Standard Business Terms and Customer Information
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions shall apply to all contracts that you, as the supplier (Wiedenmann GmbH, Am Bahnhof, 89192 Rammingen, Germany), have concluded with us via the website wdmportal.es-shops.de/eshop.php, unless otherwise agreed upon in writing by the parties. Deviations or conflicting terms and conditions shall be applicable only upon our express consent.
(2) We offer our goods only to those entities who qualify as a natural or legal entity or a legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity that acts in conformance with its commercial or independent professional business (entrepreneur). Concluding a purchasing agreement with consumers is excluded.
§ 2 Conclusion of the contract
(1) The price stated in the respective offers are net prices. They do not include the statutory VAT.
(2) Our offers on the website are non-binding and do not represent a binding offer to conclude a contract.
(3) You can submit a binding contractual offer (order) via telephone, e-mail, fax, post or via the online shopping basket system.
When purchasing via the online shopping cart system, the goods that you wish to purchase shall be placed in the “shopping cart”. You can access the “shopping cart” by clicking the relevant button in the navigation bar and can make changes to it at any time. After opening the “Pay Now” page and entering your personal data along with the payment and shipping terms, the order information shall be displayed once more time.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When you submit an order by clicking the relevant button, you submitt a binding offer to us. You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you do not receive a message to that effect during this period, the order shall no longer be binding. In such a case, any services rendered shall be refunded immediately
(5) We submit individual offers upon request, which shall be sent to you as a hard copy and which we shall be binding for us for a period of 5 days. You can accept the offer by sending us a written confirmation.
(6)The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Prices, terms of payment and shipping costs
(1) The prices mentioned in the respective offers represent net prices. They do not include the statutory VAT.
(2) The incurred shipping costs are not included in the purchase price, but are calculated separately, provided delivery free of charges has not been agreed upon. Details can be viewed by pressing the relevant button on our website and in the relevant offer, upon request.
(3) If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or
money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
(4) You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the
payment is initiated outside of the European Union.
(5) The payment methods available to you are specified under a correspondingly-designated button on our website, or in the respective offer. Unless otherwise specified for the respective payment methods on the invoice, the payment claims arising from the contract that has been concluded become payable immediately. Subtraction of early payment discount is only permissible if this has been explicitly agreed upon in the respective offer or in the invoice.
(6) SEPA debit note (base and/or corporate debit note)
If payment is to be made via a SEPA base debit note or a SEPA corporate debit note, you authorize us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate. In case the goods are delivered to a location in Germany, the debit note is collected within a period of 8-10 days after the conclusion of the contract. In case of foreign shipments, it is collected within a period of 8-30 days after the conclusion of the contract. The deadline for sending the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge. We reserve the right to prohibit the use of the payment methods associated with SEPA base debit notes and/or SEPA corporate debit notes in individual cases.
§ 4 Terms of delivery
(1) The anticipated delivery deadline is specified in the respective offering. Delivery dates and lead times are only binding when they are confirmed by us in writing. For the payment type advance payment by remittance, the goods are only shipped upon receipt of the complete purchase price and delivery charges.
(2) If, contrary to expectations, a product ordered by you should not be available for a reason out of our control, despite punctual conclusion of an adequate degree of coverage, you will be informed without delay about the unavailability and in the event of withdrawal of the order, any already executed payments shall be reimbursed without delay.
(3) The delivery and shipping operations are performed at your own risk. If you desire, shipping is performed with a corresponding transport insurance, whereby you are responsible for paying the incurred costs.
(4) Partial deliveries are permissible and we can independently invoice them, provided that you are not charged with additional shipping costs as a consequence.
§ 5 Statutory warranty
(1) The warranty period shall last for one year from the delivery of the goods. The reduction in time-limit does not apply:
to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
for statutory recourse claims, which you have against us in connection with warranty rights.
(2) In terms of the quality of the goods, only our own information and the product description of the manufacturer shall be deemed to have been agreed, and not other advertising, public promotions and statements made by the manufacturer.
(3) In case of defects, we provide guarantee through repair or replacement at our own discretion. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
§ 6 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
(3) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
(4) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
(5) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 Choice of law, place of fulfilment, jurisdiction
The German law shall apply with the exclusion of the UN purchasing law. The place of fulfilment as well the court of jurisdiction shall be our headquarters.
II. Customer information
1. Identity of the seller
2. Information regarding the conclusion of the contract
The technical steps for forming the contract and the formation of the contract, as well as the scope for correction are carried out as per the stipulation of § 2 of our General Terms and Conditions (part 1).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The entire contract wording shall not be saved by us. Before the order or request is submitted the contract information can be printed using the print function on the browser or saved electronically.