1. Designation

CWS Hygiene Deutschland GmbH & Co. KG is hereinafter referred to as the provider and the purchaser as the customer. The online shop is exclusively a B2B online shop. It is aimed exclusively at entrepreneurs. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

 

2. Conclusion of contract

The goods offered on the cwsdirect.com website do not constitute a binding offer to conclude a purchase contract. It is only an invitation to you to submit a binding offer. By placing your order by clicking on the "Buy" button, you are submitting a binding offer to conclude a purchase contract. As soon as we receive your order, you will receive an email confirmation confirming receipt of your order and listing its details ("order confirmation"). The order confirmation does not constitute acceptance of your offer. Our acceptance and thus the conclusion of the contract depends on the payment method selected in the ordering process:

2.1. When using purchase on account, acceptance occurs either by sending another email with the express order confirmation or directly by sending the ordered goods by handing the goods over to the transport company. However, the final acceptance of the purchase contract only occurs after a successful credit check, which can take up to two working days. If the credit check is negative, we reserve the right to reject the order or offer alternative payment methods.

You will be informed about the dispatch of the ordered goods in a separate email with shipping confirmation as soon as we have handed the goods over to the transport company.

 

3. Correction options

You can initially place our products in your shopping cart without obligation and correct your entry at any time before clicking on the "Buy" button by using the correction aids provided and explained in the ordering process.

 

4. Contract language

The language available for concluding the contract is German.

 

5. Storage of the contract text

The provider saves the contract text and sends you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet. If you have created a customer account on our website, you can also view the contract text and your order data in your customer account and download it from there.

 

6. Return

6.1 The customer as an entrepreneur has no statutory right of withdrawal.

6.2. As a gesture of goodwill and without acknowledging any legal obligation, the provider is prepared to grant the customer a voluntary right of return for each order. The return must be made within 14 days of the day on which you or a third party designated by you, who is not the carrier, took possession of the goods. The return is possible without giving reasons. However, refusal to accept the goods does not constitute a proper exercise of the right of return.

6.3. To exercise the right of return, the customer must send or hand over the goods securely packaged and postage paid at his own expense to the address specified in section 6.7 below .

6.4 To meet the return deadline, it is sufficient for you to send the notification of your wish to return the goods before the return deadline has expired.

6.5. In case of return, the customer bears all costs of return (shipping and customs if applicable).

6.6. If you cancel this contract, we will refund all payments that 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 inexpensive standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this 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.

6.7. You must return or hand over the goods to the following address immediately and in any event no later than fourteen days from the date on which you notify us that you have cancelled the contract: CWS Supply GmbH, Am Friedrichsfeld 7, 36272 Niederaula . This deadline is met if you send the goods before the expiry of the fourteen-day period. 

6.8. The customer must pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

6.9. The customer is not entitled to the right of return described above in the case of contracts for the delivery of goods that are not prefabricated and whose production is based on an individual selection or specification by the customer or which are clearly tailored to the customer's personal needs.

 

7. Delivery area

The delivery area is limited to Germany.

 

8. Use of third parties

The provider is entitled to have its contractual services provided in whole or in part by third parties.

 

9. Obligation to inspect and give notice of defects

9.1. The customer must inspect the goods immediately after delivery by the provider and, if a defect is found, immediately submit a complaint to the provider. Such complaints must be made immediately in text form by email to cwsdirect.de@cws.com within one week after verbal prior notification.

9.2 The deadlines also apply to the detection of other defects.

9.3. The above does not apply in cases where the defects are not obvious. In cases of non-obvious defects, notification must be made in writing immediately after discovery.

9.4. The timeliness of a notification is determined by the time it is received by the provider. If the customer fails to make a complaint/notify the complaint, the items are deemed to have been approved.

 

10. Warranty

For delivery of new goods, the warranty period is 1 year from the transfer of risk.

 

11. Delivery / Transfer of Risk

11.1. Unless otherwise clearly stated in the product descriptions, all goods offered are ready for dispatch within 2 working days (Monday to Friday, excluding Saturdays and public holidays in Germany) and the delivery time is 3 to 5 working days, depending on the destination country. The customer will be informed of the dispatch by email.

11.2 Partial deliveries are permitted.

11.3. The place of performance for delivery is the place of dispatch (place where the service is carried out) of the goods. If the provider sends the items sold to a place other than the place of performance at the customer's request, the risk passes to the customer as soon as the provider has delivered the items to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

 

12. Retention of title

The goods remain the property of the provider until full payment has been made.

 

13. Remuneration / Shipping Costs / Payment Terms

13.1. The purchase prices are net plus the applicable statutory value added tax and are ex warehouse.

13.2. The costs for delivery (shipping plus packaging) and customs clearance, if such is incurred in the context of the provision of services, shall be borne by the customer.

13.3. The specific type of payment depends on the payment method selected during the ordering process.

a) Purchase on account

 

14. Electronic invoicing

The provider will issue invoices in electronic form. By concluding this contract, the customer agrees to accept invoices in electronic form. The provider will send invoices to the email address specified in the ordering process. Only one file (not zipped) will be attached per email. Only invoices will be sent in this way. The customer is responsible for establishing and implementing an internal control system.

 

15. Applicable law / place of jurisdiction

15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980.

15.2. The place of jurisdiction for all disputes arising from or in connection with the contract is, depending on the value in dispute, the Local Court 63225 Langen or the Regional Court Darmstadt.

 

16. Final provisions

There are no subsidiary agreements. Changes and additions to the contract must be made in writing. This also applies to the cancellation of this requirement.