General Terms and Conditions

Contractual terms and conditions for purchase agreements concluded via the platform http://shop.whdsoundsgood.de

between

Wilhelm Huber & Söhne GmbH & Co.KG
Bismarckstr. 19
78652 Deißlingen
Tel.: 07420-889 0
Fax: 07420-889 51
info@whd.de

– hereinafter referred to as "Provider" –

and

the users of this platform referred to in § 2 of these General Terms and Conditions – hereinafter referred to as "Customer/Customers" –.

§ 1 Scope

For the business relationship between the Provider and the Customer, only the following General Terms and Conditions in their version valid at the time of the order shall apply. Deviating conditions of the Customer are not recognized, unless the Provider expressly agrees to their validity in writing.

§ 2 Conclusion of Contract

(1) The Customer can select products from the Provider's assortment and collect them in a so-called shopping cart by clicking the "add to cart" button. By clicking the "Buy now" button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and review the data at any time.

(2) The Provider will then send the Customer an automatic confirmation of receipt with the subject "Confirmation of your order at " by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the Customer by us on a durable data carrier (e-mail or paper printout). The contract text will be stored in compliance with data protection.

(3) The contract is concluded in the following languages: German.

§ 3 Delivery, Product Availability, Payment Methods

(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.

(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider will also inform the Customer of this immediately. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract. In this case, any payments already made by the Customer will be refunded immediately.

(3) The following delivery restrictions apply: The Provider only delivers to Customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.

(4) The Customer can make payment by bank transfer, PayPal.

(5) The purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the Customer is already in default by missing the deadline.

§ 4 Retention of Title

The delivered goods remain the property of the Provider until full payment of the purchase price.

§ 5 Prices and Shipping Costs

(1) All prices stated on the Provider's website include the applicable statutory value-added tax.

(2) The corresponding shipping costs are indicated to the Customer in the order form and shall be borne by the Customer, unless the Customer exercises any right of withdrawal.

(3) In the event of a withdrawal, the Customer shall bear the direct costs of returning the goods.

§ 6 Warranty for Defects

(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB (German Civil Code). For entrepreneurs, the warranty period for goods delivered by the Provider is 12 months.

§ 7 Liability

(1) Claims for damages by the Customer are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the Customer arising from injury to life, body or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 8 Information on Data Processing

(1) The Provider collects data from the Customer in the course of processing contracts. In doing so, it particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the Customer's consent, the Provider will only collect, process, or use inventory and usage data of the Customer insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia services.

(2) Without the Customer's consent, the Provider will not use the Customer's data for advertising, market, or opinion research purposes.

§ 9 Final Provisions

(1) Contracts between the Provider and the Customers are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider's registered office.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if any. However, if this would represent an unreasonable hardship for one contracting party, the contract shall become ineffective as a whole.