisions shall be replaced by the relevant statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.
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