§ 1 General information, clientele

 

(1) The following conditions apply to all quotes, sales contracts, deliveries and services due to orders which were not transacted via our online shop, unless no other arrangements were made in the individual case. Regulations to the contrary shall not be effective in law. The ordering party acknowledges our conditions by placing the order or by receipt of delivery.

 

Quotes, sales contracts, deliveries and services due to orders of our customers via the online shop www.witte.werkzeuge.de and all sub-domains belonging to this domain (“Web Shop”) are subject to the General Terms of Sale for online sales.

 

(2) The order shall be binding for us by our confirmation in writing or the actual delivery. Changes, amendments or other supplements shall be agreed in writing.

 

 

§ 2 Conclusion of contract

 

(1) Our offers are non-binding; cost estimates are without obligation.

 

(2) Our prices are in Euro ex works and do not include packaging, freight, postage, customs duty, plus applicable value-added tax.

 

(3) The order will be binding to us by our written confirmation or the actual delivery. Changes, amendments or other supplements shall be agreed in writing.

 

 

§ 3 Prices, payment, shipping costs

 

(1) The list prices at the time of ordering apply to all deliveries and services. Our prices include the statutory sales tax, however no shipping costs.

 

(2) Unless expressively agreed otherwise we deliver only against prepayment. Our invoices shall be due immediately and shall be paid without deduction.

 

(3) We charge a shipping fee to the amount of EUR 5.95 incl. VAT.

 

(4) The minimum order value is EUR 10.00 (without shipping fee).

 

 

§ 4 Delivery

 

(1) Deliveries will be made only in the Federal Republic of Germany.

 

(2) The ordered goods will be shipped from our warehouse in Hagen to the address stated in the order. This does not apply to P.O. boxes and parcel pick-up stations. As a basic principle, orders will be delivered only after receipt of the complete payment.

 

(3) Information on the expected delivery time shall not be binding, unless we expressively ensure a delivery date in the individual case.

 

(4) If no exemplars are available of the product selected by a customer we will immediately inform the customer in an order confirmation. If the product is permanently unavailable we refrain from an order confirmation. In this case no contract will be concluded.

 

(5) If the product identified by the customer in the order is only temporarily not available we will also inform the customer immediately in an order confirmation. In the event of delay in delivery for longer than two weeks the customer is entitled to withdraw from the contract. Incidentally we are also entitled in this case to withdraw from the contract. We will then immediately reimburse any payments the customer may already have made.

 

(6) We are entitled to partial delivery of products which can be used separately and were combined in one order and we will bear the additional shipping costs incurred.

 

 

§ 5 Shipment, insurance, transfer of risk

 

(1) Unless expressively agreed otherwise we will determine the appropriate way of shipping and the forwarding company at our reasonable discretion.

 

(2) We only owe proper delivery of the goods in due time to the forwarding company and shall not be responsible for delays caused by the forwarding company.

 

(3) If the customer is a consumer the risk of accidental perishing accidental damage or accidental loss shall transfer to the customer at the time when the goods are delivered to the customer or the customer is in default of acceptance. In all other cases the risk shall transfer to the customer by delivery of the goods to the forwarding company.

 

(4) We will insure the goods against the customary transport risks at out expense.

 

 

§ 6 Reservation of title

 

We reserve the title in the goods delivered by us until complete payment of the purchase price (incl. sales tax and shipping costs) for the goods concerned.

 

 

§ 7 Warranty

 

(1) If the delivered goods have a defect as to quality the customer may initially demand removal of defects or delivery of goods free from defects; if the customer is entrepreneur we may choose between removal of defects or delivery of goods free from defects. We can deny the type of supplementary performance selected by the customer if this is possible only with unreasonable costs.

 

(2) If the supplementary performance according to § 7 clause 1 fails or is unreasonable for the customer or if we deny the supplementary performance the customer is entitled to withdraw from the sales contract, to reduce the purchase price or to demand damages or compensation for wasted expenditures. Furthermore, the special provisions § 8 of these Terms of Sale shall apply to claims of the customer for damages.

 

(3) The warranty period is two years as of delivery if the customer is a consumer, otherwise twelve months as of delivery.

 

(4) The following shall apply to entrepreneurs only: The customer shall carefully examine the goods immediately after consignment. The delivered goods shall be deemed approved by the customer if we are not notified of a defect (i) in the event of obvious defects within five working days after delivery, or otherwise (ii) within five working days after discovery of the defect.

 

 

§ 8 Liability

 

(1) Claims of customers for damages shall be excluded. This does not apply to claims of customers for damages resulting from death, bodily injury, damage to health or breach of essential contractual obligations (material contractual obligations) as well as liability for other damage resulting from intentional or grossly negligent breach of an obligation of the vendor, his statutory representatives or vicarious agents. Essential (material) contractual obligations are such obligations the fulfilment of which render possible proper execution of the contract and on which the customer may rely on.

 

(2) In the event of breach of essential contractual obligations the vendor shall be liable only for the foreseeable damage typical for this type of contract if this was caused slightly negligent, unless claims of the customer for damages resulting from death, bodily injury, damage to health are involved.

 

(3) The limitations of clause 1 and 2 apply also in favour of the vendor’s statutory representatives or vicarious agents if claims are asserted directly against them.

 

 

§ 9 Data protection

 

(1) We collect customer data in the scope of contract processing. In this regard we observe in particular the provisions of the German Data Protection Act and the German Telemedia Act. Without the consent of the customer we will collect, process or use the customer’s basic information and website usage data only as necessary for processing the contractual relationship and for usage and settling accounts for teleservices.

 

(2) We will not use the customer’s data for purposes of advertising, market or opinion research without the customer’s approval.

 

 

§ 10 Applicable law and place of jurisdiction

 

(1) Subject to mandatory provisions under international private law, the sales contract between us and the customer is based on the law of the Federal Republic of Germany with the exclusion of the United Nations Convention for the International Sale of Goods.

 

(2) If the customer is merchant in terms of § 1 clause 1 HGB (German Commercial Code) or a legal entity under public law the courts in Iserlohn (Germany) shall be exclusively responsible for all disputes arising out of or in connection with the corresponding contractual relationship. In all other events we or the customer can take action at any court having jurisdiction by reason of statutory provisions.

 

 

Issued: September 2016