GTC

§ 1 Validity

(1) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions (GTC). These are an integral part of all contracts that we conclude with consumers or entrepreneurs (hereinafter referred to as “customer” or “buyer”) for the goods offered by us. Orders placed by our customers via our online store https://www.weegmueller.de/. (hereinafter referred to as the “Online Shop”) are also subject to these General Terms and Conditions.

(2) For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity that is acting in the exercise of their commercial or independent professional activity when concluding the contract (Section 14 (1) BGB).

(3) Terms and conditions of our customers shall not apply, even if we do not separately object to their validity in individual cases.

(4) Our sales personnel are not authorized to enter into verbal agreements with the customer which amend or supplement these General Terms and Conditions of Sale.

§ 2 Contractual partners

The purchase contract is concluded with: Weegmüller GmbH, Mandelring 23, 67433 Neustadt an der Weinstraße, VAT ID: DE 34 28 59 341. You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 6:00 p.m. by calling +49 6321 83772 or by email at info@weegmueller.de.

§ 3 Offer and conclusion of contract

(1) Offers and prices contained in brochures, advertisements and other advertising material are subject to change and non-binding. The presentation of products in the online store does not constitute a legally binding offer, but an invitation to order. Errors excepted.

(2) By placing an order in the online store, the customer makes a binding offer to purchase the relevant product. We can accept the offer until the end of the third working day following the day of the offer.

(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer via the online store, which does not constitute acceptance of the offer. The offer shall only be deemed to have been accepted by us as soon as we declare acceptance to the customer by e-mail or dispatch the goods. The purchase contract with the customer is only concluded upon our acceptance

(4) Every customer who is a consumer is entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions provided to them on our website as part of the order.

(5) The customer is bound to an order placed by him for 14 calendar days after dispatch. We are entitled to accept the offer within this period. The time at which the customer receives our acceptance shall be decisive for compliance with the deadline. The dispatch of the ordered goods shall also be deemed as acceptance.

(6) Furthermore, the customer can also submit the offer to us by telephone, fax, email or post.

§ 4 Contract text, data protection

We may only process and store the data relating to the respective purchase contracts within the framework of the applicable statutory provisions. The details can be found in the privacy policy available on our website.

§ 5 Right of withdrawal

Consumers have a fourteen-day right of withdrawal.

Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods – in the case of several goods: the last goods. To exercise the right to cancel, you must inform us: Weegmüller GmbH, Mandelring 23, 67433 Neustadt an der Weinstraße, Fax: +49 6321 480772, E-Mail: info@weegmueller.de of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

§ 6 Prices and shipping costs

(1) Unless otherwise stated in our product description, the prices quoted are total prices that include statutory VAT.

(2) Unless expressly agreed otherwise in writing, our prices shall apply for collection from our warehouse, including packaging.

(3) Any additional delivery and shipping costs will be indicated separately in the respective product description.

(4) The shipping costs shall be borne by the Buyer; they shall include the costs of any transportation insurance taken out by us.

(5) The shipping costs depend on the quantity of goods ordered and the shipping method and will be clearly communicated to customers before they place their binding order.

(6) In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which we are not responsible and which are to be borne by the customer. These include, for example, customs duties, fees and other public charges for export deliveries.

§ 7 Delivery and delivery time

(1) Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transportation company at our reasonable discretion. The delivery address given to us in the order shall be decisive.

(2) If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in our revocation instructions shall apply to the return costs.

(3) Customers can find information on delivery times on the respective product page.

(4) Unless a fixed deadline or a fixed date has been agreed in writing, our deliveries and services must be provided within a period of 14 working days.

(5) Should we fail to meet an agreed delivery date, the Buyer shall grant us a reasonable grace period, which shall in no case be less than two weeks.

(6) All periods for the dispatch of the goods specified by us in the order or otherwise agreed shall commence (a) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment by cash on delivery or on account has been agreed, on the day of the conclusion of the purchase contract. The day on which we hand over the goods to the shipping company shall be decisive for compliance with the shipping date.

(7) We are entitled to sell off the goods at any time (even if they are marked as “in stock” on the order form) if delivery is made against advance payment and payment is not received by us within a period of five working days after our acceptance of the offer. In this case, the goods will only be dispatched within the period agreed or specified by us while stocks last; otherwise a period of three weeks shall apply.

(8) In the event that our supplier does not deliver goods to us on time which are indicated on the order form as “not in stock” or which have been sold off in accordance with para. 3, the relevant delivery period shall be extended until delivery by our supplier plus The delivery period shall be extended by a period of three working days, but by a maximum total period of three weeks, provided that we are not responsible for the delay in delivery by our supplier and that we have reordered the goods before the conclusion of the purchase contract (or, in the case of paragraph 3, the time of sale) in such good time that timely delivery could be expected under normal circumstances. If the goods are not available through no fault of our own or cannot be delivered on time despite timely reordering, we are entitled to withdraw from the purchase contract. We shall immediately notify the customer of the non-availability of the goods and, in the event of withdrawal, immediately reimburse any payments made to us.

(9) If the customer has purchased several separately usable products in one order, we may also send these in several separate deliveries, whereby we shall bear the additional shipping costs incurred as a result. This shall not restrict the customer’s statutory rights with regard to timely and proper delivery.

(10) We only owe the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us (period between handover by us to the transport company and delivery to the customer) is therefore non-binding.

(11) The risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance.

(12) In the case of self-collection, we will first inform the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods from our business premises by arrangement with us. In this case, no shipping costs will be charged.

(13) The place of performance is Neustadt/Weinstraße.

§ 8 Payment

(1) Unless expressly agreed otherwise, we only deliver against prepayment (in the manner specified on the order form in the online store) or cash on delivery, in each case against invoice. Technical staff, drivers and service employees in the field are not authorized to collect payment.

(2) We reserve the right to supply new customers only against advance payment. If advance payment is chosen, we will provide the customer with our bank details in the order confirmation.

(3) The invoice amount must be transferred to our account within 14 days. For payment by

invoice, the invoice amount must be transferred to us within 14 days of the invoice date.

(4) The customer may only offset his own claims against our claims or retain services owed by him if his counterclaims are undisputed or have been legally established or are based on the same contractual relationship.

§ 9 Retention of title

(1) We reserve title to the delivered goods until the purchase price for these goods has been paid in full. We are entitled to take back the purchased goods if the customer acts in breach of contract.

(2) The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him.

§ 10 Warranty and liability

(1) In the event of defects in the delivered goods, the customer shall be entitled to the statutory rights. However, if the customer is an entrepreneur, we may choose between remedying the defect or delivering a defect-free item; this choice can only be made by notifying the customer in text form (including by fax or e-mail) within three working days of receipt of the notification of the defect.

(2) We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of its representatives or vicarious agents. Furthermore, we shall be liable for culpable breaches of material contractual obligations in accordance with the statutory provisions. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. Insofar as we are not accused of intent or gross negligence, liability for damages in the event of a breach of material contractual obligations shall be limited to the foreseeable damage typically occurring in contracts of this type. This does not imply a change in the burden of proof to the detriment of the customer.

(3) The above limitation of liability shall not apply to our liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.

(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if a defect is not (i) in the case of obvious defects within five working days of delivery or (ii) is otherwise notified within five working days of discovery of the defect.

(5) The following also applies to entrepreneurs only: Insofar as the seller is liable for damages on the merits, this liability is limited to damages which the seller foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which he should have foreseen if he had exercised due care. Indirect damage and consequential damage resulting from defects in the delivery item are also only eligible for compensation if such damage is typically to be expected when the delivery item is used as intended.

§ 11 Protection of minors

No deliveries are made to persons under the age of 16. Fulfillment must be confirmed during the ordering process.

§ 12 Applicable law and place of jurisdiction

(1) The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, if the customer is a consumer and has his habitual residence in another country, he shall continue to be protected in accordance with the relevant provisions of the country of residence, which may not be deviated from by agreement.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if he has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between the seller and the customer shall be Neustadt an der Weinstraße at the seller’s discretion. In these cases, Neustadt an der Weinstraße shall also be the exclusive place of jurisdiction for legal action against the seller. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.

§ 13 Miscellaneous

(1) As an online retailer, we are obliged to inform customers of the European Commission’s Online Dispute Resolution (ODR) platform. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchases in which a consumer is involved. This platform can be accessed via the following Internet address: https://www.ec.europa.eu/consumers/odr

(2) Should any provision of this contract be invalid, this shall not affect the validity of the remaining provisions of the contract. Rather, the provision should be replaced by a provision that is legally permissible and comes closest to the original provision.

Neustadt an der Weinstraße, July 2021