Terms and Conditions

 

GENERAL TERMS AND CONDITIONS

 

 

 

 

Sect. 1   Scope of validity, customer information

 

The following general terms and conditions (GTC) govern the contractual relationship between Karl-Heinz Wagner and consumers and entrepreneurs who purchase goods in our shop www.wagnerberlin.com. Conditions that oppose or differ from our terms and conditions are not accepted by us. The contract language is German.

 

 

Sect. 2   Conclusion of contract

 

(1) The offers on the internet represent a non-binding invitation to you to purchase goods.

 

(2) You can add one or more products into the shopping cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. Once you have entered your information and clicked the order button, you submit a binding offer to conclude a purchase contract. You can also submit a binding order by telephone or by fax. The immediate confirmation by e-mail or fax that your order has been received does not yet constitute acceptance of the offer to buy.

 

(3) We are entitled to accept your offer by sending an order confirmation by e-mail within 4 working days. If the period in sentence 1 expires without acceptance, your offer is deemed to have lapsed, i.e. you are no longer bound to it. In the case of a telephone order, the purchase contract is deemed valid if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.

 

 

Sect. 3   Customer information: Storage of the contractual text

 

Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. We will send the GTC to you, but you can also access the GTC at any time via our website. As registered customer you can access your passed orders over via the  customer login area:  My orders.

 

 

Sect. 4   Customer information: Correction note

 

You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options. You can terminate the order process also at any time by closing of the browser window completely.

 

 

Sect. 5   Retention of title

 

The purchase item remains our property until full payment is made.

 

 

Sect. 6   Statute of limitations of your warranty

 

(1) The warranty

The warranty complies with the statutory provisions.

 

(2) Consumer warranty for used goods

Your warranty due to defects in used goods expires one year after delivery of the item sold to you. Exceptions to this rule are claims for damages, claims against defects that we fraudulently concealed and claims from a guarantee of the condition of the item that we have assumed. For these excluded claims, the statutory limitation periods apply. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.

 

(3) Business warranty for entrepreneurs

Your warranty claims due to defects in the good sold shall become time-barred one year after the passing of risk. The following claims are excluded from this rule:

- on compensation for damages
- for maliciously concealed defects
- arising from any granted warranty
- on recourse under §§ 445a, 478 Bürgerliches Gesetzbuch (BGB, Civil Code)
- due to defects in building materials and components which have been used in accordance with their normal use for a building and which have caused its defectiveness.

The statutory limitation periods shall apply to these excluded claims. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.

 

 

Sect. 7   Limitation of liability

 

We exclude liability for minor negligence in breach of duty, provided such breaches do not involve essential contractual obligations, damages caused by death, bodily injury, impaired health or guarantees or affect claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). Same is valid for obligation injuries of our executing aides and our legal representatives. Belonged to the contract-substantial obligations in particular the obligation to hand over and for you the property to it provide to you the thing. Further we have to provide the thing for you freely from special and defective titles to.

 

 

Sect. 8   Jurisdictional venue

 

The exclusive jurisdictional venue for all disputes arising under this contract is our registered office, if you are a merchant.