Terms & Conditions 2017-11-06T17:16:47+00:00

General terms and conditions

Applicability

The currently valid edition of the general terms and conditions at the time of conclusion of contract apply in the event of mutual claims from and related to business relations formed between the customer and Wurzer & Wurzer GbR.

Conclusion of contract

The customer waives access to an acceptance agreement pursuant to sec. 151 sentence 1 BGB [German Civil Code]. The contract is established through an explicit conformation of order, or by dispatch of the goods. The offers provided by Wurzer & Wurzer GbR are subject to change and are non-binding – unless otherwise expressly agreed.

Delivery/Invoice

Delivery is made at the gross price valid at the time of the order (net price plus applicable statutory value added tax of country delivered to). The delivery is invoiced to the customer providing nothing else has been agreed. The specified delivery times and periods are approximate. Binding delivery dates must be agreed in writing. The delivery is made to the address specified by the customer. Dispatch of invoice is usually made with the delivery and per e-mail. External, visible transport damage must be reported immediately to and acknowledged by the deliverer (carrier/postman) as any other claims for damages are excluded by Wurzer & Wurzer GbR.

Terms and conditions of payment

The invoice has to be paid in our online store during the purchase.

Retention of title

Wurzer & Wurzer GbR is reserved the right to unlimited retention of title on all goods that are delivered by them or via them to the customer until final and complete payment of the delivered goods has been made.

Subject to availability

If the ordered goods or service are no longer available at Wurzer & Wurzer GbR or due to legal reasons cannot be delivered, Wurzer & Wurzer GbR may withdraw from the contract. Payments already received from customers are immediately reimbursed by Wurzer & Wurzer GbR upon withdrawal from the contract.

Warranty/Liability

The customer is obliged to examine the goods immediately upon receipt. If defects are detected Wurzer & Wurzer GbR be informed immediately. In the case of defects in the product we ensure supplementary performance and may select between rectification of defects or a replacement delivery. If the supplementary performance does not succeed within a reasonable period, the customer may demand a reduction in price (impairment) or a rescission of contract (withdrawal). In the event of only mild infringement of contract, in particular in the case of only minor defects, the customer is not entitled to withdrawal. If an inspection of the notification of defects indicates that it is not a case of warranty, Wurzer & Wurzer GbR is entitled to invoice the customer for the incidental costs. Further liability, in particular for damages that have not occurred to the goods themselves, but for profit loss or other financial loss incurred by the customer who has made the order is excluded.

Salvatorian clause

Should individual provisions of this contract be or become completely or partially invalid, validity of the other provisions of the contract shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to the economic purpose of the contract and taking into consideration the interests of the parties expressed in the contract, as far as this is legally possible; the same applies in the case of an omission.

Final clause

Place and court of jurisdiction is Munich, Germany.