1. General
The following General Terms and Conditions of Business shall prevail for all
contracts, deliveries of goods and other services. Deviant Terms and Conditions
of Business of the other party/parties to the contract shall not be recognised.
Any other supplements to the contract must be agreed to in writing by WACCEX.
WACCEX may amend or extend these General Terms and Conditions including any
annexes with due termination notice. Orders received before such time will be
fulfilled pursuant to the former and applicable General Terms and Conditions.
2. Offerings
Our offerings are without obligation. Variations or technical changes with
regard to our pictorials or descriptions are possible in the light of the nature
of the offered natural materials (wood and leather). Any catalog shall be
invalid with the publication of a new edition.
2.1 Should WACCEX discover at a later point of time that an error with regard
to the information for a product, with regard to stated price or availability
was published, WACCEX will inform the customer in this regard. This may confirm
the order pursuant to the amended conditions once again. Otherwise WACCEX shall
be entitled to withdraw from the contract.
2.2 All rights reserved. Reproduction, adaptation or translation without
prior written permission is prohibited except as allowed under the copyright
laws.
2.3 All other trademarks are the property of their respective owners.
3. Delivery and payment
The terms of delivery and payment are stated in detail in the order form of
WACCEX. A minimum order volume does not exist. All prices are subject to
applicable German sales tax of currently 19%. We reserve to right to deliver in
parts as reasonable in situations where this is deemed advantageous for a prompt
performance of contract.Any special delivery requests requested by our customers
shall be charged with a charge in accordance with local custom.
4. Delivery times
Any goods in stock (we are not liable for any delivery difficulties) shall be
dispatched within 2 to 5 days. For goods not in stock, we will try to deliver
such goods as soon as possible. Such delivery time shall be reasonably extended
in situations of force majeure, industrial disputes, unforeseeable obstacles or
for other reasons beyond our control. Failure to comply with delivery times due
to other reasons as those stated above, the buyer shall be entitled to claim a
grace period including a statement of possible rejection. The buyer may withdraw
from the contract if we do not deliver the contractual goods or services within
such grace period. Should the impossibility of performance be caused by any
inability to perform of our manufacturer or supplier, we and the buyer shall
have the right to withdraw from the contract if the agreed delivery time should
be exceeded by at least two months. Claims for damages for default or failure to
perfom including any damage incurred until the withdrawal from the contract
shall be excluded, unless a legal representative of WACCEX has acted
intentionally or gross negligently.
5. Conversion and Return rights
Any unused goods may be returned within a period of 14 days. The return period
shall be met by dispatching of the goods in due time (date of invoice). We carry
for you the costs of sending back the item.
6. Warranty
Goods sold by WACCEX are warranted to be free from defects in materials and
workmanship and comply with the contractual agreed characteristics at the time
of passing of risk. The customer shall examine the goods immediately after
delivery with regard to defects and characteristics. We must be informed of
obvious defects within three days after their discovery in written form. The
same applies to hidden defects. Otherwise all warranties for such defects will
be void. The customer’s warranty rights are pursuant to any applicable statutory
regulations. For any complaints the date of purchase must be proven by an
invoice. The goods for which a complaint shall be claimed must be sent to us
including a copy of the invoice and postage prepaid. Images in the shop and
catalog are subject to change. Such changes as well as customary deviations with
regard to colour, volume or weight shall not be deemed as defects and can not be
claimed under warranty. Normal wear shall not be covered by warranty. Any
amendments to the goods by the customer shall render the warranty void. WACCEX
has the right to offer free rectification during the warranty period. Partial or
full substitution of any goods is permitted. The buyer is entitled to rescission
or reduction of the purchase price for any defects not removed within a
reasonable period of time. WACCEX specifically disclaims the implied warranty of
merchantability and fitness for a particular purpose.
7. Liability
WACCEX is not liable for any delivered goods amended, changed or otherwise
manipulated following shipment or pick-up of such goods. We are not liable for
any defects of the goods delivered by us caused by intentional or negligent
behavior of the customer.
7.1 Any claims by the customer for damages, e.g. for failure to perform,
fault on conclusion of contract, violation of collateral obligations to the
contract, consequential damages from defects, defects due to tort or other legal
reasons shall be excluded. Other than that WACCEX shall be liable for any
missing warranted characteristics of sold goods, in case of intentional or gross
negligent actions. This does not apply to claims pursuant to the German
Produkthaftungsgesetz (product liability law).
7.2 WACCEX shall not be liable for constant and continuous availability of
the website http://www.waccex.de or for technical or editorial errors of the
online offering.
8. Retention of title
WACCEX shall retain the title to goods delivered by it until payment in full of
the purchase price.
9. Storage of Data
Pursuant to § 28 of the German Bundesdatenschutzgesetzes (BDSG) (Data protection
law) we hereby note that all necessary data transferred to us in relation to
contractual relationships will be processed and stored electronically pursuant
to 33 (BDSG). Personal data will of course be treated confidentially.
10. Applicable Law
The law of the Federal Republic of Germany and the directly applicable law of
the European Community alone shall apply to the parties’ legal relationships.
Application of international treaties that are not mandatory German law (e.g.
the UN Treaty on International Sale of Goods) is hereby excluded. |