Terms & Conditions

for orders 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 at your expense from our warehouse to the address provided by you.

(2) Costs arising from providing a wrong or incomplete address must be paid by you.

(3) 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


for purchase of goods


§ 1 General Conditions

1. Our Terms and Conditions for Purchase of Goods shall apply to all contracts concluded between WEICON and the supplier exclusively. Conditions stated by the supplier that conflict with or deviate from our Terms and Conditions of Sale shall only be accepted by us if we explicitly agreed to their validity in writing. They shall also apply to all future business relations, even when they are not explicitly agreed upon again. Our Terms and Conditions for Purchase of Goods shall also apply if we accept the supplier’s delivery unreservedly despite being aware of conditions stated by the supplier that conflict with or deviate from our Terms and Conditions for Purchase of Goods.

2. All agreements and declarations made between us and the supplier in regard to executing this contract must be recorded in text form, unless these GTC specifiy a written from, which requires a signature.

3. Our Terms and Conditions for Purchase of Goods shall also apply to all future business transactions wih the supplier in regards to companies according to § 14 BGB.


§ 2 Offer and Conclusion of Contract

1. We shall be bound by the offer for the conclusion of a purchase contract (order) for three weeks. The supplier can accept the offer within three weeks only by declaring his acceptance to us.

2. We reserve the property rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to written documents designated as “confidential“. Any disclosure to third parties requires our prior written consent. Upon request, the documents are to be returned without retention of copies.


§ 3 Payments

1. The price specified by WEICON in the order is binding and includes free delivery, unless otherwise agreed upon by both parties. Packaging costs and the legally applicable value-added tax are also included in the price. All invoices of the supplier shall show the order number specified by WEICON.

2. Unless otherwise agreed with the supplier, payments shall be made within ten working days of delivery of the goods by the supplier and receipt of the invoice days with a 2% discount, or within 30 days net.

3. WEICON shall be entitled to the full statutory netting and retention rights. We are entitled to assign all claims arising from the purchase contract without the supplier’s consent.


§ 4 Delivery Times

1. The delivery period or delivery date specified by WEICON in the order shall be binding on the part of the supplier.

2. Should the supplier be in arrears, WEICON is entitled to the statutory claims. If WEICON asserts claims for damages, the supplier shall be entitled to provide proof that he is not responsible for the breach of duty.


§ 5 Warranty and Liability

1. WEICON shall inspect received goods for deviations in quality and quantitiy within a reasonable amount of time. The notice of obvious defects shall be deemed in time, if it is sent out by WEICON within five days of the receipt of the goods and the notice then reaches the supplier. The notice of hidden defects shall be deemed in time, if WEICON sends it out within five working days of discovery.

2. WEICON shall be entitled to the statutory claims for defects against the supplier and the supplier shall be liable towards WEICON to the extent permitted by law. The statue of limitation for defect claims is 36 months from the transfer of risk, unless otherwise agreed.

3. We exclude our liability for slightly negligent breaches of duty, as far as no essential contractual duties, damages from injuries to life, limb or health, or warranties are affected or claims under the Product Liability Act arise. The same applies to breaches of duty by our legal representatives and vicarious agents.


§ 6 Liability of the Supplier/Insurance Cover

1. If a claim for damages is made against WEICON by a third party due to a product damage for which the supplier is responsible, the supplier shall indemnify WEICON upon first request against all claims by third parties including the necessary costs for the defence against these claims, if the supplier has caused the damage within its sphere of control and organisation.

2. If WEICON has to carry out a product recall in the event of damage in accordance with § 6 Clause 1, the supplier shall be obligated to reimburse WEICON for all expenses arising from or associated with the recall. WEICON will, as far as possible and reasonable in terms of time, inform the supplier of the content and extent of the recall and give him the opportunity to issue a statement. Further legal claims of WEICON shall remain unaffected by this.

3. The supplier is obliged to take out and maintain product liability insurance with a sum insured that is appropriate for the goods. The sum insured shall be specified in a separate agreement. Further legal claims of WEICON shall be unaffected by this.

4. If a claim is made against WEICON by a third party because the delivery infringes a statutory property right of the third party, the supplier undertakes to indemnify WEICON against these claims upon first request, including all necessary expenses arising from the claim by the third party and its defence, unless the supplier has not acted culpably. We undertake to acknowledge the claims of the third party and/or to conclude agreements with the third party regarding these claims only with the prior written consent of the supplier. The statute of limitations for these indemnification claims is 36 months, calculated from the transfer of risk.


§ 7 Withdrawal from Contract – Damages

1. If the supplier does not fulfil his contractual commitment or does not fulfil it in accordance with the contract, we may withdraw from the contract and demand damages instead of contractual performance after expiry of a reasonable period of time for fulfilling the contractual commitment.

2. We especially shall be entitled to withdraw from the contract if the supplier breaches his obligation of secrecy in accordance with § 9.

3. We are also entitled to the right of withdrawal from the contract if the supplier suspends deliveries or applies for the opening of insolvency proceedings.

4. The right of extraordinary termination for good cause in the case of continuing obligations remains unaffected.


§ 8 Retention of Title/Assignment of Claims

1. We object to retention of title regulations and declarations of the supplier which go beyond the simple retention of title.

2. Rights and obligations of the supplier arising from the contract are not assignable or transferable without our written consent. § 354a HGB remains unaffected by this.

3. All components, documents or materials provided by WEICON to the supplier shall remain our property. The supplier may only utilise these outside of this contract and/or pass them on to third parties or make them accessible to third parties with our written consent. After fulfilment of the respective contract, the supplier shall immediately return them to WEICON at his own expense.


§ 9 Data Processing and Confidentiality

1. We are entitled to process all data regarding the supplier we have received in the context of the contractual performance according to Art. 6 (1) lit. b) DSGVO.

2. The supplier is obliged to keep secret all sketches, plans, illustrations, calculations, models, samples and other documents, unless they are publicly known or made publicly accessible. He may only disclose or pass them on to third parties after our written consent, if he has equally obliged them to maintain confidentiality. The supplier shall be liable to us for breaches of contract by assigned third parties in the same way as he is for his own misconduct.

3. The obligation of secrecy shall survive the termination of the contract. The obligation of secrecy shall only expire if and to the extent that the knowledge contained in the provided documents has become publicly known.

4. If the supplier violates this obligation of secrecy, he shall be obliged to pay us a contractual penalty. The amount of the contractual penalty shall be at our reasonable discretion and, in the event of a dispute, shall be reviewed by the responsible court as to its fairness. Further claims remain unaffected by this.


§ 10 Miscellaneous

1. Should any provision in these Terms and Conditions be or become invalid, this shall not affect the validity of any other condition and agreement between the supplier and us. In the event of translations of these GTC, the German GTC shall apply in case of doubt.

2. These Terms and Conditions and the entire legal relationship between the supplier and us shall be governed by the laws of the Federal Republic of Germany with the exception of international private law and the UN Convention on Contracts for the International Sale of Goods.

3. The place of jurisdiction is our registered office in Münster, Germany. However, we are also entitled to sue the supplier at the court of his place of business.


Last updated 05.2021

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