General terms and conditions with customer information

WHB Metalldesign & Charging GmbH

table of contents

1. Scope

2. Conclusion of the contract

3. Right of withdrawal

4. Prices and terms of payment

5. Delivery and shipping conditions

6. Retention of title

7. Liability for defects (warranty)

8. Special conditions for the processing of goods according to certain specifications

of the customer

9. Special conditions for assembly / installation services

10. Applicable Law

11. Place of jurisdiction

12. Alternative dispute resolution

1) Scope

1.1

Our general terms and conditions apply exclusively (hereinafter

"Terms and Conditions"), with which our customer (consumer or entrepreneur, hereinafter

"Customer") when placing the order, and also for future ones

Transactions, even if not expressly referred to, but they do

Orderer have received an order confirmed by us. Will the job

Issued deviating from our general terms and conditions, then also apply

only our general terms and conditions, even if we do not contradict them.

Deviations therefore only apply if they have been expressly recognized by us in writing

have been.

1.2

A consumer within the meaning of these terms and conditions is any natural person who conducts a legal transaction

for purposes that are predominantly neither commercial nor their

can be attributed to independent professional activity. Entrepreneur in the sense

of these terms and conditions is a natural or legal person or a legal person

Partnership which, when concluding a legal transaction, is exercising its

commercial or independent professional activity.

2) Conclusion of the contract

2.1

Provide the product descriptions contained in the seller's online shop

do not constitute binding offers on the part of the seller, but serve for submission

a binding offer by the customer.

2.2

The customer can use the offer integrated in the seller's online shop

Submit online order form. In doing so, the customer gives after having selected the

Goods placed in the virtual shopping cart and the electronic ordering process

has gone through, by clicking the button that concludes the ordering process

legally binding contract offer with regard to the items in the shopping cart

Goods from. Furthermore, the customer can also make the offer by phone or email

give to the seller.

2.3

The seller can accept the customer's offer within five days,

- by sending the customer a written order confirmation or a

Order confirmation sent in text form (fax or email), whereby the

Receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, whereby in this respect the receipt of the goods

is decisive for the customer, or

- by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract comes in the

Time at which one of the aforementioned alternatives occurs first. The deadline

acceptance of the offer begins on the day after the offer is sent

running to the customer and ends at the end of the fifth day, which is on the

The offer will be sent. Does the seller accept the customer's offer within

If the aforementioned deadline is not met, this is deemed to be a rejection of the offer with the result that

the customer is no longer bound by his declaration of intent.

2.4

If you choose one of the payment methods offered by PayPal, the

Payment processing via the payment service provider PayPal (Europe) S.à rl et Cie,

SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), at

Validity of the PayPal terms of use, can be viewed at

https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer

does not have a PayPal account - subject to the terms and conditions for payments

without a PayPal account, can be viewed at

https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. The customer pays using

a payment method offered by PayPal that can be selected in the online ordering process,

the seller already declares the acceptance of the customer's offer in the

Time at which the customer clicks the button to complete the order process.

2.5

When submitting an offer via the seller's online order form,

the contract text is saved by the seller and the customer after the contract is concluded

after sending the order in writing (e.g. email, fax or letter)

transmitted. Any further provision of the text of the contract by

the seller does not take place.

2.6

Before placing a binding order via the online order form of the

Seller can tell the customer possible input errors by carefully reading the

Recognize the information displayed on the screen. An effective technical means

For better recognition of input errors, the magnification function of the

Browser, with the help of which the representation on the screen is enlarged. His

The customer can enter data for this long as part of the electronic ordering process

correct the usual keyboard and mouse functions until he completes the ordering process

clicks the final button.

2.7

The German and English languages are available for the conclusion of the contract

Disposal.

2.8

The order processing and contact usually take place via email and

automated order processing instead. The customer has to ensure that by him

for the order processing is correct, so that under this

Address the emails sent by the seller can be received.

In particular, when using SPAM filters, the customer must ensure that all

by the seller or by a third party commissioned to process the order

sent emails can be delivered.

2.9

We are entitled to assign the claims from our contractual relationships.

3) right of withdrawal

3.1

Consumers generally have a right of withdrawal.

3.2

More detailed information on the right of cancellation can be found in the cancellation policy

of the seller.

4) Prices and terms of payment

4.1

Unless otherwise stated in the seller's product description,

The prices given are total prices that are statutory

VAT included. If applicable, additional delivery and

Shipping costs are specified separately in the respective product description.

4.2

For deliveries to countries outside the European Union, in individual cases

further costs are incurred for which the seller is not responsible and which the customer is responsible for

are wearing. These include, for example, the costs of transferring money

Credit institutions (e.g. transfer fees, exchange rate fees) or

legal import duties or taxes (e.g. customs duties). Such costs can be in relation to

The money transfer will also be incurred if the delivery is not to a country

outside the European Union, but the customer is paying from a country

outside the European Union.

4.3

The payment option (s) is / are available to the customer in the online shop of

Communicated by the seller.

4.4

If you select the "SOFORT" payment method, payment is processed via the

Payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter

"IMMEDIATELY"). In order to be able to pay the invoice amount via "SOFORT", the

Customer via an online banking account activated for participation in "SOFORT"

have, legitimize themselves accordingly during the payment process and the

Confirm payment instructions to "SOFORT". The payment transaction will

immediately afterwards carried out by "SOFORT" and the customer's bank account

burdened. The customer can find more information about the "SOFORT" payment method on the Internet

Retrieve it from https://www.klarna.com/sofort/.

4.5

If you choose the payment method purchase on account, the purchase price is due after the

Goods have been delivered and invoiced. In this case the purchase price is within

payable within 14 (fourteen) days from receipt of the invoice without deduction, unless nothing

otherwise agreed. The seller reserves the right to purchase on account

only offer up to a certain order volume and this payment method

Refuse to exceed the specified order volume. In this case the

Seller the customer in his payment information in the online shop on a

indicate the corresponding payment restriction.

4.6

If the payment method "PayPal invoice" is selected, the seller takes his part

Payment request to PayPal. Before accepting the seller's declaration of assignment

PayPal carries out a credit check using the transmitted customer data

by. The seller reserves the right to offer the customer the payment method "PayPal invoice"

to refuse in the event of a negative examination result. Will the payment method

"PayPal invoice" approved by PayPal, the customer has the invoice amount

to be paid to PayPal within 30 days of receipt of the goods, provided that it was received from

PayPal does not specify a different payment term. In this case it can only be sent to PayPal

with debt-discharging effect. However, the seller remains even in the case of

Assignment of claims responsible for general customer inquiries e.g. B. to the goods,

Delivery time, dispatch, returns, complaints, declarations of revocation and

- mailings or credits. The general guidelines also apply

Terms of use for the use of purchase on account from PayPal, available at

https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.7

When selecting one of the payment methods offered by the "Klarna" payment service

Payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34

Stockholm, Sweden (hereinafter "Klarna"). More information and the

Klarna's conditions for this can be found in the payment information of

Seller, which can be viewed at the following Internet address:

https://www.whb-charging.com/zahlungsinformationen

4.8

As far as the customer / client is an entrepreneur, are

all payments with debt-discharging effect exclusively to AKTIVBANK AG,

Herriotstraße 1, 60528 Frankfurt am Main, to which we have our present

and assigned future claims from our business relationship. Even

We have transferred our reserved property to AKTIVBANK AG.

4.9

If the customer is in arrears with payment obligations towards us, so

all existing claims are due immediately.

4.10

A set-off by the customer with counterclaims is excluded

unless the counterclaims are undisputed or have been legally established. the

Assertion of a right of retention by the customer is excluded, it

unless it is based on the same contractual relationship or the counterclaims are

undisputed or legally established.

5) Delivery and shipping conditions

5.1

The delivery of goods takes place on the dispatch route to the customer

specified delivery address, unless otherwise agreed. When handling the

The transaction is the delivery address given in the seller's order processing

essential.

5.2

If the delivery of the goods fails for reasons for which the customer is responsible,

the customer bears the reasonable costs incurred by the seller. this

does not apply with regard to the costs of the dispatch if the customer is

Effectively exercises the right of withdrawal. For the return costs applies with effective exercise

the right of withdrawal by the customer in the cancellation policy of the seller

regulation made in this regard.

5.3

The seller reserves the right in case of incorrect or incorrect

to withdraw from the contract due to proper self-delivery. This only applies to the

In the event that the non-delivery is not the responsibility of the seller and the seller is responsible for the

With due diligence, a specific hedging transaction has been concluded with the supplier

Has. The seller will make every reasonable effort to get the goods

procure. In the event of unavailability or only partial availability of the

The customer will be informed immediately of the goods and the consideration will be given immediately

refunded.

5.4

In the case of self-collection, the seller first informs the customer by email

that the goods ordered by him are ready for collection. After receiving this

The customer can e-mail the goods after consultation with the seller at the headquarters of the

Pick up the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes an advance payment, he reserves the right until the full payment of the

owed purchase price the ownership of the delivered goods. We are entitled

our rights from the reservation of title - in particular the withdrawal of the under

Retention of title delivered goods - without a prior withdrawal from the respective

To enforce the purchase contract.

7) Liability for defects (warranty)

7.1

If the purchased item is defective, the statutory provisions apply

Liability for defects.

7.2

If the customer acts as a consumer, he is asked to include the delivered goods

to complain about obvious transport damage to the deliverer and the seller

to inform about this. If the customer does not comply, it does not have any

Effects on his legal or contractual claims for defects.

8) Special conditions for the processing of goods according to certain

Specifications of the customer

8.1

If the seller owes according to the content of the contract in addition to the delivery of goods

the processing of the goods according to certain specifications of the customer is also the responsibility of the customer

provide the seller with all content required for processing, such as texts, images or

Graphics in the file formats, formatting, image and

To make file sizes available and to give him the necessary rights of use

to admit. For the procurement and the acquisition of rights to this content is alone

the customer responsible. The customer declares and takes responsibility for

that he has the right to use the content made available to the seller. He wears

In particular, ensure that this does not infringe any third party rights,

in particular copyrights, trademarks and personal rights.

8.2

The customer exempts the seller from claims by third parties, which these in

In connection with a violation of your rights through the use in accordance with the contract

the content of the customer can be asserted against the seller by the seller.

The customer also assumes the reasonable costs of the necessary

Legal defense including all court and attorney fees in statutory

Height. This does not apply if the customer is not responsible for the infringement. Of the

The customer is obliged to inform the seller in the event of a claim by a third party

immediately, truthfully and completely all information available

that are necessary for the examination of the claims and a defense.

8.3

The seller reserves the right to refuse processing orders if the dated

Content provided to customers for this purpose against legal or official prohibitions or

offend morality. This applies in particular to provision

unconstitutional, racist, xenophobic, discriminatory,

content that is offensive, endangering youth and / or glorifies violence.

9) Special conditions for assembly / installation services

If the seller owes according to the content of the contract in addition to the delivery of goods

the assembly or installation of the goods at the customer's site and, if necessary, appropriate

Preparatory measures (e.g. measurement), the following applies:

9.1

The seller provides his services in his own person or at his own discretion

by qualified personnel selected by him. The seller can also do this

the services of third parties (subcontractors) who act on his behalf.

Unless otherwise stated in the seller's description of services, the

Customer is not entitled to the selection of a specific person to carry out the

desired service.

9.2

The customer has to pay the seller for the provision of the

Service required information completely and truthfully

To be made available, provided that their procurement is not in accordance with the content of the contract

falls within the seller's circle of duties.

9.3

The seller will contact the customer after the contract has been concluded

to arrange an appointment with him for the service owed. Of the

The customer ensures that the seller or the personnel assigned by him

has access to the customer's facilities at the agreed time.

9.4

The risk of accidental destruction and accidental deterioration of the

sold goods only go with the completion of the assembly work and the handover

to the customer to the customer.

10) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties

Germany to the exclusion of the laws on international purchase more mobile

Goods, the UN sales law and conflict of laws provisions of German law.

For consumers, this choice of law only applies to the extent that it is not the one granted

Protection by mandatory provisions of the law of the state in which the consumer

has his habitual residence is withdrawn.

11) Place of jurisdiction

Does the customer act as a merchant, legal entity under public law or

special fund under public law with headquarters in the territory of the Federal Republic of Germany

Germany is the exclusive place of jurisdiction for all disputes arising from this contract

at our option the business address of the seller or Frankfurt am Main.

If the customer is based outside the territory of the Federal Republic of Germany,

so is

at our option the business address of the seller or Frankfurt am Main

exclusive place of jurisdiction for all disputes arising from this contract, if the

Contract or claims arising from the contract of professional or commercial activity

of the customer can be attributed. The seller is in the above cases

however, in any case entitled to call the court at the customer's registered office.

12) Alternative dispute resolution

12.1

The EU Commission provides a platform on the Internet at the following link

Online dispute resolution ready: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes

from online purchase or service contracts to which a consumer is a party.

12.2

The seller is to participate in a dispute settlement process before a

Consumer arbitration board not obliged, but ready to do so.