As of: February 2019
(1) These General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to all contracts concluded via our online shop between us, the
HYDRACRAFT
A brand of Paul Wiegand GmbH
36124 Eichenzell-Kerzell
Managing Directors: Martin Schulz, Frederik Dux
District Court Fulda HRB 2251,
Phone: +49 (0) 6659 / 9862-0
Fax: +49 (0) 6659 / 9862-150
Email address: info@paulwiegand.de
and to you as our customer.
(2) All agreements made between you and us in connection with the purchase contract are governed in particular by these Terms and Conditions of Sale, our written order confirmation, and our declaration of acceptance.
(3) The version of the Terms and Conditions valid at the time of conclusion of the contract shall apply.
(4) We do not accept deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
(1) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the button “place order subject to payment,” you submit a legally binding order. You are bound by the order for a period of two (2) weeks after submission of the order.
(3) We will confirm receipt of your order placed via our online shop without delay by email. Such an email does not yet constitute a binding acceptance of the order, unless acceptance is declared therein in addition to confirmation of receipt.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivery of the ordered articles.
(5) Should delivery of the goods you ordered not be possible, for example because the corresponding goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you of this without delay and immediately refund any consideration already received.
(1) We are entitled to make partial deliveries, insofar as this is reasonable for you.
(2) The delivery period is five (5) working days, unless otherwise agreed. It begins—subject to the provision in paragraph 3—upon conclusion of the contract.
(3) For orders from customers with a residential or business address abroad or in the event of justified indications of a payment default risk, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you without delay. In this case, the delivery period begins upon payment of the purchase price and shipping costs.
(1) All prices stated in our online shop are net prices excluding statutory value-added tax and are subject to applicable shipping costs.
(2) The shipping costs are indicated in our price information in our online shop. The price including value-added tax and applicable shipping costs will also be displayed in the order form before you submit the order.
(3) If we fulfill your order pursuant to § 4 paragraph 1 by means of partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(1) The purchase price and shipping costs are to be paid no later than 10 days from receipt of our invoice.
(2) The purchase price and shipping costs are to be transferred to our account specified in the online shop. In the event of a granted direct debit authorization or payment by EC/Maestro or credit card, we will initiate the debit of your account no earlier than the time specified in paragraph 1. A granted direct debit authorization remains valid for further orders until revoked.
(3) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert defect notifications 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.
(1) Until full payment of our claims arising from the purchase contract and an ongoing business relationship (secured claims), we reserve ownership of the sold goods.
(2) The goods subject to retention of title may not be pledged to third parties or transferred as security before full payment of the secured claims. The customer must notify us immediately in text form if an application for the opening of insolvency proceedings is filed or if third parties access (e.g., seizures) the goods belonging to us.
(3) In the event of conduct by the customer contrary to the contract, in particular in the event of non-payment of the purchase price due, we are entitled to withdraw from the contract and/or demand return of the goods on the basis of the retention of title in accordance with statutory provisions. The demand for return does not simultaneously constitute the declaration of withdrawal; rather, we are entitled merely to demand return of the goods and reserve the right to withdraw. 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 such a deadline is dispensable according to statutory provisions.
(4) The customer is authorized, subject to revocation pursuant to (c) below, to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply in addition.
(a) The retention of title extends to the products resulting from processing, mixing, or combining our goods to their full value, whereby we are deemed to be the manufacturer. If, in the event of processing, mixing, or combining with goods of third parties, their ownership right remains, we acquire co-ownership in proportion to the invoice values of the processed, mixed, or combined goods. In all other respects, the same applies to the resulting product as to the goods delivered subject to retention of title.
(b) The customer hereby assigns to us in full or in the amount of our possible co-ownership share pursuant to the preceding paragraph the claims against third parties arising from the resale of the goods or the product as security. We accept the assignment. The obligations of the customer stated in paragraph 2 also apply with respect to the assigned claims.
(c) The customer remains authorized to collect the claims in addition to us. We undertake not to collect the claims as long as the customer meets its payment obligations toward us, there is no deficiency in its ability to perform, and we do not assert the retention of title by exercising a right pursuant to paragraph 3. If this is the case, however, we may demand that the customer disclose to us the assigned claims and their debtors, provide all information necessary for collection, hand over the related documents, and notify the debtors (third parties) of the assignment. Furthermore, in this case we are entitled to revoke the customer’s authorization for further resale and processing of the goods subject to retention of title.
(d) If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the customer’s request.
(1) The products we deliver comply with the applicable German regulations and standards. We do not guarantee compliance with other national regulations. The customer undertakes to verify the conformity of the products with the relevant legal systems and standards when using the products abroad and, if necessary, to make adjustments.
(2) The customer may not assert any rights due to defects in our delivery and performance insofar as the value or suitability of the delivery and performance is only insignificantly reduced.
(3) Insofar as the delivery or performance is defective and the customer has complied with the inspection and notification obligations of § 377 HGB, we will, at our discretion, deliver replacement goods or remedy the defect (subsequent performance). For this purpose, the customer must grant us the opportunity within a reasonable period of at least 10 working days.
(4) The customer may claim reimbursement for expenses necessary for the purpose of subsequent performance, provided that the expenses do not increase because the object of delivery was subsequently moved to a location other than the original place of delivery, unless the relocation corresponds to its intended use.
(5) If subsequent performance fails, the customer may reduce the remuneration or withdraw from the contract. However, withdrawal is only permissible if the customer has previously expressly threatened this in text form with a reasonable further deadline.
(6) The customer’s recourse claims pursuant to § 478 BGB exist against us only insofar as the customer has not made any agreements with its customer that go beyond the statutory defect claims.
(7) The sale of used goods is made with the exclusion of any liability for material defects.
(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we are liable—unless otherwise specified in paragraph 3—only in the event of breach of a contractual obligation, the fulfillment of which enables the proper performance of the contract in the first place and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and only 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 remains unaffected by the above limitations and exclusions of liability.
The limitation period for claims due to defects in newly manufactured goods and for claims due to our liability for damages is one year. This does not apply insofar as longer periods are prescribed pursuant to §§ 438 paragraph 1 no. 2 (buildings and items for buildings), 479 paragraph 1 (recourse claims), and 634a paragraph 1 no. 2 BGB (construction defects), as well as in cases of injury to life, body, or health, in the event of intentional or grossly negligent breach of duty on our part, and in the case of claims for damages under the Product Liability Act.
In the event of force majeure, our delivery or performance obligations are suspended; if a material change occurs in the circumstances existing at the time of conclusion of the contract, we are entitled to withdraw from the contract. Circumstances beyond our control that make delivery or performance substantially more difficult or impossible are equivalent to force majeure, regardless of whether these circumstances occur with us or with a supplier or vicarious agent.
We hold copyrights to all images, videos, and texts published in our online shop. Use of the images, videos, and texts is not permitted without our express consent.
(1) The law of the Federal Republic of Germany applies, excluding 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 apply to local and international jurisdiction.
(3) Should individual or multiple provisions of these General Terms and Conditions of Sale be invalid, this does not affect the validity of the contract and the remaining terms and conditions. Invalid provisions are replaced by statutory provisions.