Information pursuant to Section 5 TMG

Werner Baumaschinen OÜ
Tartu mnt. 67/1-1
Tallinn, Estonia

Managing Director: Török Csongor
Registered office: Tallinn
Commercial register: Estonia

Contact

Phone: +372 5557 6758
Email: info@werner-baumaschinen.de

VAT ID

VAT identification number pursuant to Section 27a of the German VAT Act:

EE102793189

EU Dispute Resolution

The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr

You can find our email address above in the legal notice.

Consumer Dispute Resolution / Universal Arbitration Board

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright

The content and works created by the website operators on these pages are subject to copyright law. Any reproduction, editing, distribution, or any form of use beyond the limits of copyright law requires the written consent of the respective author or creator. Downloads and copies of this website are permitted for private, non-commercial use only.

Where content on this website was not created by the operator, third-party copyrights are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please notify us accordingly. Upon becoming aware of any legal violations, we will remove such content without delay.

Image Credits

Own images
Unsplash.com

Concept, Design & Implementation

This website was developed by the internet agency Webgurus.

1. Data Protection at a Glance

General Information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data means any data by which you can be personally identified. Detailed information on data protection can be found in the privacy policy below.

Data Collection on This Website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. The operator’s contact details can be found in the section “Information on the Responsible Party” in this privacy policy.

How do we collect your data?

Some data is collected when you provide it to us. This may include, for example, data that you enter into a contact form.

Other data is collected automatically, or with your consent, by our IT systems when you visit the website. This primarily includes technical data, such as your internet browser, operating system, or the time at which the page was accessed. This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some data is collected to ensure the error-free provision of the website. Other data may be used to analyze your user behavior. Where contracts can be concluded or initiated through the website, the transmitted data will also be processed for contract offers, orders, or other order inquiries.

What rights do you have regarding your data?

You have the right at any time to receive, free of charge, information about the origin, recipients, and purpose of your stored personal data. You also have the right to request the correction or deletion of this data.

If you have given consent to data processing, you may withdraw this consent at any time with effect for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You may contact us at any time regarding this or any other questions concerning data protection.

2. General Information and Mandatory Disclosures

Data Protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

Please note that data transmission over the internet, such as communication by email, may have security vulnerabilities. Complete protection of data against access by third parties is not possible.

Information on the Responsible Party

The party responsible for data processing on this website is:

Werner Baumaschinen OÜ
Address: Tartu mnt. 67/1-1, Tallinn, Estonia
Phone: +372 5557 6758
Email: info@werner-baumaschinen.de

The responsible party is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data, such as names, email addresses, or similar information.

3. Data Collection on This Website

Cookies

Our website uses cookies. Cookies are small data packets and do not cause any damage to your device. They are stored either temporarily for the duration of a session, known as session cookies, or permanently, known as persistent cookies, on your device.

You can configure your browser to notify you when cookies are set, to allow cookies only in individual cases, to exclude the acceptance of cookies in certain cases or in general, and to enable the automatic deletion of cookies when closing the browser.

Details of which cookies and services are used on this website can be found in this privacy policy.

4. Analytics Tools and Advertising

Google Ads & Google Conversion Tracking

The website operator uses Google Ads, an online advertising service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Ads enables us to display advertisements in the Google search engine or on third-party websites when users enter certain search terms. Further information on how Google uses data can be found here:
https://policies.google.com/privacy?hl=en

5. Your Rights Regarding Your Data

Withdrawal of Your Consent to Data Processing

Many data processing operations are only possible with your express consent. You may withdraw consent you have already given at any time. The lawfulness of data processing carried out before the withdrawal remains unaffected by the withdrawal.

Right to Object to Data Collection in Special Cases and to Direct Advertising, Article 21 GDPR

If data processing is carried out on the basis of Article 6(1)(e) or Article 6(1)(f) GDPR, you have the right at any time to object to the processing of your personal data on grounds relating to your particular situation.

If your personal data is processed for the purpose of direct advertising, you have the right at any time to object to the processing of your personal data for such advertising purposes.

Right to Lodge a Complaint with the Competent Supervisory Authority

In the event of violations of the GDPR, you have the right to lodge a complaint with a supervisory authority.

Right to Data Portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a commonly used, machine-readable format.

Information, Correction, and Deletion

Within the scope of the applicable statutory provisions, you have the right at any time to receive, free of charge, information about your stored personal data, its origin and recipients, and the purpose of the data processing.

I. Terms and Conditions for Business Customers

II. Terms and Conditions for Consumers

I. General Terms and Conditions for Business Customers

1. Scope of Application

These General Terms and Conditions apply to all purchase contracts concluded by Werner Baumaschinen OÜ, Managing Director Török Csongor, Tartu mnt. 67/1-1, Tallinn, Estonia, with entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310(1) of the German Civil Code. We shall only recognize any terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions if we have expressly agreed to their validity in writing.

2. Contracting Party

The purchase contract is concluded with:

Werner Baumaschinen OÜ
Tartu mnt. 67/1-1, Tallinn, Estonia
Phone: +372 5557 6758
Email: info@werner-baumaschinen.de

Local court: Estonia

You can reach our customer service for questions, complaints, and objections on weekdays from 8:00 a.m. to 3:00 p.m. by phone at +372 5557 6758 or by email at info@werner-baumaschinen.de.

3. Conclusion of Contract

3.1 The presentation of products on the website werner-baumaschinen.de or in an advertisement on another website does not constitute a legally binding offer, but rather an invitation to contact us for the purpose of concluding a purchase contract.

3.2 After your inquiry by phone or email, you will receive a non-binding offer from us regarding the goods. If you agree to the purchase terms stated by us, you may inform us of this by email. Your notification shall be deemed a binding order. If you receive an order confirmation from us within 48 hours, the purchase contract is concluded.

4. Transfer of Risk in the Event of Shipment

If the goods are shipped to you at your request, the risk of accidental loss or accidental deterioration of the goods shall pass to you upon dispatch, and at the latest when the goods leave the factory or warehouse. This applies regardless of whether shipment is made from the place of performance or who bears the freight costs.

5. Retention of Title

The goods shall remain our property until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing, or transformation of the goods is not permitted without our consent.

6. Warranty and Notice of Defects

6.1 Your warranty rights are subject to your proper fulfillment of the inspection and notification obligations owed under Section 377 of the German Commercial Code.

6.2 Claims for defects shall become time-barred 12 months after delivery to you. For claims for damages in cases of intent and gross negligence, as well as in the event of injury to life, body, or health, the statutory limitation period shall apply.

6.3 If, despite all due care, the delivered goods have a defect that already existed at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods.

6.4 If subsequent performance fails, you may withdraw from the contract or reduce the remuneration, without prejudice to any claims for damages.

7. Miscellaneous

7.1 This contract and the entire legal relationship between the parties shall be governed by the law of the Republic of Estonia, excluding the UN Convention on Contracts for the International Sale of Goods.

7.2 The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be Tallinn, Estonia, provided this is permissible under the German Code of Civil Procedure.

7.3 All agreements made between the parties for the purpose of performing this contract are set out in this contract.

Right of Withdrawal for Consumers

If, contrary to our assumption, you are a consumer within the meaning of Section 13 of the German Civil Code, you are entitled to a fourteen-day right of withdrawal.

Withdrawal Instructions

As a consumer, 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, Werner Baumaschinen OÜ, Tartu mnt. 67/1-1, Tallinn, Estonia, email: info@werner-baumaschinen.de, of your decision to withdraw from this contract by means of a clear statement, for example by post, fax, or email.

Consequences of Withdrawal

If you withdraw from this contract, we shall refund all payments to you without undue delay and no later than within fourteen days.

You must return the goods to us without undue delay and no later than within fourteen days from the day of withdrawal. The return shipping costs amount to EUR 100.00 and must be borne by the buyer.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods.

You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their condition, properties, and functionality.

II. General Terms and Conditions for Consumers

1. Scope of Application

These General Terms and Conditions apply to all purchase contracts concluded by Werner Baumaschinen OÜ, Török Csongor, Tartu mnt. 67/1-1, Tallinn, Estonia, with consumers within the meaning of Section 13 of the German Civil Code.

2. Contracting Party

Werner Baumaschinen OÜ
Tartu mnt. 67/1-1, Tallinn, Estonia
Phone: +372 5557 6758
Email: info@werner-baumaschinen.de

3. Conclusion of Contract

The presentation of products on werner-baumaschinen.de does not constitute a legally binding offer, but rather an invitation to contact us.

4. Warranty

The statutory warranty rights apply to all items offered by us.

5. Retention of Title

The goods shall remain our property until full payment has been made.

6. Transport Damage

If goods are delivered with obvious transport damage, please report this immediately to the delivery agent.

4. Right of Withdrawal for Consumers

Consumers, meaning any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession, have the following right of withdrawal:

Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day:

on which you, or a third party named by you who is not the carrier, took possession of the goods, if you ordered one item or several items in a single order and they were delivered together;

on which you, or a third party named by you who is not the carrier, took possession of the last item, if you ordered several items in a single order and they were delivered separately;

on which you, or a third party named by you who is not the carrier, took possession of the last partial shipment or the last piece, if you ordered goods that are delivered in several partial shipments.

To exercise your right of withdrawal, you must contact us at the following address:

Werner Baumaschinen OÜ
Tartu mnt. 67/1-1, Tallinn, Estonia
Phone: +372 5557 6758
Email: info@werner-baumaschinen.de

You must inform us of your decision to withdraw from this contract by means of a clear statement, for example by post, fax, or email. You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising your right of withdrawal before the 14-day withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall refund all payments received from you, including delivery costs, with the exception of any additional costs resulting from your choice of a delivery method other than the standard delivery offered by us, without undue delay and no later than within 14 days.

For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

Return of Goods

You must return or hand over the goods to us without undue delay and no later than within 14 days from the day on which you notify us of your withdrawal.

Return Shipping Costs

You, as the consumer, shall bear the direct costs of returning the goods. These costs are estimated at a maximum of EUR 400.

Loss in Value of the Goods

You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their condition, properties, and functionality.

Exclusion or Premature Expiry of the Right of Withdrawal

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

goods made to customer specifications or clearly tailored to the personal needs of the consumer;

goods that can spoil quickly or whose expiry date would quickly be exceeded;

alcoholic beverages whose price was agreed at the time the contract was concluded, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current market value is subject to fluctuations;

newspapers, journals, or magazines, except for subscription contracts.

The right of withdrawal expires prematurely for the following contracts:

sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

goods that, after delivery, have been inseparably mixed with other goods;

audio or video recordings and computer software in sealed packaging if the seal has been removed after delivery.

Our Recommendation for Returning Goods

To avoid transport damage:

Please avoid damaging or soiling the goods;

If possible, return the goods in their original packaging with all accessories;

Where necessary, use protective outer packaging.

These recommendations are not a mandatory requirement for effectively exercising the right of withdrawal.

Model Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it to us:

Werner Baumaschinen OÜ
Tartu mnt. 67/1-1, Tallinn, Estonia
Phone: +372 5557 6758
Email: info@werner-baumaschinen.de

I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods:

Ordered on: __________________________
Received on: __________________________

Name of consumer(s): _____________________________________________________
Address of consumer(s): _____________________________________________________

Signature of consumer(s), only if submitted on paper: __________________________
Date: ______________

Delete as appropriate.

5. Shipping and Payment Information

Delivery

We deliver throughout Europe using a transport company selected by us.

Delivery Time

For payment in advance by bank transfer, delivery takes place within 4–7 days after receipt of payment.

Payment Methods

We accept the following payment methods:

Payment in advance by bank transfer
Please transfer the invoice amount to the bank account specified by us.

Shipping Costs

Delivery within our shipping area starts from EUR 59, including VAT.