General Customer Terms and Conditions WÜSTHOF Online Shop
Contractors
Your contractual partner for all orders by customers based in the United Kingdom on the website www.wusthof.com is:
WÜSTHOF UK Ltd
Suite 1, 3rd Floor
11 - 12 St James's Square
London
United Kingdom
SW1Y 4LB
Registration number: 14242735
Managing Directors: Brana Tepelidis-Leinhos, Florian Kohfink
VAT Number: UK4295882 51
Phone: +49 212 20 67-0
Email: support.eu@wusthof.com
(hereinafter: "WÜSTHOF", "we", "us", etc.).
2 Scope
2.1 Our deliveries, services and offers based on orders placed by customers based in the United Kingdom on the website www.wusthof.com (WÜSTHOF Online Shop) shall be based on these general terms and conditions in the version valid at the time of the order (Customer T&Cs). We do not recognize any deviating terms and conditions of the Cus-tomer T&Cs without express written consent.
2.2 Our sales personnel are not authorized to make verbal agreements with customers that modify, supplement or exclude these Customer T&Cs.
3 Order process and contract conclusion
3.1 Awards and price quotations contained in brochures, advertisements and other adver-tising material are non-binding. The presentation of goods in the WÜSTHOF Online Shop does not constitute a binding offer to conclude a purchase contract. The conclu-sion of a purchase contract is also subject to the availability of the ordered goods.
3.2 Only persons aged 18 years and above with a delivery address in the United Kingdom are entitled to place orders.
3.3 To order goods, proceed as follows:
3.3.1 First, add the desired good or goods to the shopping cart in the WÜSTHOF Online Shop.
3.3.2 To order your goods, go to the shopping cart view and check if everything is en-tered correctly. You can make corrections by deleting goods or adding other goods.
3.3.3 If you are satisfied with the contents of your shopping cart, simply click on “Pay”. You can now enter your personal data and your billing address and a possibly different delivery address. The information marked with an asterisk* are manda-tory fields that we need in any case to be able to process your order. If you al-ready have a WÜSTHOF customer account, you can enter your data under “Login”. Alternatively, you can also complete the ordering process by using the “Express Checkout” option with your account and the Shopify Pay, Amazon Pay, PayPal or Google Pay data stored there.
3.3.4 After entering your data, select the shipping method in the next step.
3.3.5 In the last step you select your payment method. In this step, you can – in addi-tion to the option “Express Checkout” selected under point 3.3.3 – pay by credit card (Mastercard, VISA, Amex), Amazon Pay, PayPal or Klarna. For Amazon Pay and PayPal you need an account with the respective payment service pro-viders. For Klarna, the separately agreed payment terms of Klarna apply to you. For more information or if you have any questions about your payment, please visit the Klarna website or contact the Klarna customer service. We reserve the right to exclude certain payment methods in individual cases.
3.3.6 By subsequently clicking on “Order with costs” you place your order. This, at the latest, constitutes an offer to conclude a purchase contract. The point at which we then accept this offer is the point at which the contract is concluded..
3.3.7 Upon receipt of your order, we will send you an email designated as order con-firmation. This order confirmation is not a binding acceptance, but a confirma-tion of receipt that merely reflects the data of the order received by us.
3.3.8 When placing an order via the WÜSTHOF Online Shop, you can refer to and save these Customer T&Cs in the version valid for the order in the order confir-mation.
3.3.9 We will also send you a shipment notification email after receipt of the order and successful payment, which basically constitutes the acceptance of your or-der, whereby the contract is concluded. In the case of a credit card payment, the acceptance of your order takes place by debiting the credit card account specified by you or by the shipment notification, whichever is earlier. In the case of payment by PayPal, Google Pay, Shopify Pay and Amazon Pay, the contract is concluded when you instruct us to make the payment.
3.3.10 If one or more goods from an order are not in stock, but other goods from the same order are in stock, we will note this in the shipping notification. We will han-dle the order process for the goods in stock in this case, unless you instruct us otherwise. The goods ordered by you, which are not in stock, we will – as far as possible – deliver to you within 14 days. If the delivery of the ordered goods not in stock is not possible even then, we refrain from a declaration of acceptance regarding these goods. In this case, a contract is not concluded with regard to these non-stocked goods (cf. also clause 3.1). We will inform you of this imme-diately and refund any consideration already received in respect of these goods without undue delay.
3.3.11 If it is not possible to deliver any of the goods ordered by you, we shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded (cf. also clause 3.1). We will inform you of this immediately and refund any consideration already received without undue delay.
3.4 Unfortunately, we cannot accept orders by fax, letter or email for organizational rea-sons.
4 Right to cancel and consequences of cancelling
As a consumer, you are entitled to cancel your order when purchasing from the WÜSTHOF Online Shop and receive a refund of what you have paid, including the de-livery costs. This is however subject to some conditions, as set out below.
4.1 Right to cancel
4.1.1 You have the right to cancel your order within 30 days from the day on which you or a third party named by you, who is not the carrier, have taken posses-sion of the goods or, in the case of multiple shipments, from the day on which you or a third party named by you, who is not the carrier, have taken posses-sion of the last goods (Cancellation Period). To exercise your right to cancel within the Cancellation Period, you must contact us, at the details set out above, by means of a clear declaration (e.g. a letter sent by post or an email) about your decision to cancel this contract. You can use the attached sample with-drawal form (see appendix at the end of these Customer T&Cs), which is not mandatory. In order to comply with your right to cancel, you must send the noti-fication of the exercise of the right of cancel before the expiry of the Cancellation Period.
4.2 Consequences of cancelling your order
4.2.1 If you cancel your order within the Cancellation Period, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), with-out undue delay and no later than 14 days from the day on which we received the notification of your cancellation of your order. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
4.2.2 You must return the goods immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to the contact details set out above to return or hand over the goods. We bear the cost of returning the goods if accepted.
4.2.3 You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
4.3 Additional information on processing a return
4.3.1 In order to return goods, a return label is already enclosed with your package upon delivery. If this is not the case, you can request the return label via our customer service. If possible, please do not return ordered goods to us without consultation or freight collect.
4.3.2 For queries or otherwise in case of doubt, please contact our customer service at the details set out above.
4.3.3 Please note the following supplementary information:
4.3.3.1 In a few exceptional cases, a refund of payments received from you via the same means of payment may be technically impossible in the context of a cancellation. We will then agree with you on a case-by-case basis on the refund via another common means of payment. You will not incur any additional costs as a result.
4.3.3.2 We bear the cost of returning the goods, provided they are returned within the Cancellation Period.
4.3.3.3 Your statutory right to cancel your order and return goods according to clause 4.1 shall remain unaffected by the information and instruc-tions in this clause 4.3 in any case.
4.4 Excluded goods
The statutory right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of custom made goods.
5 Prices and terms of payment
5.1 All prices quoted in the WÜSTHOF Online Shop include the statutory value added tax and packaging costs and are exclusive of any shipping costs incurred.
5.2 Please note that sometimes we can only offer special offers for a limited period of time. In addition, offers are subject to availability. The availability of a product may depend on the specifications of the customer (series, blade length for knives, etc.).
5.3 We do not charge a flat shipping fee.
5.4 Unless we have agreed otherwise with you in writing, the purchase price owed by you shall be paid at the point of sale without deduction within 30 days after our confirmation of dispatch has been received by you and the goods have been delivered.
5.5 If you are in default of payment, we shall be entitled to charge interest at a rate of 4 per-centage points above the Bank of England base rate from that point in time. If you are not a consumer, the interest rate is 8 percentage points above the Bank of England base interest rate. The assertion of further damage caused by default remains unaf-fected.
6 Set-off and right of retention
You are only entitled to offset against our claims if your claims have been legally estab-lished, we have acknowledged them or if your claims are undisputed. This does not ap-ply to offsetting against our claims if you assert notices of defects or counterclaims from the same purchase contract. As a customer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
7 Shipping, delivery and delivery time
7.1 If your order is accepted, the ordered goods will be delivered via parcel services and – if no or no deviating delivery time is specified for the respective goods in the WÜSTHOF Online Shop – within 5 to 6 working days.
7.2 Delivery will be made to the delivery address you specify during the ordering process.
7.3 We shall be entitled to make partial deliveries insofar as these are reasonable for you. If partial deliveries are made at our request, we shall bear additional shipping costs. If the partial deliveries are made at your request, we shall charge shipping costs for each par-tial delivery in accordance with clause 5.3.
7.4 If a delivery of goods arrives damaged, we ask you to report the damage of the goods, if it is already apparent upon receipt of the package, directly to the employee of the parcel service and to document the extent of the damage (e.g., by photos or a protocol). Your warranty rights or your right to cancel will not be restricted if you should not comply with our request. You can refuse to accept damaged goods directly to the employee of the parcel service or return the damaged goods to us.
7.5 If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be sub-stantial you can contact our WÜSTHOF customer support at support.eu@wusthof.com to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
7.6 If you have any further questions, please feel free to contact our customer service at the contact details set out above.
8 Warranty
8.1 In the event of defects in the delivered goods, the customer shall be entitled to the statu-tory rights, unless otherwise stipulated below for claims for damages.
8.2 If you are not a consumer, we refer to the General WÜSTHOF Business Terms and Conditions that apply to goods purchased.
8.3 Illustrations, drawings, specifications of dimensions or weights contained in the WÜSTHOF Online Shop are only approximate and do not constitute an agreement on quality unless the information contained therein has been expressly designated by us as binding; to this extent, deviations of the delivered goods do not constitute a defect. The same shall apply if we have expressly and separately agreed with you on a deviation from the objective requirements of the goods.
8.4 Any seller’s warranties given by us for certain goods or manufacturer’s warranties granted by the manufacturers of certain goods shall be in addition to the claims based on material defects or defects of title within the meaning of clause 8.1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the goods.
9 Liability
9.1 Nothing in these Customer T&Cs shall limit or exclude our liability for:
9.1.1 Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
9.1.2 Fraud or fraudulent misrepresentation; or
9.1.3 Liability that cannot be excluded under law or breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
9.2 Save as set out at clause 9.1:
9.2.1 We shall not be liable to you for losses you suffer caused by us breaking this contract unless the loss is:
9.2.2 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have ex-pected it (so, in the law, the loss was unforeseeable).
9.2.3 Caused by a delaying event outside our control. As long as we have taken the steps set out in the clause 7.5.
9.2.4 Avoidable. Something you could have avoided by taking reasonable action.
9.3 Our total liability to you for all other losses arising under or in connection with this contract shall be limited to the total sums paid by you for goods under such contract.
9.4 Any liability in excess of the scope specified in this clause 9 is excluded to the fullest extent permitted by law.
10 Retention of title
We retain title to all goods delivered by us until full payment of the respective order. If we withdraw from a contract in case of breach of contract by the customer, in particular in case of default of payment (case of realization), we shall be entitled to demand the re-turn of the goods which are our property.
11 Copyrights and Data Protection
11.1 We have copyrighted rights to all images, films and texts published in the WÜSTHOF Online Shop. Use of the images, films and texts is not permitted without our express written consent.
11.2 How we use any personal data you give us is set out in our privacy notice: at https://www.wusthof.co.uk/support/privacy-policy
12 General provisions
12.1 These Customer T&Cs shall be governed exclusively by the laws of England and Wales to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 All agreements made between WÜSTHOF and the customer for the purpose of execut-ing this contract are set forth in writing or in text form in the corresponding contract (or-der, order confirmation, payment confirmation, and shipping confirmation) and these general terms and conditions. No verbal subsidiary agreements have been made.
Sample cancellation form
(If you are a consumer and wish to cancel the contract, please complete and return this form).
To
WÜSTHOF GmbH
Service - Online Shop
Kronprinzenstr. 49
42655 Solingen, Germany
Phone: +49 212 20 67-134
Email: support.eu@wusthof.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)
______________________________________
Ordered on (*)/received on (*)
______________________________________
Name of the consumer(s)
______________________________________
Address of the consumer(s)
______________________________________
______________________________________
Signature of the consumer(s) (only in case of notification on paper)
______________________________________
________________
Date
(*) Delete as applicable.