GENERAL TERMS AND CONDITIONS
Contractual terms and conditions for purchase contracts concluded via the online store of the platform https://weberverpackungen.de
between
WEBER Verpackungen GmbH & Co. KG, Westerhaar 38, 58739 Wickede/Ruhr, registered in the Commercial Register of the Local Court of Arnsberg under HRB 4567, represented by WVW Verwaltungs GmbH, VAT identification no.: DE 124900837 - hereinafter referred to as the
"Provider"
and
the customer designated in § 2 of the contract - hereinafter referred to as
"Customer"
are concluded.
§ 1 SCOPE, DEFINITIONS
1.1 These General Terms and Conditions ("GTC") shall apply exclusively in national and international business transactions with companies, legal entities under public law and special funds under public law.
1.2 Any conflicting, additional or deviating terms and conditions of the Provider shall not become part of the contract unless the Provider has expressly agreed to their validity in writing. These GTC shall also apply if the Provider carries out a delivery to the Customer without reservation in the knowledge of the Customer's conflicting or deviating terms and conditions.
§ 2 CONCLUSION OF CONTRACT
2.1 Offers and cost estimates of the Provider are subject to change and non-binding, unless they are expressly designated as a binding offer.
2.2 The customer can select products from the range of the provider, which are shown in the web store of the provider(https://weberverpackungen.de/shop/) and collect them via the button "Add to cart" in an order overview. By clicking on the button "Order subject to payment", the customer makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by placing a check mark in the field "I have taken note of the General Terms and Conditions and hereby declare my agreement" and has thereby included them in his offer.
2.3 The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer. The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent by us to the customer on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection. Insofar as the order confirmation contains obvious errors, spelling mistakes or miscalculations, it shall not be binding on the parties.
2.4 The owed quality of the goods shall be conclusively agreed in the order and order confirmation.
2.5 The contract shall be concluded in German.
§ 3 DELIVERY, AVAILABILITY OF GOODS
3.1 Unless expressly agreed otherwise, delivery within Germany shall be free of shipping costs. The costs for deliveries to other countries within and outside the territory of the European Union will be indicated by the supplier before the conclusion of the contract in the context of the webshop. Any additional customs duties incurred for deliveries to other countries outside Germany will be charged additionally. The goods will be insured at the request of the customer - and his expense - by a transport insurance against the risks to be specified by the provider.
3.2 The scope of delivery shall be governed by the Supplier's order confirmation as defined in clause 2.3. Any changes requested by the Customer to the scope of delivery as well as to the delivery item itself shall require the written confirmation of the Supplier in order to be effective.
3.3 The Supplier is entitled to make partial deliveries, provided that this is reasonable for the Customer.
3.4 If non-compliance with delivery deadlines is due to force majeure and other disruptions for which the Supplier is not responsible, e.g. war, terrorist attacks, import and export restrictions, epidemics, pandemics, including those affecting suppliers of the Supplier, the agreed delivery deadlines shall be extended by the duration of the hindrance. This shall also apply to industrial action affecting the Supplier and its suppliers.
3.5 Due to a delay in delivery, the Customer shall only be entitled to withdraw from the contract if the Provider is responsible for the delay.
3.6 Delivery times stated by the Supplier are calculated from the time of order confirmation, provided prior payment of the purchase price.
3.7 If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the Provider shall refrain from a declaration of acceptance. In this case, a contract shall not be concluded.
3.8 If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation.
3.9 The following delivery restrictions apply: The Provider shall only deliver to Customers who can provide a delivery address in one of the following countries: Germany, within the European Union and the European Economic Area plus Switzerland.
3.10 Notwithstanding the provision in section 8.1, the customer is obliged to inspect the goods for externally visible damage upon delivery and to notify the transport company carrying out the delivery of any damage and to have a corresponding written confirmation issued. If the customer does not comply with this obligation, he is obliged to compensate the supplier for the resulting damage.
§ 4 TRANSFER OF RISK
4.1 The risk of accidental loss or accidental deterioration of the goods shall pass to the Customer as soon as the Supplier hands over the goods - in the case of a sale by delivery to a place other than the place of performance - to the person designated to carry out the transport, or, if agreed, makes the goods available at the place of delivery. This shall also apply if partial deliveries are made or if the customer has assumed the transport costs in deviation from section 3.1 sentence 2 in the individual case.
4.2 If the Customer is in default of acceptance, the Supplier may demand compensation for the resulting damage as follows: 0.5% of the net price of the delivery per day of delay, but in total not more than 5% of the net price of the delivery. The contracting parties reserve the right to claim further damages as well as to prove a lesser damage. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the time the customer is in default of acceptance.
4.3 Delivered goods shall be accepted by the customer without prejudice to its claims based on defects even if they have insignificant defects. The customer shall also be obliged to accept the goods if the goods made available show quantity deviations of up to 3% or if the goods made available were delivered insignificantly too early.
§ 5 RESERVATION OF TITLE
5.1 Until full payment has been made, the goods supplied remain the property of the supplier.
§ 6 PRICES AND SHIPPING COSTS
6.1 All prices are exclusive of the applicable statutory sales tax.
6.2 The corresponding shipping costs are indicated to the customer in the inquiry response in the shipping options and are to be borne by the customer.
§ 7 PAYMENT MODALITIES
7.1 The customer can make the payment either by AmazonPay, PayPal or prepayment (bank transfer).
7.2 The customer can change the payment method stored in his user account at any time.
7.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider interest on arrears for the year at a rate of 9 percentage points above the base interest rate.
7.4 A payment shall be deemed to have been made at the time when the Provider can dispose of the amount.
7.5 The Customer's obligation to pay interest on arrears shall not preclude the Provider from asserting further claims for damages caused by default.
7.6 Counterclaims of the Customer shall only entitle him to set-off and to assert a right of retention if they have been legally established or are undisputed. The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.
§ 8 WARRANTY FOR DEFECTS, GUARANTEE
8.1 The Customer's rights in respect of defects shall be conditional upon the Customer having complied with its statutory obligations to inspect the goods and give notice of defects (§§ 377, 381 of the German Commercial Code (HGB)), in particular having inspected the delivered goods immediately upon receipt and having notified the Supplier in writing without delay of any obvious defects and defects which were identifiable during such inspection. The Customer shall notify the Provider in writing of hidden defects immediately after their discovery. The notification shall be deemed to be without undue delay within the meaning of sentence 1 if it is made within 8 working days, whereby the date of receipt of the notification by the Provider shall be decisive for compliance with the deadline. If the customer neglects the proper inspection and/or notification of defects, the liability of the provider for the defect is excluded. The Customer shall describe the defects in writing when notifying them to the Provider.
8.2 If a notice of defect is unjustified, the Provider shall be entitled to demand reimbursement from the Customer for the expenses incurred, unless the Customer proves that it is not at fault with regard to the unjustified notice of defect.
8.3 Claims for subsequent performance shall be excluded in the case of minor deviations that are reasonable for the Customer.
8.4 In the event of defects in the goods, the Supplier shall be entitled, at its own discretion, to subsequent performance by remedying the defect or delivering goods free of defects.
8.5 The limitation period for the Customer's claims for defects shall be twelve (12) months and shall commence upon delivery of the goods. The limitation period shall also commence upon default of acceptance by the customer. It shall also apply to claims in tort based on a defect in the goods. The limitation period shall not recommence as a result of subsequent performance. In the cases pursuant to clause 9.1, the statutory limitation period shall apply instead. An additional guarantee exists for the goods delivered by the supplier only if this was expressly given by the supplier in the order confirmation for the respective article.
§ 9 LIABILITY
9.1 Claims of the customer for damages, including the replacement of so-called consequential harm caused by a defect, are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
9.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
9.3 The restrictions of clauses 9.1 and 9.2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
9.4 The limitations of liability resulting from clauses 9.1 and 9.2 shall not apply insofar as the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.
§ 10 FINAL PROVISIONS
10.1 Contracts between the provider and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 The exclusive place of jurisdiction for all disputes arising directly or indirectly from or in connection with this contractual relationship shall be the registered office of the Provider.
10.3 Subsidiary agreements shall only be effective if they are made in writing. Amendments and/or supplements must be made in writing. This shall also apply to the waiver of the written form requirement itself.
10.4 The remaining parts of the contract shall remain binding even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
