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General Terms and Conditions (GTC) [catalog, online shop und eBay/Amazon] as of August 2022

 

1.   Scope
Our General Terms and Conditions apply to both commercial customers and consumers according to section 13 German Civil Code (German Civil Code). If different provisions apply to consumers and commercial customers, this will be explicitly indicated herein. Our General Terms and Conditions apply exclusively. We do not recognize any opposing or deviating terms and conditions of the commercial customer, unless we have expressly agreed to their validity in writing. The customer expressly acknowledges the following General Terms and Conditions when placing an order or placing a bid.

 

2.   Entering into the Agreement
The items on offer in our online shop and catalog only constitute a non-binding invitation to you to order items from us. By ordering the items or by clicking on the “Commit to Buy” button in our online shop, you are placing a binding offer to purchase the item(s) in your shopping basket. Before placing your order, you can review your order, and if necessary make any corrections. The purchase agreement will only come into force once we have confirmed the order under the terms contained in the order confirmation.

 

3.   Prices – Terms of Payment
Statutory VAT is included in our prices as we also sell to consumers. It is specified separately on the invoice at the statutory rate valid on the invoice date. The customer is not entitled to deduct a discount. The purchase price is due when entering into the agreement. If you make a purchase in our online shop you will receive your invoice by email after the agreement has been entered into. In the delivery is made for account, the customer shall automatically be in default 30 days after receiving the invoice (section 286 German Civil Code). This shall not affect any statutory provisions pursuant to which default shall occur earlier: default shall occur with a payment reminder from the creditor, as well as with the expiry of the contractually agreed payment date or a contractually agreed payment deadline. The interest for default for consumers is 5 percentage points above the base interest rate and 9 percentage points above the base interest rate for commercial customers (section 288 German Civil Code).

 

4.   Delivery
We will make every effort to carry out each order immediately. We would like to point out that our business is only staffed on working days. Orders and inquiries on weekends and public holidays will normally be dealt with on the following working day.

 

4.1  Delivery date
The respective delivery date is stated when you place your order.

4.2  Shipping cost
The shipping cost is based on the weight of the shipment as well as the destination. An overview of the shipping cost scales can be found at: www.wabeco-remscheid.de/info-lieferung

 

5.   Warranty/Liability for Defects
The statutory provisions regarding warranty/liability for defects shall apply.

Only for commercial customers: Any claims for defects by commercial customers assume that the latter have complied with their inspection and complaint obligations from section 377 German Commercial Code (HGB). If the items were not purchased for private use but for use by a self-employed or a commercial activity, the statutory claims for defects may only be asserted within one year of receiving the shipment.

All warranty claims must be sent to:

Walter Blombach GmbH, Am Blaffertsberg 13, 42899 Remscheid, Germany, fax: +49 2191 597-42 - email: info@wabeco-remscheid.de

 

6.   Liability for damages
We are liable for damages - regardless of the legal grounds - within the scope of fault-based liability only

a.  in the event of intentional or grossly negligent breach of duty by ourselves, our legal representatives or our agents; in the event of injury to life, limb or health also in the event of negligent breach of duty;

b.  in the case of defects which we have fraudulently concealed;

c.  in the event of the assumption of a guarantee for the quality of the work;

d.  in the event of liability under the Product Liability Act;

e.  for damage resulting from the not insignificant breach of essential contractual obligations; in the case of simple negligence, however, your compensation shall be limited to the replacement of the foreseeable, typically occurring damage, insofar as there is no liability for injury to life, limb or health.



7.   Cancellation Rights for Consumers
Consumers are entitled to cancellation subject to the following provisions, whereas a consumer is every natural person, who enters into a legal transaction for purposes, which can neither predominantly be allocated to their commercial or self-employed professional activity.


7.1  Cancellation Policy


7.2  Cancellation Right
You have the right to cancel this agreement within 14 days without specifying any reasons. The cancellation deadline is fourteen days from the day, on which you or a third party appointed by you, who is not the shipping agent, took possession of the last goods.

In order to exercise your right to cancellation, you have to inform us

Walter Blombach GmbH

Am Blaffertsberg 13

42899 Remscheid

phone: +49 2191 597-0

fax: +49 2191 597-42

email: info@wabeco-remscheid.de

by means of a clear statement (e.g. a letter sent by mail, fax or email) about your decision to cancel this agreement. You can use the sample cancellation form enclosed, which is however not mandated.





You also can also fill out the sample cancellation form electronically or send another clear statement on our website (www.wabeco-remscheid.de). If you use this opportunity, we will send you a confirmation of receipt of the cancellation without delay (e.g. by email).

To comply with the cancellation period it is sufficient to send off the cancellation declaration before the cancellation deadline expires.


7.3   Consequences of the Cancellation
If you cancel this agreement, we have to refund you all payments we have received from you, including shipping costs (with the exception of the additional costs resulting from you having chosen a different type of shipping than the cheapest standard shipping we offer), without delay and within 14 days from the day on which the notification about the cancellation of this agreement was received. We use the same method of payment for this refund as was used for the original transaction, unless otherwise agreed with you. Under no circumstances will you be charged any fees for this refund.

We can refuse to refund the amount, until we have received the goods, or you have informed us that you have returned the goods, depending on which happens first.

You must return or hand over the goods to us without delay, in any case within 14 days from the day, on which you informed us of the cancellation of the agreement. The deadline has been met, when you send off the goods before the 14 days have expired. We will bear the costs for returning the goods.

You only have to pay for any loss in value of the goods if this loss of value is due to you incorrectly handing them to test the quality, features and function.


7.4   Exclusion of the Right to Cancellation
There is no right to cancellation for agreements for the delivery of goods, which are not prefabricated and for whose manufacture an individual selection or determination by the consumer is essential, or goods which are clearly customized for the consumer’s personal needs.


END OF THE CANCELLATION POLICY

 

8.   Transfer of Risk and Transport
Unless otherwise agreed, shipping to commercial customers is ex works. For commercial customers transport damage can only be recognized, if you inform us of such damage in writing or by email without delay, however within 48 hours of receiving the goods, whereas to meet this deadline the punctual sending of this notification is decisive. For consumers the place of performance is their place of residence.

 

9.   Retention of Title
In the case of delivery for account we reserve the right to the title to the purchased items until all payments from the delivery agreement have been received. In the case of behavior contrary to the agreement by the customer, particularly default on payment, we are entitled to demand return of the items. By taking back the purchased items the agreement is cancelled. After return of the purchased items we are authorized to utilize them (sell them elsewhere). The proceeds from such utilization shall be set off against the amount owed by the customer - after deducting the appropriate costs for such utilization. Until full payment has been made, the customer undertakes not to dispose of the goods through sale, pledging, or hire, or in any other way. The customer undertakes to report any pledging of the goods to us without delay until full payment.

 

10.   Customs Duties
If you order our goods outside of the EU, you may be subject to import duties and taxes, that are levied as soon as the goods reach the specific destination. You are responsible for all additional fees from the customs processing; we have no influence over these fees. Customs regulations differ from country to country, which is why you should contact your local customs authorities for more information.

 

11.   Choice of Law and Place of Jurisdiction
1. German law is applicable to the contractual relationship between the customer and us. Exception to this choice of law are the compulsory consumer regulations of the country, in which the customer generally resides. The application of the UN sales convention is excluded.
2. The place of jurisdiction for any disputes from the contractual relationship between the customer and us is our headquarters in Remscheid, if the customer is an commercial customer, a legal entity under public law, or a legal fund under public law.

 

12.   Complaints
The European Commission provides a platform for online dispute resolution (OS), which you can find under https://ec.europa.eu/consumers/odr/ finden. We are not obligated and generally not willing to participate in a dispute resolution procedure in front of a consumer resolution organization. You can contact us by email at info@wabeco-remscheid.de.

 

13.   Miscellaneous
We reserve the exclusive copyright to pictures, descriptions, operating instructions, and other documents. All products and company names referred to by us are trademarks of the respective owners or manufacturers. If we enable access to other websites on our website by means of an Internet link, we are not liable for the contents of such other websites. We are entitled to store customer data for orders made online for the time up until the agreement has been finally settled, and warranty and cancellation periods have expired. Any transfer to third parties is excluded.