2019
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the company
Paul Wiegand GmbH,
36124 Eichenzell-Kerzell
Managing Directors: Martin Schulz, Frederik Dux
Fulda Register Court HRB 2251,
Telephone: +49 (0) 6659 / 9862-0
Fax: +49 (0) 6659 / 9862-150
Email address: info@paulwiegand.de
and you as our customer.
(2) All agreements reached between you and us in connection with the purchase contract arise 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 be decisive.
(4) We do not accept any terms and conditions of the customer that deviate from these. This shall also apply if we do not expressly object to their inclusion.
(1) The presentation and advertising of items 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 with obligation to pay”, you place a legally binding order. You shall be bound by the order for a period of two (2) weeks after placing it.
(3) We will confirm receipt of your order placed via our online shop without delay by email. This email does not yet constitute a binding acceptance of the order unless acceptance is declared in it at the same time as the acknowledgement of receipt.
(4) The contract shall only be concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
(5) If delivery of the goods ordered by you is not possible, for example because the relevant goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, the contract shall not be deemed concluded. We will inform you immediately and refund without delay any consideration already received.
(1) We are entitled to make partial deliveries, provided this is reasonable for you.
(2) The delivery period shall be five (5) business days unless otherwise agreed. Subject to the provisions of paragraph 3, it shall commence upon conclusion of the contract.
(3) In the case of orders from customers whose registered office or place of residence is abroad, or if there are well-founded indications of a risk of non-payment, we reserve the right to make delivery only after receipt of the purchase price plus shipping costs (reservation of advance payment). If we make use of the reservation of advance payment, we will notify you immediately. In this case, the delivery period shall commence 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 (VAT), plus the applicable shipping costs.
(2) Shipping costs are specified in our price information in the online shop. The price, including VAT and applicable shipping costs, will also be displayed in the order form before you submit the order.
(3) If we fulfil your order by partial deliveries in accordance with Section 4 para. 1, you will only be charged 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 must be paid no later than within 10 days of receipt of our invoice.
(2) The purchase price and shipping costs must be transferred to our account specified in the online shop. In the case of a direct debit authorisation or payment by EC/Maestro or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A direct debit authorisation granted shall remain valid for future orders until revoked.
(3) You shall not be entitled to set off your debts against our claims unless your counterclaims have been legally established or are undisputed. You shall also be entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
(4) As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
(1) We retain title to the goods sold until full payment of all our claims arising from the purchase contract and from an ongoing business relationship (secured claims).
(2) Goods subject to retention of title may not be pledged to third parties or assigned as security before full payment of the secured claims. The customer must notify us immediately in writing if an application is filed to open insolvency proceedings or in the event of seizures by third parties of goods belonging to us.
(3) In the event of a breach of contract by the customer, in particular due to non-payment of the due purchase price, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand return of the goods on the basis of the retention of title. The demand for return does not simultaneously constitute a declaration of withdrawal; rather, we are entitled to demand only the return of the goods and reserve the right to withdraw. If the customer does not pay the due purchase price, 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 under the statutory provisions.
(4) Until revoked in accordance with point (c) below, the customer is authorised 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 extends to the full value of the products resulting from processing, mixing or combining our goods, with us being deemed the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their ownership rights remain in place, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Otherwise, the same shall apply to the resulting product as to the delivered goods subject to retention of title.
(b) The customer hereby assigns to us, as security, all claims against third parties arising from the resale of the goods or the product, or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The customer’s obligations mentioned in paragraph 2 shall also apply with regard to the assigned claims.
(c) The customer shall remain authorised, together with us, to collect the claim. We undertake not to collect the claim as long as the customer meets its payment obligations towards us, there is no deficiency in its ability to pay, and we do not assert the retention of title by exercising a right under paragraph 3. If this is the case, we may require the customer to inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment. In addition, in this case we are authorised to revoke the customer’s authority to resell and further process the goods subject to retention of title.
(d) If the realisable 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 supplied by us comply with the applicable German regulations and standards. We do not assume any warranty for compliance with other national regulations. If the customer uses the products abroad, the customer undertakes to check compliance with the relevant legal systems and standards and, if necessary, to make adjustments.
(2) The customer may not assert any rights for defects in our supply and performance if the value or suitability of the supply and performance is only insignificantly reduced.
(3) Provided that the supply or performance is defective and the customer has complied with the inspection and notification obligations under Section 377 of the German Commercial Code (HGB), we will, at our discretion, provide subsequent delivery or remedy the defect (subsequent performance). For this purpose, the customer must grant us the opportunity within a reasonable period of at least 10 business days.
(4) The customer may demand reimbursement of the expenses necessary for subsequent performance, provided that the expenses do not increase because the subject of the supply has subsequently been moved to a place other than the original place of delivery, unless the move corresponds to its intended use.
(5) If subsequent performance fails, the customer may reduce the remuneration or withdraw from the contract. However, withdrawal shall only be permissible if the customer has previously expressly notified us in writing, granting a reasonable additional period.
(6) The customer’s rights of recourse under Section 478 of the German Civil Code (BGB) shall exist against us only to the extent that the customer has not reached agreements with its buyer that go beyond the statutory claims for defects.
(7) The sale of used items is carried out with the exclusion of any liability for material defects.
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases—unless otherwise provided in paragraph 3—we shall only be liable in the event of a breach of a contractual obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance you, as the 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 paragraph 3.
(3) Our liability for damages arising from injury to life, body or health, as well as under the Product Liability Act, shall remain unaffected by the above limitations and exclusions of liability.
The limitation period for claims for defects in newly manufactured items, as well as for claims arising from our liability for damages, is one year. This shall not apply if longer limitation periods apply in accordance with Sections 438 para. 1 no. 2 (buildings and items for buildings), 479 para. 1 (right of recourse) and 634a para. 1 no. 2 of the BGB (construction defects), as well as in cases of injury to life, body or health, in the event of a breach of obligations due to intent or gross negligence on our part, and in claims for damages under the Product Liability Act.
In the event of force majeure, our delivery or performance obligations shall be suspended; if there is a substantial change in the circumstances existing at the time the contract was concluded, we shall be entitled to withdraw from the contract. All circumstances beyond our control that substantially impede or make delivery or performance impossible shall be deemed equivalent to force majeure, regardless of whether such circumstances occur at our company or at a supplier or vicarious agent.
We hold the copyright to all images, videos and texts published in our online shop. Use of these images, videos and texts is not permitted without our express consent.
(1) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction shall be the seller’s registered office, Eichenzell-Kerzell. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Should one or more provisions of these General Terms and Conditions of Sale be invalid, the validity of the contract and the remaining provisions shall not be affected thereby. The invalid provisions shall be replaced by the statutory provisions.