General Terms & Conditions for users of www.weller.de

§ 1 General provisions; scope of General Terms & Conditions

1.1 All services of Weller Tools GmbH (hereinafter termed “Weller Tools”) are to be effected exclusively on the basis of the following General Terms & Conditions (hereinafter termed “GTC” [“AGB”] as they stand in the valid version thereof that subsists at the time of order placement. Unless expressly agreed in writing, deviating Terms & Conditions shall be deemed inapplicable.

1.2. Those who are deemed users in the context of these Terms & Conditions are both consumers and entrepreneurs (hereinafter termed "Users"). Consumers designated thus under these Terms & Conditions are individuals who conclude specifically targeted agreements that cannot be ascribed to a commercial or professional activity. Entrepreneurs designated thus under these Terms & Conditions are individuals or legal entities or private companies with legal empowerment, who or which conduct activities within a commercial or professional framework.


§ 2 Description of services


2.1 The merchandise offered via our online shop is solely representative of a selection of goods that are marketed by our company by means of multiple distributors. We do not sell goods directly. Our portal, therefore, principally serves to disseminate information about our products. You may not conclude a purchase agreement with us via this plattform.

You may, however, select goods and submit a corresponding enquiry to us.

This enquiry will then be forwarded to an appropriate local distributor who will subsequently provide you with a non-binding quotation for the selected goods.

In the event that you conclude an agreement based upon this quotation, such an agreement is deemed to be a matter that subsists solely between you and the respective distributor. Accordingly, we act solely as mediators who provide a platform thereto.

2.2 You may add disparate goods to your shopping cart. Directly purchasing these goods is not permitted. However, you may submit an enquiry pertaining to the selected goods by clicking the appropriate button.

You must first, however, register and open a customer account with us. Your enquiry will then be forwarded to the appropriate local distributor responsible for the order submitted. The distributor concerned will be identified to you at the end of the enquiry process and will subsequently submit a quotation to you.


§ 3 Prices

All prices are recommended and non-binding. The distributor concerned may choose to submit a quotation to you that details differing prices.


§ 4 Terms of delivery and payment

Terms of delivery and payment are defined by the distributor in the quotation submitted.


§ 5 Warranties

As we are not deemed to be an immediate contractual partner, you are required to approach the distributor concerned directly should you have any warranty claims. We assume liability only for product quality.


§ 6 Liability for compensation of damages and reimbursement of expenditure

6.1 For those who are consumers, we undertake to remain liable for damages in accordance with legal statutes.

6.2 For those who utilise our platform as entrepreneurs, the following provisions apply in the event of our contractual liability for damages:

6.2.1 Insofar as the claims raised against us are in respect of wilful violation of obligations effected by us, by our representatives or by our agents, we assume liability for damages in accordance with legal statutes. In instances of claims raised against us that allege grossly negligent violation of obligations effected by us, by our representatives or by our agents, liability is limited to foreseeable, typically occurring damage.

6.2.2 Insofar as we or our representatives or agents have culpably violated an obligation that is critical to the proper implementation of the Agreement, whose violation jeopardises the attainment of the contractual objective and in which the User routinely reposes confidence – and should no instance of liability be set out in the legal statutes – liability is limited to foreseeable, typically occurring damage.

6.2.3 Unless otherwise defined in Clauses 6.2.1 and 6.2.2, our liability for compensation of damages is excluded. This also applies insofar as claims for recourse are asserted against us as suppliers in accordance with § 478 of the German Civil Code.

6.3 Liability exclusions and limitations subsisting under the terms of Clause 6.2 also apply to other claims, especially tort liability claims or claims for reimbursement of futile expenditure  instead of performance.

6.4 Liability exclusions and limitations subsisting under the terms of Clause 6.2 do not apply to any subsisting claims in accordance with product liability law as defined in §§ 1, 4 or in consequence of culpable damage inflicted on life, body or health. They are also inadmissible insofar as we have assumed a warranty for the properties of the goods in question, have undertaken to commit to the provision of services or have assumed a procurement risk, following which the merchandise is under warranty or the procurement risk is effective.

6.5 Liability arising from assumption of a procurement risk pertains to us only if we have expressly and in writing assumed that procurement risk.

6.6 Insofar as limitation of liability in accordance with Clause 6.2 is inadmissible in claims alleging manufacturers’ liability in accordance with § 823 of the German Civil Code, our liability is limited to payment of product liability insurance. Insofar as this is inapplicable – or is applicable only in part – we are liable to the limit of the indemnity. This Clause does not apply in the event that culpable damage is inflicted on life, body or health.

6.7 Insofar as our liability is excluded or limited, this also applies to individual liability incurred by our employees, workers, associates, representatives and agents.

6.8 Reversal of the burden of proof is not implicated in the aforementioned provisions.


§ 7 Service

In the event of queries or complaints, please complete the form provided online for this purpose. We shall respond immediately.


§ 8 Rule of law; place of jurisdiction

8.1 The law of the Federal Republic of Germany, under exclusion of the UN sales law, is applicable.
 
8.2 In the case of Users who utilise our platform for any purpose unattributable to professional or commercial activity (consumers), law applicability is subject to the precondition that they are not disadvantaged by being denied access to more favourable legal provisions prevailing in the state in which they habitally reside.

8.3 The place of fulfilment for all our services pertinent to order placement by a dealer, a legal entity under public law or a public law corporation or public sector fund shall be our company offices in Besigheim.

8.4 The place of jurisdiction for all disputes arising from this contractual relationship – in the event that order placement is effected by a dealer, a legal entity under public law or a public law corporation or public sector fund – shall be our company offices in Besigheim.





§ 9 Other provisions



9.1 The contract languages shall be German and English.



9.2 Should single or multiple provisions within these General Terms & Conditions be deemed invalid, the remainder of the Agreement is to continue to be deemed valid. The content of any invalid provisions is to be governed by statutory regulations.




Updated: November 2010