Terms of Use

General Terms and conditons of use

Contract Language
The contract language is German.
 
Contract Conclusion
Offers including products offered in our online shop are non-binding. By placing an order the customer declares a binding commitment to purchase the goods ordered. The contract is considered confirmed only upon our explicit confirmation or delivery of the goods to the buyer.
 
All information on dimensions, weights, illustrations, descriptions, prices, brochures and catalogues, which are related to the product or with the offers of the Seller in context of the description of the products are for reference only and are neither as quality data, as warranty of a condition or attribute nor to be understood as providing a guarantee.
 
Prices are ex warehouse in Euro and include the VAT. Valid prices are as of the day of delivery. We retain the right to change the prices. Previous prices loose their validity with the appearance of new prices. We accept no liability for misprints or incorrect prices on our internet platform or by affiliates. 
 
Right of withdrawal for consumers
Consumers are any natural person, who commit to a legally binding contract, which is primarily not intended for commercial or professional purposes, or which are not notably considered for such purposes.
 
Consumers have the following right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day; in the case of a sales contract: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.; in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.; in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.; in the case of a contract for regular delivery of goods during a defined period of time: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.;
 
To exercise the right of withdrawal, you must inform us (Brian Lemming & Doris Aha-Stupp Westernwear GbR, In der Dall 4, 36088 Hünfeld, Germany, Telephone number: +49(0) 6652 / 7499 300, Fax number: +49 (0) 6652 / 7490 862, E-Mail: info@westernwear-shop.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
 
Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
 
You shall send back the goods or hand them over to us (Brian Lemming & Doris Aha-Stupp Westernwear GbR, In der Dall 4, 36088 Hünfeld, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
 
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. E.g. worn shoes or opened sealed packaging (see reasons for loss of rights of withdrawal).
 
Reasons for loss of rights of withdrawal: Right of withdrawal does not apply for the following purchases; delivery of products which are not ready manufactured and for which an individual planning and manufacturing is required, which the consumer has explicitly requested changes to the product such as embroidered, printed and engraved products, or; - Delivery of sealed products related to health and hygiene, which are not intended for return when the seal has been removed, or; - Delivery of products which due to their purpose and attributes can no longer be separated from other products.
 
Delivery
Packaging, shipping method and shipping is done at the discretion of the seller.
 
Transport damage - Exterior damage to the packaging must be reported immediately to courier and  the damage properly documented by the courier.
Force majeure and in circumstances where the seller has not acted inappropriately or with gross negligence, the Seller is entitled to cancel the contract in whole or in part, without the other party to the Seller has any rights.

Payment, maturity, default, retention
Overdue invoices are payable immediately. Invoices to merchants acc. to German BGB and HGB, companies, associations, public organisations, are due within 30 days from  date of invoice For payment within 10 days, the seller offers a 2% discount if all previous invoices are paid. A payment is considered made on the day on which paid amount is available the seller. Default occurs without a payment reminder on the due date of the invoice (usually 30 days from invoice date). In case of default, all outstanding invoices, including not due invoices, become due immediately without cash discount. Default interest of 5% will be charged acc. to  § 352 HGB for overdue invoices. 
 
Liability
Compensation claims are explicitly declined outside statutory provisions or in cases of gross negligence or premeditation.
 
Warranty
Moderate product variations which are commercially or technically unavoidable in product range, quality, colour, width, weight, finish or design of the Goods shall not constitute a warranty claim.
 
If a complaint is justified, the seller will repair, or provide replacement goods free of defects within a reasonable period and at the sellers’ discretion. If the fulfilment fails within a reasonable time, or is not a reasonable solution, the other buyer will be entitled to a price reduction or withdrawal from the contract. Compensation claims are explicitly declined and excluded.
 
If a claim is unjustified and the buyer has returned the goods regardless, the seller is entitled either to refuse acceptance of the delivery or after acceptance for review and processing of the return claim, to charge a return fee up to 20% of the net value, but at least € 20.00 as well as all applicable costs associated with the return.
 
Place of fulfilment and jurisdiction
Court jurisdiction for both parties is Fulda Germany, if the buyer is a legal entity (company), public organisation, association or similar entity with commercial interests.
 
Applicable law
Commercial law of the Federal Republic of Germany shall apply to all Contracts concluded with the buyer European Trade Law is not accepted and does not apply. CISG does not apply.
 
Privacy Policy
As far as on these pages personal data (such as name, address or email address), is required this is as far as possible on a voluntary basis and is required only in the context of an order for goods or opening an account. Data is provided for the fulfilment and completion of your order. The use of offers and services is, wherever possible, without giving personal. More to privacy policy
 
Copyright
Brian Lemming & Doris Aha-Stupp Westernwear GbR give constant effort to observe the copyrights of other, or to use their own or license free works.  The content and works created for, or provided on these pages by Brian Lemming & Doris Aha-Stupp Westernwear GbR, are subject to German copyright law. Third party contributions are marked as such. Any reproduction, modification, distribution or any kind of exploitation outside the limits of copyright require the written consent of its respective author or creator. Downloads and copies of these pages are not allowed.

All mentioned offers and brands and trademarks protected by third parties with the provisions of the applicable trademark law and the rights of the respective registered owners. The mere mention does not imply that trademarks are not protected by third party rights. The copyright for any material created by the author such as text, graphics, audio and video sequences, remains solely with Brian Lemming & Doris Aha-Stupp Westernwear GbR.