Terms and Conditions
Standard Business Terms and customer information
I. Standard business terms
§1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Westhoff Mobile Hydraulik GmbH) via the nfz-hydraulik.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§3 Special agreements related to the offered payment methods
(1) Validity check
If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to Creditreform Bochum Böhme KG, Lise-Meitner-Allee 26, 44801 Bochum, for a validity check using a mathematical-statistic process in order to safeguard our authorised interests. We reserve the right to reject the mode of payment of an invoice or debit note on the basis of the results of the validity check.
(2) SEPA debit note (base and/or corporate debit note)
If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate.
The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.
§4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(4) If WMH culpably defaults on delivery and the purchaser incurs damage as a result, he is entitled to demand a flat rate compensation for the delay. It amounts to 0.5% for each full week of delay, but a maximum of 5% of the value of that part of the total delivery that cannot be used on time or in accordance with the contract as a result of the delay.
§5 Warranty
(1) The warranty period is one year from delivery of the item. The shortening of the deadline does not apply:
o for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
o if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
o for items that were used for a building in accordance with their normal use and caused its defects;
o in the event of legal recourse claims that you have against us in connection with defect rights.
(2) Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the item, but not other advertising, public praise and statements made by the manufacturer.
(3) The buyer must check for himself whether the goods ordered from WMH are suitable for his intended purposes. The unsuitable goods only represent a defect if WMH has confirmed the suitability to the buyer in writing.
(4) The wear and tear of wearing parts during normal use does not constitute a defect.
(5) If assembly, installation, sales or maintenance instructions for the items delivered by WMH are not followed, changes are made to the products, parts are replaced or consumables are used that do not correspond to the original specifications, claims for defects only exist if the buyer provides proof that the defect was not caused by this, but was already present when the risk was transferred. WMH is liable for ensuring that its products are free from manufacturing and material defects and otherwise have the quality agreed in the order confirmation. Claims by the buyer due to defects require that the buyer has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (UGB).
(6) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.
§6 Disclaimer of liability
(1) If the delivery item cannot be used by the purchaser in accordance with the contract as a result of the supplier's culpable omission or incorrect suggestions or advice given before or after the conclusion of the contract, or due to the culpable violation of other contractual ancillary obligations - in particular instructions for the operation and maintenance of the delivery item - then The provisions of §5 apply to the exclusion of further claims by the purchaser.
(2) The supplier is only liable - for whatever legal reasons - for damage that did not occur on the delivery item itself
a. with intent,
b. in the event of gross negligence on the part of the owner/organs or senior employees,
c. in the event of culpable injury to life, body, health,
d. in the case of defects that he has fraudulently concealed,
e. as part of a guarantee promise,
f. in the event of defects in the delivery item, insofar as liability for personal injury or property damage to privately used items is assumed under the Product Liability Act.
In the event of a culpable violation of essential contractual obligations, the supplier is also liable for gross negligence on the part of non-executive employees and for slight negligence, in the latter case limited to the damage typical for the contract and reasonably foreseeable. Further claims are excluded.
§7 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Westhoff Mobile Hydraulik GmbH
Borker Straße 86
45731 Waltrop
Germany
Telephone: 023097847300
E-Mail: info@westhoff-hydraulik.de
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1. The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2. The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3. If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5. The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6. Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
7. Statutory warranty right
The statutory warranty rights are applicable.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
last update: 23.10.2019