General Terms and Conditions of Sale
for the online store at
www.paulwiegand.de | Status: February 2019
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, the
Paul Wiegand GmbH,
36124 Eichenzell-Kerzell
Managing Directors: Martin Schulz, Frederik Dux
Local Court Fulda HRB 2251,
Telephone number: +49 (0) 6659 / 9862-0
Fax number: +49 (0) 6659 / 9862-150
E-mail address: info@paulwiegand.de
and you as our customer.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time the contract is concluded shall apply.
(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online store by clicking the button "order with obligation to pay", you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order.
(3) We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.
§ 3 Terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period shall be five (5) working days, unless otherwise agreed. It shall commence - subject to the provision in para. 3 - upon conclusion of the contract.
(3) In the case of orders from customers with a place of residence or business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.
§ 4 Prices and shipping costs
(1) All prices quoted in our online store are net prices excluding statutory VAT and do not include shipping costs.
(2) The shipping costs are indicated in our prices in our online store. The price including VAT and shipping costs will also be displayed in the order form before you submit the order.
(3) If we fulfill your order in accordance with § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
§ 5 Terms of payment and offsetting and right of retention
(1) The purchase price and shipping costs must be paid within 10 days of receipt of our invoice at the latest.
(2) The purchase price and shipping costs are to be transferred to our account specified in the online store. In the case of a direct debit authorization or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time specified in paragraph 1. A direct debit authorization is also valid for further orders until revoked.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of title
(1) We reserve title to the goods sold until full payment of our claims arising from the purchase contract and an ongoing business relationship (secured claims).
(2) The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The customer must inform us immediately in text form if an application is made to open insolvency proceedings or if third parties have access to the goods belonging to us (e.g. seizures).
(3) If the customer acts in breach of contract, in particular in the event of non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not at the same time include a declaration of withdrawal; rather, we are entitled to demand only the return of the goods and reserve the right to withdraw from the contract. If the customer does not pay the purchase price due, we may only assert these rights if we have previously set the customer a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions.
(4) Until revoked in accordance with (c) below, the customer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.
(a) The retention of title shall extend to the full value of the products resulting from the processing, mixing or combination of our goods, whereby we shall be deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.
(b) The customer hereby assigns to us as security the claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The obligations of the customer stated in paragraph 2 shall also apply in consideration of the assigned claims.
(c) The customer shall remain authorized to collect the claim in addition to us. We undertake not to collect the claim as long as the customer meets his payment obligations to us, there is no deficiency in his ability to pay and we do not assert the retention of title by exercising a right in accordance with para. 3. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. In this case, we shall also be entitled to revoke the customer's authorization to resell and process the goods subject to retention of title.
(d) If the realizable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the customer's request.
§ 7 Warranty
(1) The products supplied by us comply with the applicable German regulations and standards. We assume no liability for compliance with other national regulations. If the products are used abroad, the customer undertakes to check the conformity of the products with the relevant legal systems and standards himself and to make any necessary adjustments.
(2) The customer may not assert any rights due to defects in our delivery and service if the value or suitability of the delivery and service is only insignificantly reduced.
(3) If the delivery or service is defective and the customer has complied with the inspection and complaint obligations of § 377 HGB (German Commercial Code), we shall, at our discretion, either make a subsequent delivery or rectify the defect (subsequent performance). The customer shall grant us the opportunity to do so within a reasonable period of at least 10 working days.
(4) The customer may demand compensation for the expenses necessary for the purpose of subsequent performance, provided that the expenses do not increase because the object of the delivery has subsequently been moved to a place other than the original place of delivery, unless the transfer corresponds to its intended use.
(5) If the subsequent performance fails, the customer may reduce the remuneration or withdraw from the contract. Withdrawal is only permissible, however, if the customer expressly threatens us with this in text form beforehand with a reasonable further grace period.
(6) The customer shall only have a right of recourse against us in accordance with § 478 BGB insofar as the customer has not made any agreements with his buyer that go beyond the statutory claims for defects.
(7) The sale of used items is subject to the exclusion of any liability for material defects.
§ 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 9 Statute of limitations
The limitation period for claims due to defects in newly manufactured items and for claims due to our liability for damages is one year. This shall not apply if longer periods are prescribed in accordance with §§ 438 para. 1 no. 2 (buildings and items for buildings), 479 para. 1 (right of recourse) and 634a para. 1 no. 2 BGB (building defects) as well as in cases of injury to life, body or health, in the event of an intentional or grossly negligent breach of duty on our part and in the event of claims for damages under the Product Liability Act.
§ 10 Force majeure
In the event of force majeure, our delivery or performance obligations shall be suspended; if a significant change in the circumstances existing at the time of conclusion of the contract occurs, we shall be entitled to withdraw from the contract. All circumstances for which we are not responsible and which make delivery or performance significantly more difficult or impossible for us shall be deemed equivalent to force majeure, irrespective of whether these circumstances occur with us or a supplier or vicarious agent.
§ 11 Copyrights
We have copyrights to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.
§ 12 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Eichenzell-Kerzell. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Should individual or several provisions of these General Terms and Conditions of Sale be invalid, this shall not affect the validity of the contract and the remaining provisions. Ineffective provisions shall be replaced by the statutory regulation.