1. scope
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, collection, availability of goods
6. payment modalities
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. final provisions
1. scope
1.1. For the business relationship between Willhelm Technologies GmbH Geltestraße 9, 06184 Kabelsketal OT Dölbau (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services on the website of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise stated with the products. In all other respects, errors are excepted.
3. order process and conclusion of contract
3.1. The Customer may select products from the Seller’s assortment without obligation and collect them in a so-called shopping cart by clicking the “add to cart” button. Within the shopping cart the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the completion of the order process within the shopping cart via the button “Proceed to checkout”.
3.2. By clicking on the button “order with obligation to pay”, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is concluded only when the seller has shipped the ordered product within 2 days to the customer, handed over or confirmed the shipment to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice. Acceptance may further be made by a request for payment sent by the Seller to the Customer and at the latest by the completion of the payment transaction. In the event of several acceptance procedures, the earliest acceptance time shall be decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by its offer.
4. prices
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Collection, Availability of goods
5.1 After the order has been placed and the money has been received by the seller, the individual item will be produced in a personalized manner.
5.2. If the delivery of the goods fails through the fault of the buyer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer less any expenses incurred.
5.3. If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately refund to the customer any consideration already paid.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment modalities
6.1. The customer can choose from the available payment methods within the framework and before completion of the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. If third-party providers (e.g. PayPal) are commissioned with the payment processing, their general terms and conditions apply equally.
7. retention of title
Until full payment, the delivered goods remain the property of the seller.
For customers who are entrepreneurs, the following shall apply in addition: The seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer shall be obliged to treat the purchased item with care as long as title has not yet passed to him. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, provided that this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the purchaser must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him which arise against a third party through the connection of the reserved goods with a property. Access by third parties to the goods owned or co-owned by the seller must be reported immediately by the customer. The customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer already assigns to the seller by way of security all claims arising from resale or other legal grounds with regard to the goods subject to retention of title (including all balance claims from current account). The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for its account and in its own name. This direct debit authorization can be revoked if the customer does not properly fulfill his payment obligations. The Seller undertakes to release the securities to which the Seller is entitled at the Customer’s request if their total sales value exceeds the sum of all outstanding claims of the Seller arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The selection of the securities to be released shall be incumbent upon the Seller. Upon settlement of all claims of the seller from delivery transactions, the ownership of the reserved goods and the assigned claims shall pass to the buyer. The selection of the securities to be released shall be incumbent upon the Seller.
8. warranty for material defects
8.1. The warranty (liability for defects) shall be determined in accordance with the statutory provisions.
9. liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.
9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1. The customer can view and or print the text of the contract before submitting the order to the seller by clicking on the link in the last step of the order and or using the print function of his browser.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the GTC and the notes on shipping costs and delivery and payment terms.
11. final provisions
11.1. If the Buyer is an entrepreneur, the place of performance shall be the Seller’s registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be at the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the Seller’s country of domicile. The right of the seller to choose another permissible place of jurisdiction remains reserved.
11.2 In the case of entrepreneurs, the law of [Bundesrepublik Deutschland] shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary.
11.3. Contract language is German.
11.4. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.