Terms & Conditions

Gene­ral Terms & Condi­tions for users of www.​wel­ler-​tools.​com

§ 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