General Terms And Conditions
These Terms and Conditions apply to all purchases made on weparto.com regardless of whether the purchaser is a consumer or business.
A consumer is any natural person which concludes a legal transaction for a purpose that cannot be ascribed to a commercial or self-employed professional occupation. Business is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the exercise of its commercial or self-employed professional occupation.
With regard to businesses, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the businesses use conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to them.
2. Contract partner, conclusion of contract
The contract partner is WEPARTO GmbH.
By placing the products in the cart of the online shop, we make a binding offer for a contract for these items. As long as the products are in the shopping cart there is no obligation for purchase. You can correct your entries at any time. However, when submitting the order for the goods contained in the shopping cart is binding. The contract is concluded by clicking on the order button. Immediately after sending the order you will receive a confirmation by email.
3. Contract language, contract text storage
The languages available for the contract are German and English.
In any case the German text of these conditions shall prevail.
We save the contract text and send you the order data and our terms and conditions by email. You can also see the contract text in your customer account.
4. Terms of delivery
In addition to the prices for product, we add shipping costs. You can find out more about the amount of shipping costs in the offer description.
Shipping is the only delivery option. Unfortunately, a self-collection of the product is not possible. We do not deliver to pack stations.
When selecting the payment method in-advance, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.
6. Transfer of ownership
Until full payment, goods remain our ownership.
For contracts with companies, we reserve the right to ownership of the goods until the full settlement of all claims arising from a current business relationship. You may resell the reserved goods in ordinary business; All claims or receivables resulting from this resale will be paid by you to us in the invoiced amount in advance, irrespective of the connection or mixing of the reserved goods with new items, and we will approve this assignment. You remain authorized to collect claims and receivables, but we may also collect them ourselves, insofar as you fail to meet your payment obligations.
7. Damages during transport
For businesses: the risk of accidental loss or damage to the goods sold is transferred to you as soon as we hand over the goods to the carrier, freight forwarder or the person or agent appointed to deliver the consignment.
Among traders, the obligation to examine and give notice of product defects is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless there are defects that were not identifiable during the examination. This does not apply if we are guilty of malicious silence with regard to a defect.
8. Warranty and Guarantees
Unless explicitly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For businesses, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.
With regard to business partners, the contract is based on product descriptions, which are provided by us and that were mentioned in the contract. We accept no liability for public statements made by anybody else or other advertising statements.
If the delivered goods are faulty, we initially provide to business partners at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents:
- in violation of life, body or health
- in case of intentional or grossly negligent breach of duty as well as malice
- in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, as far as agreed
- as far as the scope of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
Customer Service: You can contact our customer service in case of any questions, complaints and claims on weekdays from 9:00 am to 4:00 pm under +41 41 566 54 00 or by email at firstname.lastname@example.org.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents in case of
- injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- with guarantee promise, as far as agreed, or
- as far as the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute resolution
The European Commission provides an online dispute resolution platform, available at http://ec.europa.eu/consumers/odr/.
We are unwilling and not obligated to participate in a dispute settlement procedure in front of a consumer arbitration board.
11. Final clause
If you are a business entity, then German law will apply explicitly excluding UN purchasing rights.
In the case you are a merchandiser in the sense of the German “Handelsgesetzbuch” (English: “Code of Commercial Law”), a corporate body under public law or under public fund assets, the exclusive place of jurisdiction for all litigation resulting from this contractual relationship is our business location.