I. Standard Business Terms
§ 1 Basic Provisions
(1) The following terms and conditions of business apply to all contracts you conclude with us as provider (WTMT GmbH) on our website www.wtmt.de. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) Consumers according to the following rules shall mean any natural person who enters into a transaction for a purpose that is mainly neither commercial nor their independent professional activity attributed to it. An entrepreneur is a natural or juristic person or a partnership possessing legal personality, acting in the conclusion of the legal transaction as a self-employed trader, businessman or professional person.
§ 2 Conclusion of the Contract
(1) Subject of the contract is the sale of goods. Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You can place a binding offer (order) through our online store with a shopping cart system. The goods intended for purchase are stored in the "shopping cart". By using the corresponding Button (“Basket”) in the upper navigation bar you can control and change at any time your orders.
In the basket you can choose the Button “Continue to your order” to enter your personal data. To handle comfortable further orders you can decide to store your personal data in a customer account. In addition, an optional delivery address deviating from the billing address can be entered. To confirm your personal data (“buy”) it is necessary to read and to accept our privacy statement.
Now you can select the payment method and the shipping method and confirm it (“Buy”). Then you get an overview of all the order data in the “Summary”. Here you can check all data of your order, change them or cancel your order if necessary. There is the possibility to read the “instruction for cancellation”. Before you finish your order you must read and accept the Privacy Statement and the Terms and Conditions. As an option, you have the opportunity to subscribe to our newsletter.
By submitting the order (“buy”) you will submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after order by confirmation in text form (email) in which the execution of the order or the delivery of the goods is confirmed. If you don’t receive the appropriate message you are no longer bound to your order. Any appropriate, existing services rendered will be refund in this case immediately.
(4) The processing of the order and transmission of all information required belonging to the conclusion of the contract will be done by email, in some cases automatically. You have to ensure, that the email adress which you have stated for the buying transaction is correct and suitable to receive the emails from the seller and our email are not prevented by spam filters in particular.
§ 3 Reservation of Proprietary Rights, Right of Retention
(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) Until full payment of the purchase price has been made, the goods shall remain the property of us.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain ownership of the merchandise until full payment of all claims from a current business relationship has been made. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case you hereby assign to us all receivables up to the amount invoiced by which you accrue from the resale; we herewith accept such assignment. You remain authorized for the collection of this claim. However, we reserve the right to collect the receivables ourselves if you do not properly observe your payment obligations.
c) With the processing, combination, commingling of the goods subject to reservation with other goods by the customer, we shall be entitled to co-ownership in the new goods in the relationship of the invoice value of the goods on retention compared to the invoice value of the other used goods.
d) At the request of the customer, we undertake to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%; we shall be responsible for selecting which securities to release.
§ 4 Warranty
(1) The statutory warranty rights apply
(2) As far as you are an entrepreneur in deviation from point (1) wil apply:
a) Only the seller's own information and the product description by the manufacturer but not other advertising, public promotions or statements by the manufacturer are deemed as agreed.
b) You shall be obligated to examine the goods for any deviations in quality and quantity without delay and must report obvious defects in writing (pe. Email) no later than 7 days after receipt of the goods; a timely mailing shall be sufficient to observe the deadline. The same notification period shall apply to defects occurring at a later point in time, calculated from such defects' discovery. The assertion of warranty claims is excluded upon violation of the examination and complaint obligation.
c) In case of defects we initially provide warranty at our choice through rework or replacement. If a repair of defects and/ or replacement is not successful, the purchaser has the right - according to his choice - either to withdraw from contract or to reduce the purchase price. Subsequent improvements shall be regarded as failed after the second unsuccessful try of removal of defects if nothing else arises particularly from the kind of the object or the defect or other reasons, such as due to the buyer's infringement of obligation to co-operate. In the event of a rectification, we are not obligated to bear the increased costs incurred by the transport of the goods to a location other than the place of performance, if the transport does not correspond to the intended use of the goods.
d) The guarantee period is one year starting from the day of delivery of our goods. The shortened warranty period does not apply to culpably caused damages arising from any injury to life, body or health, or damages caused intentionally or with gross negligence, or malice of the Seller, or rights of recourse in accordance with §§ 478, 479 of the German Civil Code (BGB).
§ 5 Liability
(1) We accept unlimited liability in accordance with the law for loss of life, bodily or health impairment. Furthermore, we are liable without limitation in all cases of intent and gross negligence, with fraudulent concealment of a defect, upon assumption of the guarantee for the condition of the purchase object and in all other legally regulated cases.
(2) The liability for defects within the scope of the legal warranty is governed by the corresponding regulation in our customer information (Part II) and our standard business terms (Part I).
(3) If significant contractual obligations are affected, our liability for slight negligence shall be that which is typical for the contract is restricted in amount to foreseeable damage typical of this type of contract. Such important contractual obligations are those that result from the nature of the contract and whose damnification would endanger the purpose of the contract as well as obligations specified in the contract which, on the basis of the content of such a contract, are incumbent upon us with a view to achieving the contractual purpose.
(4) Upon any liability of any immaterial contractual obligation, liability for violations of obligations based on ordinary negligence is barred.
(5) The data communication via the Internet cannot be guaranteed - according to the actual state of technology - error-free and /or with access at any time. We are liable neither for the constant and continuous availability of our Online Shop and to the offered services there.
§ 6 Choice of Law
(1) German law is applied. For consumers this choice of law is valid in as much as the granted protection is not withdrawn through compulsory regulations of the law of the state in which the customer is usually resident (principle of most favourable condition).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply here and are expressly excluded.
II. Customer Information
1. Identity of the Seller
Porzer Straße 17
Alternative Dispute Resolution Bodies:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/consumers/odr.
2. Information about the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the Contract" of our standard business terms (Part I., §2).
3. Contract Language, Contract Text Storage
3.1. Contract Language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed by using the browser's print function or saved electronically. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by email.
4. The essential features of the product and / or services can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. These can be called with the corresponding button (“Payment Options”) in the menu group “INFORMATION” in our online shop or in the respective offer (“shipping”), they will be reported separately during the order process and have to be paid additional by the purchaser, unless it is not promised a delivery free of charge.
5.3. You will find the different payment methods with the corresponding button (“Shipment”) in the menu group “INFORMATION” in our online shop or in the respective offer (“shipping”).
5.4. 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
6.1. 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.
6.2. If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation. If you are an entrepreneur, delivery and shipping is made on your risk.
7. Statutory Warranty Right
7.1. Liability for defects is governed by the “Warranty” provisions in our standard business terms (Part I).
7.2. As consumer you are requested to check the goods for completeness, obvious defects and transport damage after the delivery and to inform us and the freight forwarder about any reclamation. If you are not following these requirements it will not affect your legal warranty rights.