Terms of service
General Terms and Conditions - Wepos Chemie GmbH (Version: 10/2020)
Wepos Chemie GmbH
Am Selder 31
47906 Kempen / Germany
Tel: +49 (0) 2152 – 87 137 0
Fax: +49 (0) 2152 – 87 137 88
Managing director authorized to represent: Michael Westhäuser
Internet: www.wepos-chemie.de
E-Mail: shop@wepos-chemie.de
§ 1 Subject of the General Terms and Conditions
1.1. The subject of the General Terms and Conditions (GTC) is the regulation of the contractual conditions for all services of Wepos Chemie GmbH (hereinafter referred to as the provider) with the customer of the online shop (hereinafter referred to as the customer) that are provided via the online shop in the one valid at the time of the order version.
1.2. These terms and conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.
1.3. In accordance with Section 13 of the German Civil Code (BGB), a consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4. According to Section 14 of the German Civil Code (BGB), an entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
1.5. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
1.6. General terms and conditions or other conditions of the customer are not part of the contract, unless otherwise agreed in individual cases.
§ 2 Conclusion of the contract
2.1 The product descriptions contained in the seller's web shop do not constitute binding offers to conclude a contract by the seller. However, they represent an invitation to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online ordering system of the seller. The customer can select individual products online and add them to the virtual shopping cart by clicking on the "Add to shopping cart" button. The customer is then shown the content of the virtual shopping cart in a separate window. The customer then has the choice of clicking the button "Continue shopping" to add more products or to go to the ordering process by clicking on the "Show shopping cart" button. At the start of the ordering process, the customer is shown an overview of the products in the shopping cart to change (click on the selection in the "Quantity" column) or to remove individual products from the shopping cart (click on the "x Remove" button).
By clicking on the "Checkout" button, the customer is directed to the ordering process. There are still further steps to follow. The customer can log into his existing customer account by entering his access data (email address and password) into enter the appropriate fields.
New customers can create a new account here by truthfully filling in the mandatory fields in the registration form (including name, address, password). After clicking on the "Register" or "Next" button, the customer is taken to the next step. The desired payment method and the shipping method must be selected there. Another click on the "Next" button leads the customer to the order overview page in the next step. Here, all information given in the context of the order can be checked again and, if necessary, corrected, such as the products, their number, the payment method or If no corrections are required and the customer would like to send his order with the data listed in the overview, just click on the button "order for payment".
In this way, the customer makes a legally binding offer to conclude a purchase contract for the goods in the shopping cart. Depending on the selected payment method, the customer is then forwarded to the input mask of the relevant payment provider, where he has to enter his data and confirm the completion of the payment. However, the customer has the option of canceling the ordering process at any time (e.g. by closing the browser window) or to go to the previous step (via the "return page" function of the browser).
2.3 The seller can accept the customer's offer within five (5) days by sending the customer a confirmation letter or by delivering the ordered goods to the customer; in the first case the receipt of the declaration of acceptance is decisive, in the latter case the receipt of the goods by the customer. If the seller does not accept the offer within the deadline, this is deemed to be a rejection of the offer. In this case, the customer is no longer bound by his declaration of intent. The automatically generated e-mail confirmation that the customer receives immediately after his online order is only a confirmation of receipt of the order on the server and not an order confirmation.
2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth (5th) day following the sending of the offer.
2.5 In the case of an online contract conclusion, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail) after sending his order including the terms and conditions and the cancellation policy. In addition, after the online order has been placed, the customer receives a message about this in the browser window; this message contains the option to print out the order confirmation. In addition, the text of the contract is stored in the seller's web shop and can be called up by the customer in his customer area at any time after entering his access data under the menu item "Orders" Sent in text form (e.g. email).
2.6 Only the German language is available for the conclusion of the contract.
§ 3 Obligation to inform
3.1. The customer is obliged to provide truthful information when ordering. If the customer's data changes, in particular name, address, email address, telephone number, bank details, the customer is obliged to inform the provider of this change immediately by changing the information. If the customer fails to provide this information or if he gives incorrect data from the outset, in particular a wrong e-mail address, the provider can withdraw from the contract insofar as a contract has been concluded. The resignation will be made in writing. The written form is also preserved by sending an email.
§ 4 Right of withdrawal
4.1 Consumers generally have a right of withdrawal. However, entrepreneurs are not granted a voluntary right of withdrawal.
4.2 More information on the right of withdrawal can be found in the seller's cancellation policy.
4.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
§ 5 Delivery of the goods, shipping conditions
5.1 The delivery of available products takes place after receipt of the payment on the account of the seller. The delivery time of products is indicated on the respective individual product page.
5.2 The goods are dispatched to the delivery address specified by the customer in his order, unless otherwise agreed in individual cases.
5.3 If the goods are returned to the seller by the transport company because delivery to the customer was impossible, the customer bears the costs incurred due to the unsuccessful shipment (e.g. costs of return transport, costs of storage, etc.); the cost of storage is fifteen percent (15%) of the selling price. However, this only applies if the customer does not effectively exercise his right of withdrawal, if he is responsible for the circumstance that led to the impossibility of delivery or if no temporary hindrance made acceptance of the service impossible; in the latter case, the customer is released from bearing the costs if the seller has not given him a reasonable notice of the service.
5.4 If the customer is an entrepreneur, the place of performance for the delivery of goods to the customer is the registered office of the seller, unless otherwise agreed.
5.5 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the consumer when the goods are handed over.
5.6 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods is transferred to the entrepreneur when the goods are delivered to the forwarding agent, the carrier or the person or institution otherwise assigned to carry out the shipment.
5.7 Depending on the volume, delivery takes place with a parcel service provider or carrier selected by the seller.
5.8 The dispatch takes place only within Germany or according to a separate agreement.
§ 6 Terms of Payment, Prices
6.1 The prices stated in the seller's web shop are final prices, unless otherwise stated. The prices include in particular the statutory sales tax, shipping costs are not included. However, these can be viewed under the corresponding menu item or on the corresponding catalog page, which is linked in the immediate vicinity of the respective price information.
6.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
6.3 The following payment options are available to the customer: PayPal, direct debit (via PayPal, no PayPal account is required), credit card (via PayPal, no PayPal account is required) and from 01.2021 AmazonPay.
6.4. If the payment method AmazonPay is selected, it is assumed that the customer has a corresponding Amazon account. He must log into this with his account data and confirm the payment.
6.5 If the payment method PayPal or direct debit or credit card is selected via PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22‐24 Boulevard Royal, L ‐ 2449 Luxembourg, subject to the PayPal terms of use, which in the case of an existing PayPal account are available online at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full # opening-account
can be viewed or at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full, if the customer does not have a PayPal account.
§ 7 Retention of title
7.1. The delivered goods remain the property of the provider until the purchase price has been paid in full, regardless of the expiry of the cancellation period.
§ 8 Liability for Defects
8.1 If the customer is a consumer, the statutory right to liability for defects applies to him.
8.2 If the customer is an entrepreneur, the seller initially provides a guarantee for defects in the goods by repairing the goods or delivering a replacement.
8.3 If the supplementary performance fails, the customer can in principle demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) as well as compensation.
8.4 If the customer is an entrepreneur, the delivered goods must be examined immediately for quality and quantity deviations and the seller must be notified in writing of recognizable defects within a period of one (1) week from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Hidden defects must be reported to the seller in writing within a period of one (1) week from their discovery. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.
8.5 Claims for material defects (including damages) to new items shall become statute-barred against consumers two (2) years after delivery of the goods, and against entrepreneurs one (1) year after delivery of the goods. This does not apply if the law prescribes longer periods in individual cases and in cases of injury to life, limb or health, in the event of an intentional or grossly negligent breach of duty by the seller or in the case of fraudulent concealment of a defect. The regulations on the suspension of expiration, the restart of deadlines and the liability of the seller under the Product Liability Act remain unaffected.
8.6 The warranty for used items is completely excluded for entrepreneurs; for consumers, the statutory right to liability for defects applies to used items.
8.7 The seller does not give any guarantees to customers in the legal sense. Manufacturer guarantees remain unaffected.
§ 9 Applicable Law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the seller and the customer, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
§ 10 Place of jurisdiction
10.1 If the customer is a merchant, a legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the business location of the seller.
10.2 If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity.
10.3 In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
§ 11 Alternative dispute resolution, OS platform
11.1 The EU Commission provides an internet platform for the online settlement of disputes (so-called "OS platform"). This OS platform is intended to serve as a contact point for the out-of-court settlement of disputes in connection with contractual obligations from online sales contracts. The OS platform can be reached under the following link: https://ec.europa.eu/consumers/odr. The seller's email address can be found in the contact details.
11.2. The seller is neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board.
§ 12 Deviating conditions of the customer
12.1 In the event that the customer uses his own general terms and conditions, which deviate from these general terms and conditions, the general terms and conditions of the seller apply exclusively. Differing rules of the contractor, we hereby expressly oppose.
Version October 2020 – Wepos Chemie GmbH