Terms & Conditions

General 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.

(5) You can call up and print out the currently valid General Terms and Conditions on the website www.weicon.de.

 

§ 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.

 

§ 7 Cancellation policy

As a consumer within the meaning of § 13 BGB, i.e. as a buyer who makes the purchase for purposes that are predominantly neither commercial nor their independent professional activity, you have a right of withdrawal in accordance with the following provisions.

 

Right of revocation

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the goods. In order to exercise your right of withdrawal, you must notify us, the company

 

WEICON GmbH & Co KG

Königsberger Str. 255

DE-48157 Münster

e-mail: info@weicon.de

fax: +49 251 93 22 244

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

 

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, 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 for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us or to a company designated by us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

 

Sample revocation form

If you want to cancel the contract, please fill out this form and send it back.

 

To

Company: WEICON GmbH & Co KG Address: Königsberger Str. 255

DE-48157 Münster

e-mail: info@weicon.de

fax: +49 251 93 22 244

 

I/we (*) hereby revoke 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 communication on paper)

Date

(*) Delete as applicable.

End of the cancellation policy

 

(1) The right of revocation does not exist

in the case of delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. tools with individual design),
in the case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, or
in the case of delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

(3) Please note that the modalities mentioned in the preceding paragraph 2 are not a prerequisite for the effective exercise of the right of withdrawal.

 

§ 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: 01.02.2017

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