General Terms and Conditions (GTC)
1. General and scope
The following General Terms and Conditions apply to all contracts concluded between Wange GmbH, Johannes-Schriefers-Weg 72, 47877 Willich, Germany, Representative: Matthias Runge, Phone: 02154 / 953988-0, E-mail: firstname.lastname@example.org – hereinafter “Seller” – and the Buyer for the delivery of goods by distance from www.vonwange.com. The Seller does not accept any conflicting or deviating terms and conditions of the Buyer and hereby expressly contradicts them. Deviating general terms and conditions of the buyer, supplementary agreements and/or ancillary agreements are only valid if the seller expressly agrees. In some cases, different rules are made for consumers and entrepreneurs in these GENERAL terms and conditions.
Pursuant to Paragraph 13 of the German Civil Code (BGB), the consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or independent professional activity.
In accordance with Section 14 of the German Civil Code (BGB), the entrepreneur is a natural or legal person or a partnership with legal rights that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. A partnership with legal capacity is a partnership with the ability to acquire rights and to enter into liabilities.
2. Offer and conclusion of contract
2.1. The seller’s offers at www.vonwange.com are non-binding catalogue offers. The buyer can place one or more goods in the virtual shopping cart. From there, by clicking on the “further to checkout” button, it enters the checkout process. After entering the personal information required for the order and the other information necessary for the execution of the order, the buyer submits a binding order offer for the purchase of the respective goods by clicking on the field “Order with payment due to payment” as the last step of the ordering process. The buyer has the possibility to check his entries again before clicking on the “order for payment” field and, if necessary, to change them. For this purpose, he can change his respective details on the corresponding pages of the order processing.
2.2. If the buyer has completed the ordering process, the seller immediately confirms receipt of the order by e-mail. This confirmation of receipt does not constitute a binding acceptance of the order. The purchase contract is concluded with the order confirmation or delivery of the goods by the seller. The order confirmation will be sent to the buyer by e-mail. Should the buyer not receive an order confirmation or delivery within 5 days, he is no longer bound to his order.
3.1. The indicated prices of the seller are to be understood to consumers including the applicable statutory value added tax.
3.2. When shipping the goods, the stated shipping costs are also incurred. These are available by clicking on the link “plus shipping costs” at the respective offer as well as under the heading Delivery and shipping costs.
4.1. The delivery time can be found by the buyer in the information under delivery and shipping costs.
4.2. The seller is entitled to make partial delivery insofar as this is reasonable for the buyer. In the case of consumers, this also applies only if their interest in the entire contract has not been lost as a a rule of delay or partial delivery. The burden of proof for this as well as for reasonableness lies with the seller in the event of a dispute. In the case of partial deliveries, additional shipping costs will only apply if this has been expressly agreed. For the purposes of these terms and conditions, only the delivery of an order in several partial consignments/pieces shall always be deemed to be part of delivery. The Seller is not entitled to other partial services without prior express agreement with the Buyer.
4.3. If the buyer is a consumer, the seller bears the shipping risk in any case, regardless of the method of shipment, unless the buyer has entrusted the carrier, the carrier or the person or institution otherwise designated to carry out the shipment with the execution, without the seller having previously designated this person or institution to him.
4.4. If the buyer is an entrepreneur, all risks and dangers of shipment pass to the buyer as soon as the goods have been handed over by the seller to the contracted logistics partner.
5. Terms of Payment
5.1. Various payment methods are available to the buyer.
5.2. You can see the costs incurred by a specific payment method in the Payment Methods overview.
5.3. In the case of payment methods in advance, PayPal and credit card, payment is due immediately upon conclusion of the contract. When payment by credit card is made, the buyer’s credit card account will be debited upon completion of the order.
5.4. In the event of an unauthorized recall, so-called charge back, of credit card payments, the seller will charge the applicable bank fees and €5.00 for each reminder.
5.5. In the event of a delay in payment by the buyer, the statutory provisions on delay shall apply. The interest rate against a consumer is 5% points above the base rate per anno and 9% points above the base rate per anno against an entrepreneur in accordance with Section 288 of the German Civil Code (BGB).
5.6. The Buyer shall only be entitled to set-off rights if counterclaims are legally established, undisputed or acknowledged by the Seller, insofar as counterclaims arising from the same contractual relationship.
5.7. If the buyer is an entrepreneur, he is not entitled to retention rights, insofar as they are counterclaims from the same contractual relationship, if his claimed counterclaims are disputed by the seller, these are not legally established or are ready for decision.
5.8. After dispatch of the goods, the buyer will receive an invoice to the billing address specified at the time of order. It is the buyer’s responsibility to check all the data provided for correctness and completeness before sending the order form. A claim for subsequent correction of the invoice exists only if the invoice data do not correspond to the data in the completed order form. There will be no subsequent change in the addressee of the invoice, for example from a private to a business buyer or vice versa.
6. Warranty / Liability
6.1. With regard to the liability for material defects (guarantee), the statutory provisions apply. The buyer is entitled to a statutory right of non-material defects.
6.2. In the case of contracts with entrepreneurs or legal entities governed by public law, the following applies:
- The buyer’s claims for material indecencture shall become time-barred 12 months after the transfer of risk.
- Obvious defects must be notified within a period of 14 days, otherwise they shall be deemed to have been approved. Missing quantities must be reported within 4 days.
- If the transaction is a commercial transaction for both parties, the buyer must comply with the obligations of Section 377 of the German Commercial Code (HGB) by way of derogation from paragraph b., i.e. to examine the goods immediately after delivery by the seller, insofar as this is necessary after a proper course of business, and, if a defect or a shortfall appears, to notify the seller immediately. In the event of failure or delayed notification, i.e. not immediately, the goods shall be deemed to have been approved. Hidden defects must be reported immediately after their discovery, otherwise they shall also be deemed to have been approved in the event of failure to notify or delayed notification.
- In the event of a defect in the purchased item, the seller shall be entitled, at his option, to re-fulfillment in the form of rectification or delivery of a defect-free item. The Buyer shall grant the Seller a reasonable period of time for subsequent performance, depending on the actual circumstances of the individual case, but not less than 7 days. The seller shall bear the expenses required for the purpose of subsequent performance, in particular transport, travel, labour and material costs. In the case of subsequent performance, the Seller shall bear the necessary expenses only up to the amount of the purchase price.
- If the rectification within the meaning of Section 440 of the German Civil Code (BGB) fails, the buyer may, at his option, request withdrawal or reduction.
- Further claims of the buyer, in particular due to consequential damages for defects, are generally excluded. This shall not affect unlimited liability for damages resulting from injury to life, body or health as well as other damages resulting from a negligent or grossly negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent. The unlimited liability also applies in the event of breach of contractual cardinal obligations, i.e. such contractual obligations, on whose fulfilment the buyer trusts and may rely. In addition, liability is limited to the damage typically incurred in the trading transactions underlying these GTC.
- Liability under the Product Liability Act remains unaffected.
- The statutory limitation period in the context of a delivery recourse pursuant to Section 478 of the German Civil Code (BGB) remains unaffected.
7. Retention of title
7.1. The delivered goods remain the property of the seller until full payment of the purchase price.
7.2. To buyers who are entrepreneurs, the following applies:
The Seller reserves the title to the goods (reserved goods) until all payments from the business relationship with the buyer have been received.
If the buyer fails to fulfil his obligation to pay despite a reminder setting a deadline, the seller may demand the return of the reserved goods still in his possession without further prior setting of a time limit. The buyer shall bear the transport costs incurred in this process. The return of the goods subject to retention of title by the seller shall always include a withdrawal from the contract. The seller is entitled to use the goods subject to retention of title after receiving them. The proceeds of the proceeds of the proceeds of the proceeds shall be set off against the buyer’s liabilities, less reasonable recovery costs.
The Buyer must inform the Seller immediately in writing of all accesses by third parties, in particular of enforcement measures and other impairments of his property. The Buyer shall reimburse the Seller for all damages and costs arising from a breach of this obligation and by necessary intervention measures against access by third parties, in particular a claim pursuant to Section 771 of the German Civil Code (ZPO).
7.3. The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. However, the Buyer assigns to the Seller the claims in the amount of the final invoice amount agreed with him (incl. VAT) which accerveto the resale of the goods subject to retention of title against his customers or other third parties; this assignment shall apply irrespective of whether the purchased item has been resold without or after processing. The buyer remains authorized to collect the claim even after the assignment. This does not affect the Seller’s right to collect the claim itself. However, the Seller will not exercise this power as long as the Buyer fulfils his payment obligations. As soon as the customer is in default of payment or has made an application for the opening of insolvency proceedings or payment has been suspended, the seller may demand that all assigned claims and their debtors be communicated to him, that the debtors be informed of the assignment by the customer and that the buyer hands over to him all documents and information necessary for collection and enforcement.
7.4. The processing or remodelling of the purchased item by the buyer is always carried out for the seller. If the purchased item is processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, incl. ust.) to the other processed items at the time of processing. In addition, the same applies to the goods resulting from processing as to the purchased item delivered subject to reservation.
7.5. If the purchased item is inseparably mixed with other items not belonging to the seller, he acquires co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, incl. ust.) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the buyer’s item is to be regarded as the main thing, it is deemed agreed that the buyer shall transfer proportional co-ownership to the seller. The buyer shall keep the resulting sole property or co-ownership for the seller.
7.6. The buyer also assigns to the seller the claims for securing claims of the seller against the buyer, which arise from the connection of the purchased item with a property against a third party.
7.7. The Seller undertakes to release the securities to which he is entitled at the buyer’s request to the extent that the realisable value of his securities exceeds the claims to be secured by more than 10%; the choice of the collateral to be released is the responsibility of the seller.
8. Revocation instructions for consumers (Section 13 of the German Civil Code)
Consumers have the statutory right of withdrawal as set out in the subsequent withdrawal policy.
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
In order to exercise your right of withdrawal, you must contact us,
Phone: 02154 / 953988-0
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.
End of the revocation instruction
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
-Wange GmbH, Johannes-Schriefers-Weg 72, 47877 Willich, Germany, email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
-Ordered on (*)/received on (*)
-Name of the consumer(s)
-address of the consumer(s)
-Signature of the consumer(s) (only for communication on paper)
(*) Inaccurate deletion.
9. Information for consumers in distance contracts and customer information for e-commerce contracts
- Provider of offers at www.vonwange.com is Wange GmbH, Johannes-Schriefers-Weg 72, 47877 Willich, Germany, represented by Matthias Runge, tel.: 02154 / 953988-0; firstname.lastname@example.org
- Special codes of conduct do not apply to us.
- You can check any transmission or input errors by rereading the data entered before completing your order and, if necessary, modify or delete them.
- The essential characteristics of the goods offered by us as well as the validity period of temporary offers can be found in the individual product descriptions in the context of our website.
- The languages available for the conclusion of the contract are exclusively German and English.
- As a consumer, you have a legal right to deficient. Complaints and claims for material defects can be made at the address given at a) above or by e-mail to email@example.com
- The contract text (consisting of the order data and the GTC) will be sent to you by e-mail with our order confirmation.
- Please refer to the respective offer for information on payment or fulfillment. In addition, the buyer will find further information on delivery times and shipping under “Shipping methods”. The delivery period begins with payment in advance with the day following your payment order. Should the last day of the period fall on a Sunday or public holiday, the following working day shall replace the end of the time limit. For all other payment methods, the delivery period begins with your order.
10. Final Provisions, Other
10.1. The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the buyer as well as to the respective terms and conditions. The application of unrelated sales law is excluded.
If the buyer is a consumer, the applicable legal regulations and rights in force in accordance with the law of the buyer’s country of residence for the benefit of the consumer shall remain unaffected by this agreement.
10.2. The exclusive place of jurisdiction is the court of the seller’s registered office insofar as the buyer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation governed by public law. The seller has the right to sue at the buyer’s registered office.
10.3. Should individual provisions of this contract not be legally effective in whole or in part or lose their legal validity later, the validity of the contract shall not be affected. The statutory provision shall replace the invalid provision.