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Terms & Conditions |
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§1 Scope of Application
For any contracts or agreements concerning the delivery and shipment of goods, whether ordered by the Buyer in writing, by telephone, fax, via the internet or personally with the Wichert GmbH the following terms and conditions of sale shall exclusively apply. Delivery and shipment will only be executed within the defined delivery area.
These General terms and Conditions shall also apply for all future commercial transactions even if we do not expressly refer to or agree on them.
Any verbal agreements or additional understandings shall be documented on a durable data medium. Any alterations of conditions, including this clause of confirmation as well as agreements on dates and times of delivery, which can be agreed on as binding or without obligation, must be confirmed by Wichert GmbH.
Any deviating conditions of the Buyer shall be valid only if confirmed by us in writing.
§2 Offers, Conclusion of Contract, Conditions and Terms of Performance and Delivery
Offers on our websites, in catalogues as well as price lists are without obligation and subject to confirmation if not expressly guaranteed. Orders will only be considered as binding if confirmed by us or if we comply by delivering the goods.
A contract will be concluded on the basis of a forwarded order by the customer and the acknowledgment of the order by Wichert GmbH. This can also be effected verbally if the order was placed by telephone. Postal orders do not need to be acknowledged by Wichert GmbH. In this case the contract is considered concluded by the delivery of the goods concerned.
The same shall apply if, in any case of force majeure or other unforeseen events, delivery becomes impossible or is obstructed considerably due to circumstances beyond our control. Such events include in particular: Fire, flood, industrial disputes, breakdowns at our factory, strike, and government regulations, which are not part of our general business risk and which we were not able to avert despite reasonable care. In the aforementioned cases we will notify the Buyer without delay about the impossibility to effect the delivery in question. Any advance payments will be reimbursed immediately
§3 Prices, Forwarding Charges, Terms of Payment, Retention of Title
The list prices quoted are set as at the date of order
Prices are to be understood ex warehouse Wichert GmbH in D-28816 Stuhr and include VAT. Delivery will be effected by DHL (Deutsche Post) or by forwarding agent. For deliveries within Germany the forwarding charges will be € 5.50. For COD deliveries a further delivery charge of € 6.00 will be added to the forwarding charges. Outside of the territory of the Federal Republic of Germany COD charges will be based upon the COD charges of the respective service provider (as a rule the charge amounts to € 12.00). We must point out that within Germany we will only forward parcels up to a maximum of 30 kgs. Should the overall weight of the ordered goods exceed 30 kgs we will have to split up the consignment and forward several parcels and accordingly delivery charges will be billed for each individual parcel.
Information on all precise delivery charges concerning deliveries to countries other than Germany can be obtained by using our online-shop charge calculator or directly from us. We reserve the right to decline any order without specification of reason.
The property in any goods supplied shall remain with us until full payment for those goods.
Any reselling of the reserved goods to third parties is subject to an extended retention of title.
Delivery shall solely be effected against cash in advance, COD, credit card payment and against invoice if we have been given a direct debit mandate by the Buyer in advance. Delivery against 10 days´ credit will be possible in case of existing business relationships. Discounts have to be agreed on beforehand.
Should the point of delivery be outside of the Federal Republic of Germany payment will be due on order acceptance and can only be made by cash in advance (COD, credit card or prepayment).
To keep the delivery charges in case of multiple orders as low as possible we reserve the right to split up 20 kgs consignments into two consignments of 10 kgs each.
The customer informs us of a valid shipping address and makes sure
that the goods on order can be delivered during standard local
business hours.
§4 Liability
Liability shall be limited to the value of the ordered goods. Exempted are claims according to the products liability law. Any further legal requirements shall remain unaffected.
§5 Transfer of Risk/Warranty
The risk of accidental destruction and/or accidental deterioration in the goods shall pass to the Buyer upon the goods being shipped to the Buyer/at the moment of delivery/ upon the goods leaving the factory or warehouse respectively upon delivery to the forwarding agent. This also holds true for partial shipments.
We guarantee proper packaging and transport of the ordered goods according to the legal requirements. We shall not accept warranty for a complete delivery performance and punctual delivery as well as delivery within a specified time frame.
Our warranty is based on the respective legal statutes.
The warranty shall not cover damage and defects arising from improper and inappropriate use, processing, storage, faulty and negligent treatment or failure to comply with our instructions for use.
Upon arrival of the merchandise the Buyer has to check the goods for defects, damages and deficiencies without delay and immediately assert claims in case of noticeable deficiencies. The Buyer must duly acknowledge proper receipt of the goods with the assigned contractor (forwarding agent, carrier). Incidentally, further legal provisions shall remain unaffected.
The warranty periods shall be reduced to the periods stipulated by the HGB if the customer has the legal status of a tradesman.
§6 Data Protection and Privacy Policy
All personal data collected from our customers will be treated confidentially. We will limit the collection, storage and use of the necessary data to the minimum required in conjunction with processing and executing orders properly and only release them to contractors and carriers respectively to banks for accounting purposes in accordance with the valid Federal Data Protection Act.
§7 Right of Withdrawal, Consequences of Withdrawal, Exclusion of Withdrawal
You can withdraw from your contract in written form (e.g. letter, fax, e-mail) within two weeks without specification of reason, or by returning the goods. Respite will commence at the earliest with receiving these instructions. To comply with the time limit it is sufficient to mail the withdrawal or cancellation or return the consignment in due time. The cancellation is to be addressed to our registered office in D-28816 Stuhr, Birkenkamp 27.
In the case of an effective withdrawal, mutually accepted rendered services are to be returned and, if applicable, interest drawn is to be reimbursed. If you can only return the accepted services/goods in part or not at all, or in a deteriorated condition, you will have to provide due compensation. This does not apply to surrendered goods if their deteriorated condition is exclusively due to their checking and inspection (as e.g. customarily performed while buying goods in shops). To avoid the obligation of providing compensation in the beginning treat the goods as if you, maybe, borrowed them and refrain from debasing the goods in any way.
The Buyer will have to bear the expenses of returning the goods if the delivered goods comply with what you ordered and if the price of the returned goods does not exceed the amount of € 40.00 or if you, in case of a higher price of the goods at the time of withdrawal, have not rendered the agreed full consideration or any contractually agreed part payment.
We must explicitly point out that perishable goods – such as feed – are excluded from the statutory provisions concerning revocation ($ 312 BGB) as soon as the product packaging has been opened. We cannot take back opened parcels due to hygienic reasons. In addition to the above mentioned matter goods “tailored to customer specifications” i.e. products like our individually designed and bagged feed consignments are excluded from revocation anyway. In this respect we refer you to the statutory provisions in § 312 paragraph 4 No. 1 BGB.
In case of the customer being a merchant who has been entered as such in the commercial register he is not entitled to any right of withdrawal respectively sale or return according to § 312 BGB.
§8 Applicable Law, Place of Venue, Final Clauses
The Buyer accepts the aforementioned conditions and terms as contracted (agreed upon by contract).
contracting parties agree that any contractual relationship (privity of contract) now and in future after performance of the contract shall exclusively be governed by the Law of the Federal Republic of Germany excluding US Sales Laws in general and that any conflict of law provisions or the UN Convention on the International Sale of Goods (CISG) shall not apply.
Binding contractual language shall be German.
Place of Venue shall be Stuhr – as far as legally allowed. Place of Venue will solely be agreed upon at the court having jurisdiction at the place of performance if the customer is a registered merchant, a legal entity organised under public law or special public-law funds or if the customer does not have a place of general jurisdiction in the Federal Republic of Germany.
The fact that one part of the contract is or has become partly or wholly invalid does not mean that the entire contract is incidentally void. In this case the invalid part has to be reinterpreted or supplemented in such a way that the intended economic purpose/object will be achieved.
These General Sales Conditions exist in a German and an English version. In case of discrepancies or ambiguities the German version shall prevail exclusively.
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