General Terms and Conditions with Customer Information
Table of Contents
- scope of application
- conclusion of contract
- right of withdrawal
- Prices and payment terms
- Delivery and shipping terms
- retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer requirements
- Redeeming promotional vouchers
- Redeeming gift vouchers
- Applicable law
- jurisdiction
- code of conduct
- Alternative dispute resolution
1) Scope of application
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of A.Weyck Tools GmbH & Co. KG (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.
1.3These General Terms and Conditions apply accordingly to contracts for the delivery of tickets, unless expressly stipulated otherwise. These General Terms and Conditions govern only the sale of tickets for specific events described in detail in the seller's item description and not the staging of these events. The legal provisions governing the relationship between the participant and the organizer, as well as any deviating terms and conditions of the organizer, apply exclusively to the execution of the events. If the seller is not also the organizer, they are not liable for the proper execution of the event, for which the respective organizer is solely responsible.
1.4For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.5An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email.
2.3The seller may accept the customer's offer within five days.
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 If you select the payment method "Amazon Payments," payment processing will be handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de
2.6When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login data.
2.7Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.
2.8The contract may only be concluded in German.
2.9Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services. Accordingly, a right of withdrawal is also excluded for contracts relating to the sale of tickets for scheduled leisure events.
4) Prices and payment terms
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2The payment option(s) will be communicated to the customer in the seller's online shop.
4.3If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4If a payment method offered via the PayPal payment service is selected, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which it makes advance payments to the customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, revocation declarations and returns, or credit notes.
4.5 If you select a payment method offered via the payment service "mollie," payment processing will be handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the customer in the seller's online shop. To process payments, mollie may use other payment services for which special payment terms may apply, which will be communicated to the customer separately if necessary. Further information about "mollie" is available on the Internet at https://www.mollie.com
5) Delivery and shipping conditions
5.1If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2For goods delivered by a shipping company, delivery is "free kerbside," i.e., to the public kerbside closest to the delivery address, unless otherwise specified in the shipping information in the seller's online shop and unless otherwise agreed.
5.3If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's withdrawal policy shall apply to the return shipping costs.
5.4If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer or an authorized recipient upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.
5.5The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This shall only apply if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.6If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
5.7Vouchers are provided to the customer as follows:
- by email
- by mail
5.8Tickets will be provided to the customer as follows:
- by email
- by mail
6) Retention of title
If the seller makes advance delivery, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1Unless otherwise specified in the following provisions, the statutory liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
7.2If the customer is acting as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- rights and claims due to defects are excluded for used goods;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.3The limitations of liability and shortened periods specified above shall not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.4Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.
7.6If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery service and to inform the seller thereof. Failure to do so shall not affect the customer's statutory or contractual warranty rights.
8) Special conditions for the processing of goods according to specific customer requirements
8.1If, according to the content of the contract, the seller is obliged to process the goods in accordance with specific customer requirements in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.
8.2The customer shall indemnify the seller against any claims by third parties that they may assert against the seller in connection with an infringement of their rights through the seller's contractual use of the customer's content. In this regard, the customer shall also bear the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.
8.3The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
9) Redemption of promotional vouchers
9.1Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
9.2Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.
9.3Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4Multiple promotional vouchers can be redeemed for a single order.
9.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7The credit balance of a promotional voucher will not be paid out in cash or bear interest.
9.8The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
9.9The promotional voucher is transferable. The seller can redeem it with liberating effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of power of representation.
10) Redemption of gift vouchers
10.1Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
10.2Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
10.3Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.4Several gift vouchers can be redeemed for a single order.
10.5Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
10.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7The credit balance of a gift voucher will not be paid out in cash nor will it bear interest.
10.8The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of power of representation.
11) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn.
12) Place of jurisdiction
If the customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller shall in any case be entitled to bring an action before the court at the customer's place of business.
13) Code of Conduct
– The seller has agreed to the terms and conditions for participation in the eCommerce initiative "Fairness in Trade," which can be found online at https://www.fairness-im-handel.de
14) Alternative dispute resolution
The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
