Terms and conditions

for Purchasing in the WEICON Online Shop

 

§ 1 Scope and provider

(1) These General Terms and Conditions shall apply to all orders placed by consumers via the Online Shop of WEICON GmbH & Co KG.

(2) The range of goods offered in our Online Shop is exclusively intended for consumers who have reached the age of 18.

(3) Our deliveries, services and offers are exclusively based on these General Terms and Conditions.

(4) The contract language is exclusively German.

 

§ 2 Conclusion of contract

(1) The presentation and display of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.

(2) By clicking the button "Order now for payment" you submit a binding offer to purchase (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt also does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4) A purchase contract for the goods is only concluded when we expressly declare the acceptance of the purchase offer or when we send the goods to you - without prior express declaration of acceptance.

 

§ Article 3 Prices

The prices quoted on the website include the statutory value added tax and other price components and do not include the respective shipping costs.

 

§ 4 Terms of payment; default

(1) Payment is optional:

credit card
Paypal
(2) If you choose the payment method "advance payment", we will provide you with our bank details in the order confirmation.

The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.

(3) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering ("Authorization"). The actual debiting of your credit card account shall take place at the time we ship the goods to you.

(4) In the case of payment by direct debit, you may have to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank account details provided by you.

(5) If you fall behind with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default has occurred, you will be charged at least a reminder fee of 5 EUR, unless you can prove that the damage was lower.

 

§ 5 Offsetting / Right of retention

(1) You shall only be entitled to offsetting if your counterclaim has been legally established or is not disputed by us.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

 

§ 6 Delivery; Retention of title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.

(2) The goods remain our property until the purchase price has been paid in full.

  

§ 8 Damage in transit

(1) If goods are delivered with obvious transport damages, please complain about such errors immediately to the deliverer and contact us as soon as possible.

(2) Failure to make a complaint or contact us will not affect your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

 

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).

(2) The period of limitation for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), nor to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) In all other respects, the statutory provisions shall apply to the warranty.

 

§ 10 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons. (2) In all other respects, the following limited liability shall apply: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

 

§ 11 Consumer arbitration

The European Commission has set up an Internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from purchase and service contracts concluded online. The platform can be accessed via the following link:

http://ec.europa.eu/consumers/odr

The WEICON GmbH & Co. KG does not, however, participate in consumer arbitration proceedings under the Consumer Dispute Settlement Act.

 

§ 12 Final provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

(2) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").

 

Status: 01.01.2020

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