Terms and Conditions and Customer Information
Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the supplier (Pachulski Andre & Wycisk Torsten GbR) via the website www.wp-spezialteile.com. Unless otherwise agreed, the inclusion of any terms and conditions used by you is rejected.
(2) For the purposes of these provisions, a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their independent commercial or professional activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the shopping cart. You can open the shopping cart at any time using the corresponding button in the navigation bar and make changes there.
After clicking the “Checkout” or “Continue to order” button, or a similarly worded button, and entering your personal details as well as the payment and shipping conditions, the order data will be displayed as an order summary.
Before submitting the order, you can check and amend the information in the order summary, use your browser’s back function, or cancel the order. By submitting the order via the relevant button (“Place order”, “Buy”, “Buy now”, “Order with obligation to pay”, “Pay”, “Pay now”, or a similar designation), you legally accept the offer and the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding. We will submit a binding offer to you in text form, for example by email, which you may accept within five days unless another period is stated in the respective offer.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided is correct, that emails can be received technically, and that they are not blocked by spam filters.
§ 3 Special Agreements for the Payment Methods Offered
(1) Payment via PayPal / PayPal Checkout
If you select a payment method offered via PayPal or PayPal Checkout, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The available PayPal payment methods are displayed on our website and during the online ordering process. PayPal may use additional payment services. If special payment conditions apply, you will be informed separately. Further information is available at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via Shopify Payments
If you select a payment method offered through Shopify Payments, the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). Further information is available at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention and Retention of Title
(1) You may exercise a right of retention only insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the goods subject to retention of title passes, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value; we accept the assignment. You remain authorised to collect the claim. If you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed with other goods, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title compared with the other processed items at the time of processing.
d) At your request, we undertake to release the securities to which we are entitled insofar as their realisable value exceeds the claim to be secured by more than 10%. We are entitled to choose which securities to release.
§ 5 Warranty
(1) Statutory rights in the event of defects apply.
(2) Consumers are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, this deviation is deemed agreed only if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description are agreed as the condition of the goods, not other advertising, public statements or statements by the manufacturer.
b) In the event of defects, we provide a warranty at our discretion by repair or replacement delivery. If the remedy fails, you may demand a reduction in price or withdraw from the contract. Unless the nature of the goods or defect or other circumstances indicate otherwise, the remedy is deemed to have failed after the second unsuccessful attempt.
c) The warranty period is one year from delivery of the goods. This reduction in the limitation period does not apply to culpably caused damage to life, body or health, other damage caused intentionally or through gross negligence, fraudulently concealed defects, an expressly assumed guarantee, goods used for a building in accordance with their usual manner of use that caused the building’s defect, or statutory recourse claims related to defects.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Seller’s Identity
Pachulski Andre & Wycisk Torsten GbR
Burg 13
06179 Teutschenthal OT Holleben
Germany
Phone: +4934552489523
Email: mail@wp-spezialteile.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correcting entries are governed by the provisions under “Conclusion of the Contract” in Part I of these Terms and Conditions.
3. Contract Language and Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting an order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. After we receive the order, the order data, the legally required information for distance contracts and these Terms and Conditions will be sent to you again by email.
3.3. For enquiries made outside the online shopping cart system, you will receive all contract data in a binding offer in text form, for example by email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They are shown separately during the ordering process and must be paid by you in addition to the purchase price unless free delivery has been agreed.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money-transfer fees. These costs are borne by you.
5.4. Money-transfer costs, such as bank transfer or exchange-rate fees, are borne by you where delivery is made to an EU member state but payment is initiated outside the European Union.
5.5. The payment methods available to you are shown on our website and in the respective offer.
5.6. Unless otherwise stated for an individual payment method, payment claims arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. The delivery terms, delivery date and any delivery restrictions can be found on our website or in the respective offer.
6.2. If you are a consumer, the statutory rule applies that the risk of accidental loss or accidental deterioration of the sold goods passes to you only when the goods are handed over to you, regardless of whether shipment is insured or uninsured. This does not apply if you independently commission a carrier not designated by the entrepreneur or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” provisions in Part I of these Terms and Conditions.
These Terms and Conditions and Customer Information were prepared by lawyers specialising in IT law from Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and accepts liability in the event of warnings. Further information is available at https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the supplier (Pachulski Andre & Wycisk Torsten GbR) via the website www.wp-spezialteile.com. Unless otherwise agreed, the inclusion of any terms and conditions used by you is rejected.
(2) For the purposes of these provisions, a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their independent commercial or professional activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the shopping cart. You can open the shopping cart at any time using the corresponding button in the navigation bar and make changes there.
After clicking the “Checkout” or “Continue to order” button, or a similarly worded button, and entering your personal details as well as the payment and shipping conditions, the order data will be displayed as an order summary.
Before submitting the order, you can check and amend the information in the order summary, use your browser’s back function, or cancel the order. By submitting the order via the relevant button (“Place order”, “Buy”, “Buy now”, “Order with obligation to pay”, “Pay”, “Pay now”, or a similar designation), you legally accept the offer and the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding. We will submit a binding offer to you in text form, for example by email, which you may accept within five days unless another period is stated in the respective offer.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided is correct, that emails can be received technically, and that they are not blocked by spam filters.
§ 3 Special Agreements for the Payment Methods Offered
(1) Payment via PayPal / PayPal Checkout
If you select a payment method offered via PayPal or PayPal Checkout, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The available PayPal payment methods are displayed on our website and during the online ordering process. PayPal may use additional payment services. If special payment conditions apply, you will be informed separately. Further information is available at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via Shopify Payments
If you select a payment method offered through Shopify Payments, the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). Further information is available at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention and Retention of Title
(1) You may exercise a right of retention only insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the goods subject to retention of title passes, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value; we accept the assignment. You remain authorised to collect the claim. If you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed with other goods, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title compared with the other processed items at the time of processing.
d) At your request, we undertake to release the securities to which we are entitled insofar as their realisable value exceeds the claim to be secured by more than 10%. We are entitled to choose which securities to release.
§ 5 Warranty
(1) Statutory rights in the event of defects apply.
(2) Consumers are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, this deviation is deemed agreed only if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description are agreed as the condition of the goods, not other advertising, public statements or statements by the manufacturer.
b) In the event of defects, we provide a warranty at our discretion by repair or replacement delivery. If the remedy fails, you may demand a reduction in price or withdraw from the contract. Unless the nature of the goods or defect or other circumstances indicate otherwise, the remedy is deemed to have failed after the second unsuccessful attempt.
c) The warranty period is one year from delivery of the goods. This reduction in the limitation period does not apply to culpably caused damage to life, body or health, other damage caused intentionally or through gross negligence, fraudulently concealed defects, an expressly assumed guarantee, goods used for a building in accordance with their usual manner of use that caused the building’s defect, or statutory recourse claims related to defects.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Seller’s Identity
Pachulski Andre & Wycisk Torsten GbR
Burg 13
06179 Teutschenthal OT Holleben
Germany
Phone: +4934552489523
Email: mail@wp-spezialteile.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correcting entries are governed by the provisions under “Conclusion of the Contract” in Part I of these Terms and Conditions.
3. Contract Language and Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting an order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. After we receive the order, the order data, the legally required information for distance contracts and these Terms and Conditions will be sent to you again by email.
3.3. For enquiries made outside the online shopping cart system, you will receive all contract data in a binding offer in text form, for example by email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They are shown separately during the ordering process and must be paid by you in addition to the purchase price unless free delivery has been agreed.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money-transfer fees. These costs are borne by you.
5.4. Money-transfer costs, such as bank transfer or exchange-rate fees, are borne by you where delivery is made to an EU member state but payment is initiated outside the European Union.
5.5. The payment methods available to you are shown on our website and in the respective offer.
5.6. Unless otherwise stated for an individual payment method, payment claims arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. The delivery terms, delivery date and any delivery restrictions can be found on our website or in the respective offer.
6.2. If you are a consumer, the statutory rule applies that the risk of accidental loss or accidental deterioration of the sold goods passes to you only when the goods are handed over to you, regardless of whether shipment is insured or uninsured. This does not apply if you independently commission a carrier not designated by the entrepreneur or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” provisions in Part I of these Terms and Conditions.
These Terms and Conditions and Customer Information were prepared by lawyers specialising in IT law from Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and accepts liability in the event of warnings. Further information is available at https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.