General terms and conditions for online sales
Biohotel LindenGut near Fulda
§ 1 General - Scope
- These general terms and conditions apply exclusively to online trading by W-E-G GmbH & Co. KG on our website. The general terms and conditions apply both to contracts with entrepreneurs within the meaning of § 14 BGB and for contracts with consumers within the meaning of § 13 BGB.
Customers in the sense of the terms and conditions are both consumers and entrepreneurs.
- Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or legal partnerships with whom a business relationship is entered into and who act as a result of a commercial or independent professional activity. Consumers in the sense of the terms and conditions are natural persons for whom the purpose of the legal transaction can neither be attributed to their commercial nor their independent professional activity.
- We, W-E-G GmbH & Co. KG, are your contractual partner. By clicking the button “order by e-mail” or “order by phone” you accept our terms and conditions in the currently valid version as the only authoritative one. Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract, unless their validity is expressly agreed in writing.
§ 2 conclusion of contract
- The presentation of the goods on our homepage does not constitute a binding offer on our part. We reserve the right to make technical changes as well as changes in shape, color and / or weight within the scope of what is reasonable.
- By ordering goods by clicking the button “order by e-mail” or “order by phone”, the customer makes a binding declaration that he wishes to purchase the ordered goods. The confirmation of the receipt of the order follows immediately after the order has been sent; it does not yet constitute an acceptance of the contract. We are entitled to accept the contract offer contained in the order within one week of receiving the order. The purchase contract is concluded with our delivery confirmation in text form or with delivery of the goods.
- A sale is only made to people who have reached the age of 18.
§ 3 Terms of Payment
- Our sales prices are made up of the product price and shipping costs, including the applicable statutory value added tax. In the case of entrepreneurs, the statutory VAT is shown separately on the invoice. For cashless payments, the time of credit is decisive; the customer bears the risk of the payment method.
- The purchase price is due immediately with the order without any deductions. A cash discount is excluded.
- In the event of default in payment, we are entitled to demand interest at the statutory rate, in the case of consumers in the amount of 5 percentage points above the applicable base rate, and in the case of entrepreneurs in the amount of 8 percentage points above the applicable base rate. However, we reserve the right to claim higher damage caused by default in individual cases. You expressly reserve the right to provide evidence that no damage was incurred or that it was significantly lower than that claimed by us.
- We can set dunning costs per reminder in the amount of 5.00 €.
- Offsetting against our claim is excluded, unless the offsetting claim is undisputed or has been legally established. You are only entitled to a right of retention if it is based on the same contractual relationship.
- If you make use of your right of withdrawal, you have to bear the regular costs of the return, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if you are at a higher price of the goods at the time of Revocation have not yet made the consideration or a contractually agreed partial payment. Otherwise, the return is free for you.
§ 4 delivery / force majeure
- Delivery dates or times specified by us are approximate, unless they are expressly confirmed as fixed dates in writing. If we fail to meet binding delivery deadlines and we are responsible for this, we are liable for compensation for any damage that you can prove. This does not apply if the delay is due to force majeure or other impairment of our delivery options through no fault of our own – circumstances and occurrences which cannot be prevented with due diligence in proper operational management apply as such. Cases of force majeure also include transport disruptions, operational disruptions, delays in the delivery of raw materials, official measures and any form of industrial action. The customer will be informed of the unavailability of the service within the contract acceptance period of one week.
- In the case of consumers, the risk of sending the goods is transferred to you when the goods are handed over. In the case of entrepreneurs, the risk is transferred as soon as the goods have been handed over to the express or courier service for delivery to you and the goods are insured for the amount of the purchase price. In the event of collection by the entrepreneur, the risk is transferred when the goods are taken over from the collection point. The handover is the same if the buyer is in default of acceptance.
§ 5 data protection
- We use the personal data you provide (title, name, address, email address, telephone number, fax number, etc.) in accordance with the provisions of the GDPR. Your personal data will only be used to process the sales contracts concluded between us, for example for the delivery of goods to the address you have given.
§ 6 retention of title
- In contracts with companies, we reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full for the goods delivered.
- In the event of a breach of duty by the customer, we are entitled, in particular in the event of default in payment, to withdraw from the contract and to demand the return of the goods.
- The entrepreneur is obliged to notify us immediately of any third party access to the goods, for example in the event of a seizure, as well as any damage or destruction of the goods.
- In the case of retention of title, the entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount that accrue to him through the resale to a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We will not disclose the assignment unless the entrepreneur is at least two weeks in arrears with a due claim. In this case, the entrepreneur undertakes to notify his business partners of the assignment granted to us and to submit his complete list of debtors to us immediately. In this case, we have the right to inspect the entrepreneur’s books to determine the names and addresses of our customer’s business partners. We undertake to release the securities to which we are entitled at the request of the entrepreneur when the realizable value of our securities exceeds the claim to be secured by more than 10%. We are entitled to choose between different security rights.
§ 7 cancellation policy
Consumers – when applying the regulations on distance sales contracts – have a right of withdrawal in relation to the purchased items with the exception of distance sales contracts for the delivery of perishable goods or whose expiry date has been exceeded in accordance with the following instruction:
- Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, 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. The revocation must be sent to: W-E-G GmbH & Co. KG, Gerloser Weg 70, 36039 Fulda, Email: firstname.lastname@example.org
- Consequences of cancellation
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. If you have requested that the service should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the portion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided for in the contract.
§ 8 Liability for material defects / warranty
- We guarantee that the goods to be delivered are in conformity with the contract at the time the risk passes to the customer. With regard to the type, scope and quality of the delivery item, only the information contained in the presentation on the homepage is decisive. Information in other brochures, catalogs or advertisements from W-E-G GmbH & Co. KG are not binding in this respect.
- If the buyer is an entrepreneur, we shall initially provide a guarantee for defects or goods by replacement delivery at our option.
- If the buyer is a consumer, he first has the choice of whether the supplementary performance should be carried out by repair or replacement. However, we are entitled to refuse the type of willful supplementary performance if it is now possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
- If the supplementary performance fails for the second time, the customer can in principle, at his option, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, in the event of a minor lack of conformity, especially in the case of only minor defects, the customer has no right of withdrawal.
- Consumers must notify us of obvious defects in writing within a period of 14 days. This notice period begins with the delivery of the goods. The sending of the notification is decisive for meeting the deadline. Entrepreneurs must notify us in writing of obvious defects immediately upon receipt of the goods, otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.
- For entrepreneurs, the warranty period is 1 year. The warranty period for consumers is 2 years. This does not apply if the customer did not notify us of an obvious defect in good time (see section 5 of this provision). The warranty periods begin to run from the point in time at which risk is transferred.
- The customer does not receive any guarantees in the legal sense from us.
§ 9 obligation of the buyer
- If the buyer is an entrepreneur, he undertakes to comply with the following requirements by means of an independent guarantee promise when concluding the contract: All labels made by WEG GmbH & Co. KG (prepackaged, service and transport packaging) are binding and may not be changed by the buyer . The goods are to be stored, transported, etc. by the entrepreneur upon acceptance in such a way that any lasting influence within the meaning of the LMHV and the EC organic regulation 834/2007 are excluded.
§ 10 liability
- We are liable for damages if we, our legal representatives or our vicarious agents are accused of intent or gross negligence. We are also liable if guarantees have been given or if the damage is caused by our delay or by impossibility of performance for which we are responsible.
- In the case of slightly negligent breaches of duty, our liability is limited to the damage typically occurring in the present transaction. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
- The above limitations of liability do not affect customer claims arising from product liability. Furthermore, the limitations of liability do not apply to damage resulting from injury to life, limb or health of the customer.
- Claims for damages by the customer due to a defect become statute-barred after one year from the transfer of risk. This does not apply if we be accused of fraud.
- According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free or available at all times. We are therefore neither liable for the constant and uninterrupted availability of our online trading system nor for technical or electronic errors over which we have no influence, in particular not for the delayed processing or acceptance of offers.
§ 11 final provisions
- The law of the Federal Republic of Germany. The provisions of the UN sales law do not apply.
- If the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from this contract is our place of business in Fulda. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual abode are not known at the time the action is brought.
- Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.