Terms of Trade of the WML-Weathershop company |
§1 |
1.1. Our terms of trade are valid to all our deliveries as far as other agreements are confirmed by WML-Weathershop in written form. Our terms of trade are the only legal terms of contract even if other purchasing conditions are established by the customer. As far as a order is made in reference to purchasing conditions who disagrees to the following terms totally or partly we emphatically contradict to this conditions. |
1.2. As far as a order is made in reference to a special offer on our part, the special terms of this offer are valid in combination to our general terms of trade. |
1.3. If several terms of the contract with the customer or this terms of trade are totally or partly ineffective or will get ineffective, all other terms will keep their validity. The totally or partly ineffective term shall be replaced by a term, that comes closest to the ineffective one concerning to its economic profit. |
§2 |
2.1. Technical and appearance changes of the ordered goods are subject to change without notice. This changes are legal, as long as the technical function, the general usage and the value of the ordered good is not or irrelevant affected. If the changes of the ordered product are not acceptable for the customer, an annul of the order is possible. An interacting lay claim to indemnity is excluded. |
2.2. All delivery times are approximately valid, as long as no definite date of delivery is confirmed by WML-Weathershop in written form. Terms of delivery are starting with the date of our confirmation of the order, but not before all details of the order are clarified and all needed conditions by the customer are completed. The same is valid for delivery times. |
2.3. If no otherwise understandings are emphatically made, the order is valid at the date of the confirmation of order by our valid list prices. |
2.4. All our prices are given in Euro without exception. |
§3 |
3.1. The non-compliance of dates and terms of delivery authorizes the customer to assert his right, after an adequate, at least two weeks amounting additional respite is made. |
3.2. A timely and proper self-supply is in any case expected. This is particularly valid for delivery-delays and –impossibilities of goods who are purchased outside of Germany. The customer is not able to assert a right because of delivery-delays and –impossibilities of goods, as long as it is not our fault. |
3.3. Unpredictable, inevitable, extraordinary occurrences like labour disputes, political acting, traffic jams, etc. dispenses us for the time of effect, or totally in the case of impossibility from the delivery-obligation. |
§4 |
4.1. Our prices specified on the WML-Weathershop site, price lists, offers and invoices are within the value-added tax in the standard rate for the federal republic of Germany. The value-added tax is cancelled, if the delivery out of Germany is free of value-added tax. |
4.2. The charges for packing and shipping will be quote additionally (Calculation of shipping charges) |
§5 |
5.1. Partial deliveries are allowed within our given time for delivery, as far as no disadvantages results for the usability. |
5.2. The risk of accidental loss and deterioration of the goods devolves to the customer not until the delivery of the goods to him or his authorised representative. The delivery is deemed to be executed, even if the customer gets into default of acceptance. |
§6 |
6.1. Right of Revocation: The customer is entitled to revoke his declaration of order in written form (letter, fax, eMail), preferably by eMail, or by returning the goods within 1 month without any giving of reasons. The period shall begin no sooner than the receipt of a separatly send revocation instruction in written form. For protection of your period of revocation, the dispatch of your revoke or the goods in time is sufficient. The revoke has to be addressed to: WML-Weathershop GbR, Am Yachthafen 8, 49733 Haren (Germany). |
6.2. Consequences of Revocation: In case of a valid revoke all mutual received benefits has to be returned and if necessary drawn use (e.g. advantages) has to be released. At deterioration of the delivered goods a refund of the value can be demanded. This will not apply, if the deterioration of the delivered goods solely results of the examination, which would be possible in a retail shop. Additionally the customer can prevent the demand for refund of the value, if he will not get in use of the delivered goods as an owner and if he will all avoid that reduces its value. Transportable goods have to return. The customer has to bear the costs for returning the goods, if the received goods corresponds with the ordered ones and if the price of the returning goods is not higher then EUR 40,00 or at a higher price if the customer not has fulfilled the consideration or the contractual agreed partial consideration at the time of the cancellation. In any other cases the return is free of charge for the customer. The obligations to refund the payments has to be fulfilled within 30 days up the date of dispatch of your revoke. |
End of Revocation Instruction |
§7 |
7.1. For the exploration of our delivered goods and the complain about possible failings the designations according to §§ 377, 378 of the HGB (German Trade Code) are valid. |
7.2. If our delivered goods are faulty and the failings are complained in time, we are able to perform our obligation of warranty by repairing or compensation delivery. If the repairing fails the customer is able to demand a reduction of payment or a cancel of the contract. |
7.3. Additional claims, particularly those for reparation of consequential damage, are impossible. |
7.4. The liability is limited to the amount of the good-value in all cases. |
7.5. All limitation of the liability are not valid at indent or rough negligence, at claims of indemnity because of lack of ensured attributes or at break of essential contract obligations. |
§8 |
8.1. The delivered goods are still our property until the payment of all outstanding debits of the business connection is totally done. A payment by cheque is valid after it is paid in. |
8.2. Any derogation of our claim to the proviso-property and the assignment of receivables to WML-Weathershop by others, particularly with the regard to compulsory-execution, must be immediately informed by the customer. |
8.3. If the customer is in default of compensation to our receivables totally or partly, we are entitled to demand the goods of proviso back anytime and to dispose on the goods elsewhere, as well as restrain outstanding deliveries. The enforcement of our claim of proviso-property counts not as a recession of the contract. |
§9 |
9.1. The law of the Federal Republic of Germany is applicable. The stipulations of the UN- Convention on Contracts for the International Sale of Goods (CISG) , however, not applicable. |
9.2. If the place of general jurisdiction of the customer is not Germany or if his residence or general habitation is unknown at the time of the commencement of action, the exclusive jurisdiction for all disputes of this contract are the responsible courts for the region of Haren, thus our Head Office. Incidentally the legal rules are applicable. |
WML-Weathershop GbR |
Am Yachthafen 8 - 49733 Haren (Germany) |