General Terms and Conditions
General Terms and Conditions for business clients (B2B) – Waldmann B2B Shop
§ 1 Scope of application, contractual language
(1) The following general terms and conditions (GTC) shall apply between you and us, the operating company of the Herbert Waldmann GmbH & Co. KG Webshop
constancy GmbH
August-Bebel-Straße 27b
07743 Jena
VAT identification number: DE 263322098
Commercial Register: HRB 502413
District court Jena
represented by the managing directors Mario Melle and Tobias Reich.
to all contracts concluded in the online shop. We do not accept any deviating or additional general terms and conditions of our customers.
(2) The contractual language is German. All translations are for sake of information. In the event of contradictions, the German text shall prevail.
(3) We address our offers in the online shop at www.shop.waldmann.com only to legal entities under public law, associations and traders. Consumers within the meaning of § 13 BGB (German Civil Code) are excluded from concluding a contract in accordance with the conditions stated below.
§ 2 Applicable law
German federal law applies with exclusion of UN purchase right when,
(a) when you have your residence in Germany, or
(b) when you have your residence in a non-EU-state. If you reside in a EU-state, German law will also apply, leaving compelling law regulations of your residence state unaffected.
§ 3 Conclusion of contract, Pricing
(1) The presentation of products and services in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). A contract is concluded as described in § 3 subsection 2.
(2) The prices stated by us are prices plus VAT. The shipping costs are shown separately with the respective products and in the order summary.
(3) By clicking the „Buy now“ button in the ordering processes last step, you make a binding offer to buy the products and services listed in the order summary. After submitting the order you will receive an order confirmation, which informs you that the order has been received (acknowledgement of receipt). The purchase contract is concluded when the purchased products are sent – except when paying by prepayment or PayPal. When we give the products to the logistics service, you will receive a shipment confirmation which also represents the acceptance of your contract offer.
If you select prepayment as a payment option, your contractual offer will accepted by sending the order confirmation. If you select PayPal as a payment option, your contractual offer will accepted when you click the „Buy now“ button.
(4) If individual products are not available at the time of ordering, we reserve the right to reject the customer's order.
(5) You can select goods and / or services for sale in our online shop by placing them in the shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the order process. After the article selection in the shopping cart and the specification of all required order and address data, the essential article details including costs incurred will be summarized again. Until then, you can correct your entries or refrain from making an offer to buy. Only by subsequently clicking on the „Buy now“ will a binding offer within the meaning of § 3 subsection 3 will we made.
(6) We would like to point out that we reserve the right to contest the purchase contract in case of error, e.g. a technical price error, etc.
(7) The data required for the processing of the contract between you and us are stored by us and are accessible to you at all times. In this respect, we refer to the regulations of our data protection declaration.
§ 4 Correction notice
As part of the ordering process, you first put the desired goods or services in the shopping cart. There you can always change the desired quantity or completely remove selected goods or services. If you have put goods or services in the cart, you can click on the "Proceed to checkout" button and will be forwarded to a page where you can enter your data and then select the shipping and payment methods. In the overview "Your checkout progress" you can check billing and delivery address, shipping method and payment method and change them if necessary. If you want to cancel the order process completely, you can simply close your browser window. VBefore clicking on the „Buy now“ button, you must confirm by clicking on a checkbox that you have read and accepted these GTC and are not a consumer within the meaning of § 13 BGB. After clicking the „Buy now“ your declaration becomes binding within the meaning of § 3 (3) of these GTC.
§ 5 Collection, storage and processing of your personally identifiable information
(1) You can order products or services in our online shop as a guest or as a registered user. As a registered user you do not have to enter your personal details every time, but can simply log in to your user account with your e-mail address and the password you have chosen when registering, before or during an order.
(2) In order to carry out and process an order we need the following data from you:
– first and last name
– Company name/name of public body
– e-mail address
– billing address
– shipment address (if different)
– VAT ID
– Telephone number (for order-related queries)
(3) If you whish to create a user account, we need from you the data mentioned in subsection 2 as well as a password of your choice.
(4) The data provided by you will without your separate consent exclusively be used for the fulfillment and processing of your order(s), for example to deliver the products to the address you have given. When paying by bank transfer (prepayment), we also use your bank details for payment processing. Any further use of your personal data for the purposes of advertising, market research or for the needs-based design of our offers requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is entirely voluntary, can be viewed on our website and be revoked at any time.
(5) The data you have provided remain in your user account until you delete it yourself. In the case you have ordered only as a guest, without creating an user account, we will store your data only in the context of tax and commercial obligations.
(6) If your personal information changes, you are responsible for updating them in your user account. All changes can be made online after logging into your user account.
§ 6 Terms and conditions of payment
(1) We offer you the following payment methods:
– prepayment
– PayPal
– purchase on account (processed by payment provider Unzer/Payolution GmbH)
– credit card (processed by payment provider Novalnet)
(2) The purchase price is due immediately upon conclusion of the contract, unless otherwise stipulated below.
(3) The minimum order value per order is a net amount of EUR 42.00. For deliveries in Germany, the minimum order value per order will also apply to follow-up orders or partial deliveries on demand.
(4) For orders with a net value of up to EUR 1,000.00, we calculate a shipping fee of EUR 9.90 (net) for standard shipping with the DPD parcel service or our standard freight forwarding service. Should you wish to be notified of the freight forwarding delivery, we shall charge an additional fee of EUR 10.00 per shipment.
(5) Due to the standardisation of our shipping processes, we deliver exclusively using our system partners DPD (parcel service shipment of up to 25 kg, standard or express) and our standard freight forwarding service. Please note that the statutory Value Added Tax must be added to all listed EUR amounts. The listed provisions also apply to repeat orders or desired partial shipments within Germany.
(6) When purchasing on account via Unzer / payolution GmbH, Stiege 1 / 5. Stock, Columbusplatz 7-8, A-1100 Wien („payolution“) the payment becomes due after the products have been delivered and invoiced. In this case, payment must be made within 14 (fourteen) days of receipt of the invoice without deductions to Unzer E-Com GmbH, Vangerowstraße 18, 69115 Heidelberg. In this case, the seller assigns his claim from the purchase contract to Bank Frick & Co. AG, unless otherwise agreed. The payment method purchase on account requires a successful credit check of the customer. In this case, the customer can only pay with a debt-discharging effect to Bank Frick & Co. AG. Otherwise, the supplementary general terms and conditions apply, which the customer can call up during the ordering process. We reserve the right to offer the payment method purchase on account only from or up to a certain shopping cart value. If the indicated basket value is lower or higher than this value, we reserve the right to reject this method of payment. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.
(7) In the case of prepayment by bank transfer, payment is due within 10 days of receipt of the order confirmation, unless a later due date has been agreed.
(8) f you have selected PayPal as the payment method, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). In diesem Fall gelten auch die AGB von PayPal. In this case, the terms and conditions of PayPal also apply. They can be viewed under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without PayPal account, to be viewed under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
§ 7 Title retention
The products remain our property until full payment. If you are delayed with the payment for more than 10 days, we have the right to withdraw from the contract and to reclaim the goods.
§ 8 Terms of delivery, default of acceptance, cancellation
(1) We deliver the goods according to the agreements made with you. Any shipping costs are listed in the product description and will be shown separately on the invoice. Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
(2) The delivery of products with the note "free delivery by forwarding agent" will be made on the German mainland without surcharges. The delivery of the goods will be to the kerbside free of charge (forwarding agent).
(3) We do not deliver to Packstations.
(4) Default of acceptance
If the buyer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this purpose, we charge a lump-sum compensation equivalent to 0.1% of the respective (partial) contract price per calendar day, starting with the delivery deadline or - in the absence of a delivery deadline - with the notification that the goods are ready for dispatch. The proof of a higher damage and our legal claims (in particular compensation for additional expenses, adequate compensation, termination) remain unaffected; however, the lump sum is to be credited against further monetary claims. The purchaser shall be entitled to prove that we have incurred no damage at all or only significantly less damage than the aforementioned lump sum.
(5) Cancellation of an order after production or production preparation has begun is ruled out. If the ordered goods are in stock, revocation (cancellation) is excluded after the goods have been made ready for dispatch.
§ 9 Warranty for purchases of goods, inspection obligation
(1) Insofar as the products purchased in our online shop and delivered are defective, you are entitled within the scope legal regulations to demand supplementary performance. At our own discretion, we may decide to remedy the defect (by rectification or repair), to make a replacement delivery of a defect-free product or to remanufacture the subject matter of the contract. If the supplementary performance fails, you are entitled, at your own choice, to rescind the contract or to demand reduction of the delivery price.
(2) The Ordering Party’s rights arising from product defects require that the Ordering Party has fulfilled its obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). The Ordering Party is obliged to inspect the delivered goods promptly after delivery or handover, and to report any defects immediately and no later than 7 days after receipt. If the customer fails to notify us, the goods shall be deemed to be free of defects, unless the defect was not recognisable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the goods shall also be deemed to have been approved in view of this defect.
§ 10 Return of goods
(1) Returns are only possible on request and after approval by Waldmann. Custom-made products are excluded from return and exchange.
(2) Prerequisites:
A return should wherever possible be registered under the following link: https://shop.waldmann.com/sales/guest/form/. We reserve the right to send back or scrap goods which have been returned
without prior notice and which cannot be assigned due to missing information at the charge of the consignor.
In general, returns are accepted on the following conditions:
a. Goods, especially samples, should be in original packaging, they should be in the original state, undamaged and saleable.
b. Goods are off-the-shelf products which are either published in our printed catalogue or on our website and are no custom-made article.
c. Dispatch of the goods should not date back longer than 3 months.
d. A wrong, damaged or defective Waldmann article has been sent
e. Samples that meet the conditions mentioned under a.
(3) Returns will be credited at the price charged in the sales invoice, taking into account discounts or other deductions. Shipping costs will not be reimbursed, and we will charge you a handling fee. Shipping costs and costs for customs duties and handling will be deducted from the credited total amount or will be charged subsequently.
The credited total amount will be 85% of the net value per return. The minimum handling fee will be EUR 20.00. We reserve the right to deduct or charge subsequently further costs incurred, e.g. for working up, repainting, etc. Freight charges and costs for postage will not be refunded.
§ 11 Limitation of liability
(1) We are liable in cases of intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you, as a customer, can regularly rely. In the latter case, however, we are liable only for the foreseeable, contract-typical damage. We are not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences. The above exclusions of liability do not apply in case of injury to life, body and health. Liability under the Product Liability Act remains unaffected.
(2) Data communication via internet can’t be guaranteed error-free or available at every time at the current state of the art. Therefore, we are not liable for the constant and uninterrupted availability of our online trading system.
§ 12 No Russia clause
(1) You are prohibited from doing so, to sell, export or re-export the goods delivered by us to you, which fall within the scope of Art. 12g of Regulation (EU) No. 833/2014, directly or indirectly to Russia or for use in Russia. You are obliged to contractually pass on the obligation under sentence 1 to any buyer and to impose on him the obligation to pass it on to third parties in the further trade chain accordingly.
(2) You monitor your sales activities as well as the activities of your buyers and of third parties in the further trading chain in order to ensure compliance with the obligations under paragraph (1). Paragraph (1) sentence 2 applies accordingly.
(3) You are obliged to inform us immediately of any breach of the obligations under paragraphs (1) and (2) by you or a third party in the further commercial chain. You are obliged to provide us immediately upon request, at the latest within two weeks, with the information and documents that we need to verify compliance with the obligations under paragraphs (1) and (2).
(4) A breach of the obligations under paragraphs (1), (2) or (3) shall constitute a serious breach of contract entitling us to extraordinary termination without notice. . You shall owe us a contractual penalty for each culpable breach of the obligations under paragraphs (1), (2) or (3), which we shall determine in each individual case at our reasonable discretion and which shall be reviewed by the competent court in the event of a dispute.
§ 13 Final provisions
(1) The terms and conditions here are complete and final. Amendments and additions to these GTC should be made in written form in order to avoid any ambiguity or dispute between the parties in connection to the respective contractual content.
(2) Insofar as you were domiciled or habitually resident in Germany when the contract was concluded and either relocated from Germany at the time of the legal action by our part or have an unknown place of residence at this time, the place of jurisdiction for all disputes shall be the registered office of our company in Jena.
(3) Please note that in addition to the ordinary legal process, you also have the possibility of settling disputes out of court in accordance to regulation (EU) No. 524/2013. Details can be found in regulation (EU) No. 524/2013 and online: https://ec.europa.eu/consumers/odr. Our e-mail adress is service@waldmann.shop.We point out that according to § 36 of the Act on Alternative Dispute Resulation in Consumer Matters, we are not obliged to participate in an out-of-court dispute settlement procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be ineffective, it shall not affect the remainder of the contract.
Date: March 2024