General Terms and Conditions
1. Scope
The following Terms and Conditions (T&Cs) apply to all orders placed via our online store by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activities. A business is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or self-employed professional activities.
The following applies to businesses: if a business uses conflicting or supplementary general terms and conditions, the validity of such T&Cs is hereby disputed; they shall only become part of the contract if we have expressly agreed to them.
2. Contract partners, concluding the contract, correction options
The purchase contract is concluded with Naber GmbH, Enschedestrasse 24, 48529 Nordhorn, Germany
The presentation of the products in the online store does not represent a legally binding offer, but rather an invitation to place orders. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided for this purpose in the ordering process. By clicking the order button, you submit a binding offer to purchase the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit your order.
- Sending a declaration of acceptance in a separate email, or
- Shipping the goods and sending you the invoice via email.
3. Contract language
The available language(s) for concluding the contract: German, English.
4. Delivery conditions, prices and shipping costs
The prices mentioned on the product pages include the statutory VAT.
The shipping costs depend on your postal code or country and are automatically and clearly displayed in your shopping cart or during the ordering process.
We only deliver by shipping the orders to you. Unfortunately, it is not possible to collect the goods yourself.
5. Payment
All payments we receive from our customers are processed via the payment service provider Mollie BV. You incur no costs for the use of this payment service provider.
The following payment methods are available to you in our store:
Credit & debit card
During the ordering process, you provide your credit or debit card details. Your card will be charged immediately after you place your order.
Bank transfer
During the ordering process a bank account from your country (Belgium, France, Germany, Netherlands) will be displayed. This localized IBAN is provided by the payment service provider Mollie BV. A bank transfer typically takes about two working days. Your order will only be processed once payment has been received.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay feature, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be carried out immediately after the order is placed. You will receive further information during the ordering process.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
PayPal may offer additional payment methods to registered PayPal customers, selected according to its own criteria. However, we have no influence on the offering of these payment methods. Any other payment methods offered to you are subject to your contractual relationship with PayPal. For more information, please see your PayPal account.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the withdrawal policy. Businesses are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment is received.
For businesses, the following also applies: we retain ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the goods to which we retain title in the ordinary course of business. You assign to us in advance all claims arising from the resale of these goods, at the invoice amount – regardless of whether the goods to which we retain title have been combined or mixed with a new item – and we accept this assignment. You remain authorized to collect the claims. However, we may also collect the claims ourselves if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled, provided that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damages
For consumers: if goods are delivered with obvious transport damage, please report such defects to the delivery agent immediately and contact us as soon as possible. Failure to make a claim or to contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance company.
9. Warranty and guarantees
9.1 Legal liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents:
- in the event of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper performance of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations)
- within the scope of a guarantee promise, where agreed, or
- insofar as the scope of application of the Product Liability Act applies.
Limitations for businesses
For business, only our own information and the manufacturer's product descriptions that have been included in the contract shall be deemed to be an agreement on the quality of the goods. We assume no liability for public statements made by the manufacturer or other advertising messages. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to goods that, according to their usual use, were used in a building and this use has caused the goods to be defective.
The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.
Provisions for merchants
For merchants, the obligation to inspect and report defects as set out in Section 377 of the German Commercial Code (HGB) applies. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not apparent during inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found with each product and on special information pages in the online store.
If you have further questions about guarantees, please email us at: garantie(at)wesco.de
10. Liability
We shall always be liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents:
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of guarantee promises, where agreed, or
- insofar as the scope of application of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper performance of the contract and on which the contractual partner regularly relies (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute resolution
The EU Commission has created an internet platform for online dispute resolution. This platform serves as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. More details are available at the following link: https://ec.europa.eu/consumers/odr/main/.
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are a business, German law applies, under the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.