Terms of Service KnowHow - Shop

General terms and conditions of Wammes und Partner GmbH

Note: The following translation of our "General Terms and Conditions of Business" is for information purposes only and is not legally binding.
You can find our official general terms and conditions in German language here.

1. General
(1) These terms and conditions apply to all contracts, deliveries and other services of Wammes und Partner GmbH, An der Weidenmühlen 2, 67598 Gundersheim (hereinafter: "Seller"), vis-à-vis its customers regarding the sale of goods via the online shop under https://www.wammes.eu/en/shop-wup-en as well as all sub-domains belonging to the domain.
Deviating regulations of the customers do not apply, unless the seller has expressly confirmed this in writing.

(2) The business relations between the seller and the customers are subject to the law of the Federal Republic of Germany.
In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
The validity of UN purchase law is excluded.

(3) Agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these terms and conditions.

(4) The contract language is German and English. The authoritative text shall be the text in the German language.

(5) In the online shop, the customer can call up and print out the order overview and the general terms and conditions.
Otherwise, the text of the contract is stored by the seller after the conclusion of the contract, but is not accessible to the customer.

(6) The place of jurisdiction is Mainz, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
The same applies if a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual abode is not known at the time the action is filed.

(7) Customers who are consumers have the possibility to use alternative dispute resolution.
The following link of the EU Commission (also called OS Platform) contains information on online dispute resolution and serves as a central contact point for out-of-court settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr.

(8) Duty to inform according to the Consumer Dispute Settlement Act (§ 36 VSBG): The seller is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.

2. Contents of contract and conclusion of contract
(1) The seller offers his customers in his online shop, the so-called KnowHow-Shop, various new and used goods (especially materials for obsolescence supply, technical literature) for purchase.
The offers of the seller are directed to customers in the Federal Republic of Germany.

(2) The purchase contract is concluded in the online shop as follows:
 (a) If the customer has chosen the payment method "credit card", the contract is concluded at the time of the credit card debit.
 (b) In all other cases, the purchase contract is concluded when the seller accepts the customer's order.
The Seller is entitled to accept the offer contained in the order within 3 working days by sending an order confirmation.
The receipt of the order and the conclusion of the contract are confirmed to the customer by e-mail.
Prior to the binding submission of his order by clicking the button "pay order", the customer can correct all entries continuously using the usual keyboard and mouse functions.
In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse or, if necessary, touch screen functions.

(3) With the notification of the conclusion of the contract, the customer receives the text of the contract and these General Terms and Conditions, as well as the cancellation policy.

(4) Commercial customers also have the opportunity to request consulting and services from the seller via the KnowHow-Shop.
After receipt of such an inquiry, the seller submits a separate offer to the customer by e-mail, letter or fax.
A contract is only concluded when the customer accepts this offer. For these contracts, the separate terms and conditions for consulting services provided by the seller to commercial customers apply.

3. Prices, sales tax and payment
(1) All prices include the statutory value added tax. The prices do not include shipping and packaging costs, which will be communicated to the customer before the order or an offer is submitted.
The amount of the shipping costs depends on the weight and dimensions of the goods, the type of goods (dangerous goods) as well as the desired destination and the order value.
An overview of the shipping costs is available in the online shop.

(2) The delivery of the customer by the seller is carried out according to the customer's wishes against prepayment (bank transfer, payment by credit card) or by cash payment upon collection.

(3) If the customer chooses advance payment by bank transfer, payment is due no later than 7 calendar days after conclusion of the contract.

(4) If a customer defaults on his payment obligations, the seller may demand compensation for damages in accordance with the statutory provisions.

(5) The seller always issues an invoice to the customer, which is handed over to the customer upon delivery of the goods or is otherwise received in text form.

4. Delivery and transfer of risk 
(1) The ordered goods will be delivered to the address provided by the customer, unless otherwise agreed in the contract.
Unless otherwise agreed, delivery shall be made exclusively within the countries specified in clause 2 (1), from the Seller's warehouse.

(2) The availability of the individual goods and their delivery time is indicated in the item descriptions.

(3) The seller reserves the right to make a partial delivery, if this appears advantageous for a speedy processing and the partial delivery is not unreasonable for the customer in exceptional cases.
Additional costs arising from partial deliveries will not be charged to the customer.

(4) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon delivery.
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.

5. Warranty and liability 
(1) The seller is liable for material defects and defects of title in accordance with the statutory provisions.

(2) Defects are to be reported by consumers to the seller within a warranty period of 2 years for new items or one year for used items.
For commercial customers the warranty period for new items is 1 year and for used items the warranty is excluded.
The shortening of the warranty period or the exclusion of warranty shall not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not to claims for damages by the customer which are aimed at compensation for physical injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault of the seller or his vicarious agents.

(3) Outside of the liability for material defects and defects of title, the seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
He shall also be liable for the slightly negligent breach of material obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical of the contract.
The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned obligations.

(4) The limitations of liability in the above paragraph do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects.
Liability under the Product Liability Act remains unaffected.

(5) If the Seller's liability is excluded or limited, this shall also apply to the personal liability of his employees, representatives and vicarious agents.

6.retention of title
(1) The seller reserves the right of ownership of the goods until full payment of the purchase price. The following provisions apply only in commercial transactions:
The customer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must inform the seller immediately.

(2) If the customer acts in breach of the contract, in particular if the purchase price due is not paid, the seller is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the reservation of title and the withdrawal.
If the customer does not pay the due purchase price, the seller may only assert these rights if the seller has previously set the customer a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.

(3) The customer is entitled to resell the goods subject to retention of title in the ordinary course of business, provided that the claims from the resale are transferred to the seller as follows

(a) The customer assigns to the seller already now all claims with all ancillary rights, which accrue to him from the resale against the purchaser or against third parties, up to the amount of the purchase price claim.
(b) The customer is authorised to collect this claim even after the assignment. The Seller's authority to collect the receivables itself remains unaffected by this; however, the Seller undertakes not to collect the receivables as long as the Customer meets his payment obligations.
(c) The seller can demand that the customer informs the seller of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtor of the assignment.
(d) In any case, the aforementioned securities shall expire automatically as soon as their value exceeds the claims to be secured by more than 10%. 

7. For attention in case of transport damage
(1) If goods are delivered with obvious damage to the packaging or contents, the customer shall, without prejudice to his warranty rights, complain about this immediately to the forwarder/freight service and contact the seller immediately by e-mail or other means (fax/post) so that the seller can protect any rights he may have against the forwarder/freight service.

(2) Hidden defects shall be reported by the customer to the seller - also without prejudice to any warranty rights - immediately after discovery, so that any warranty claims against third parties can be safeguarded.

8. Data protection  
The seller collects, processes and uses personal data in accordance with his data protection declaration and the statutory provisions.

Stand: Juni 2020