Table of contents
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scope
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conclusion of the contract
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Prices and payment terms
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delivery and shipping conditions
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Force majeure
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Delay of performance at the customer's request
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retention of title
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Liability for Defects / Warranty
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Liability
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statute of limitations
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retention, assignment
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Special conditions for the processing of goods according to specific customer specifications
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Applicable law, place of jurisdiction
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of WeltPacker GmbH (hereinafter "Seller"), with registered office in Oberhausener Str. 14, 40472 Düsseldorf , apply to all contracts for the delivery of goods that an entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 These General Terms and Conditions shall also apply exclusively if the Seller carries out delivery to the Customer without special reservation despite being aware of conditions of the Customer that conflict with or deviate from these Conditions.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
1.4 Entrepreneurs within the meaning of these General Terms and Conditions also include authorities or other institutions under public law if they act exclusively under private law when concluding the contract.
2) Conclusion of contract
2.1 The product descriptions presented in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process. The customer can also submit the offer to the seller by email, online contact form or by telephone.
2.3 The Seller may accept the Customer’s offer within five days,
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by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
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by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
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by requesting payment from the customer after placing his order, or
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if payment by direct debit is offered and the customer chooses this payment method, the total price will be debited from the customer's bank account, whereby the time at which the customer's account is debited is decisive.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at PayPal Terms of Use .
2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent.
2.6 The customer can correct his entries during the electronic ordering process until he clicks the button which completes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct.
2.9 If the parties have agreed on special conditions, these shall generally not apply to current and future contractual relationships with the customer.
2.10 If the Customer is financially unable to fulfil his obligations towards the Seller, the Seller may terminate existing exchange contracts with the Customer by withdrawing from the contract without notice.
3) Prices and payment terms
3.1 The prices stated are net prices plus statutory VAT. Packaging and shipping costs are charged separately.
3.2 Various payment options are available to the Customer, which are specified in the Seller’s online shop.
3.3 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced.
3.4 If you select SEPA direct debit as your payment method, the invoice amount is due after a SEPA direct debit mandate has been issued.
4) Delivery and shipping conditions
4.1 The delivery of goods takes place by shipping to the delivery address specified by the customer.
4.2 The Seller is entitled to make partial deliveries as long as this is reasonable for the Customer.
4.3 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
5) Force majeure
In the event of force majeure events affecting the performance of the contract, the Seller is entitled to postpone delivery for the duration of the hindrance or to withdraw from the contract.
6) Delay of performance at the customer's request
If shipping or delivery of the goods is delayed at the customer's request, the customer may be charged storage fees.
7) Retention of title
7.1 The Seller reserves title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects / warranty
8.1 Claims for defects do not arise in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling.
8.2 For new goods, the limitation period for claims for defects is one year from delivery of the goods.
9) Liability
9.1 The seller is liable without limitation in the event of intent or gross negligence.
9.2 In the event of negligent breach of essential contractual obligations, liability is limited to the damage typical for the contract and foreseeable.
10) Limitation Period
The customer’s claims shall expire one year after knowledge of the facts giving rise to the claim, but no later than five years after the service has been provided.
11) Retention, Assignment
11.1 The customer’s rights of retention and refusal to perform are excluded unless the seller does not contest the underlying counterclaims.
12) Special conditions for the processing of goods according to specific customer specifications
12.1 The Customer shall provide the Seller with all content required for processing and grant the necessary rights of use.
13) Applicable law, place of jurisdiction
13.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany.
13.2 The exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered office in Düsseldorf.
WeltPacker GmbH
Oberhausener Str. 14
40472 Düsseldorf
Tax number: 105/5849/2542
VAT ID No.: DE367846723
Mail: info@weltpacker.com
Phone: +49 157 72933385