General Terms And Conditions

I. General Terms and Conditions

Section 1 Basic Provisions

(1) The following terms and conditions apply to all contracts concluded with us as the supplier (WTMT GmbH) via the website wtmt.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

Section 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods. Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You may submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.

Via the "Proceed to order" button in the shopping cart view, you enter your personal details. To process future orders more conveniently, you may choose to save your personal data in a customer account. Additionally, you may optionally enter a delivery address that differs from the billing address. To confirm your personal data ("Submit customer data"), you must read and accept our privacy policy.

You then select and confirm the payment method and shipping method ("Continue with order"). Finally, all order data is displayed again in the "Summary". Before submitting the order, you have the opportunity to review and change all details or cancel the purchase. You can also view the cancellation policy ("Cancellation instructions"). Before submitting the order, the current privacy policy and our General Terms and Conditions must be read and confirmed. You also have the option to subscribe to our newsletter.

By submitting the order via the "Place order with obligation to pay" button, you submit a binding offer to us.

(3) Acceptance of the offer (and thus conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you do not receive such a message, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by spam filters.

Section 3 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additionally applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer by way of security is not permitted before title to the reserved goods has passed.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale, and we accept this assignment. You remain authorised to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

Section 4 Warranty

(1) The statutory warranty rights apply.

(2) If you are an entrepreneur, the following applies in deviation from paragraph 1:

a) Only our own statements and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods in text form (e.g. email); timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered subsequently, from the time of discovery. Failure to comply with the obligation to inspect and give notice of defects shall exclude the assertion of warranty claims.

c) In the event of defects, we shall provide warranty at our discretion by repair or replacement delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of the defect shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of repair, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages attributable to us arising from injury to life, body or health caused by negligence, nor to damages caused by gross negligence or intent or fraud, nor to claims for recourse pursuant to Sections 478, 479 of the German Civil Code (BGB).

Section 5 Liability

(1) We are fully liable for damages arising from injury to life, body or health. We are also fully liable in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the purchased item, and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty is governed by the corresponding provisions in our Customer Information (Part II) and General Terms and Conditions (Part I).

(3) Where material contractual obligations are concerned, our liability for slight negligence is limited to the foreseeable damage typical of the contract. Material contractual obligations are essential obligations arising from the nature of the contract, the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations imposed on us by the contract according to its content for the achievement of the contractual purpose, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which you may regularly rely.

(4) Liability for the breach of non-material contractual obligations is excluded in the case of slightly negligent breaches of duty.

(5) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.

Section 6 Choice of Law

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller

WTMT GmbH
Oberrimbach 1
84419 Obertaufkirchen
Germany
Phone: +49 (0)8082 / 2718808
Email: info@wtmt.de

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I, Section 2).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of your order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

4. Essential Characteristics of the Goods

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Methods

5.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been agreed.

5.3. The payment methods available to you are shown on our website under "Payment options".

5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions

6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental destruction and accidental deterioration of the goods sold during shipment only passes to you upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently engaged a transport company not named by the seller or a person otherwise designated to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Warranty

7.1. Liability for defects in our goods is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).

7.2. As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.

8. Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.