Conditions of Use
General terms and conditions of business - online shop - 2018
The following general terms and conditions of business apply to orders of goods from our online shop "fässershop.de" and are in addition to the general terms and conditions of business posted at www.wilhelm-eder.de.
1 Contract formation
Where not covered by deviating clauses in these “GTB online shop” (general terms and conditions of business of the online shop), which shall take precedence, contract formation is governed by the general terms and conditions of business of www.wilhelm-eder.de.
Once you have placed an order with us online, you will receive an automatically-generated email confirmation. The placing of your order does not mean that the contract has now been formed; your order counts as the binding offer on contract formation that will serve as the basis for the conclusion of a contract. This takes place either through an explicit declaration of acceptance, which is not provided by the automatically-generated order confirmation; or - at the latest - upon you receiving the goods you ordered, through our dispatch service. We dispatch the goods after we have received payment.
Our online offers, which constitute an invitation to form a contract, remain non-binding until we have accepted the order while at the same time notifying you of our cancellation policy for consumer transactions. Verbal side agreements, changes or additions to these GTB must be confirmed in writing by us to be valid. We show net and gross prices. Dispatch costs are in addition to these prices. Dispatch costs that are not automatically calculated by our system in connection with an order must be separately calculated by us and separately invoiced by us. We reserve the right to correct or invoice additional dispatch costs. The reimbursement of VAT costs, e.g. if personally exporting from Germany, is not possible.
3 Goods, object of purchase
Unless explicitly confirmed by us as the object of the agreement, information given in our catalogues, leaflets, price lists, web pages and other publications is non-binding and merely illustrates the types and sorts of goods offered. Product illustrations, irrespective of which medium they appear in (leaflet, website or in-store), do not constitute an assurance or guarantee of characteristics or quality.
All illustrations in our publications are examples.
We reserve the right to withdraw from the contract in the event of the non-availability of the goods ordered. In the event of non-availability of goods, we will inform the person ordering without delay and refund any consideration already paid by the purchaser.
Any defects for which you wish to make a claim must be communicated to us in writing, with a picture attached.
If a complaint about a defective product or service is justified, we are entitled to repair or replace at our expense. If repair or replacement is unsuccessful, the purchaser has the right to a reduced purchase price or to withdraw from the contract.
The products we deliver are in part made from natural materials. We explicitly draw your attention to the fact that variations, for example in colour or texture, do not constitute a defect, but are inherent in their nature. With regard to the wooden barrels we deliver, we wish to point out that water-tightness is essentially dependent on sufficient soaking. There may still be very small leaks, which do not constitute a defect.
Used wooden barrels: Notches in the wood or, in certain circumstances, an uneven base, do not constitute a quality defect, but stem from the idiosyncrasies of the production method and the prior use of the barrels. Colour variations are possible.
5 Delivery periods
Goods from stock will be delivered approx. 1 week after payment has been received. Goods that have to be specially produced or goods from stock requiring extra finishing will be delivered approx. 8 - 14 days after payment has been received. If there is to be a later delivery date, we will inform you of this.
We are not responsible for delivery delays due to force majeure, changes to the law or permit conditions, operational breakdowns, strikes, problems in materials procurements or similar reasons - including when they occur at our suppliers - even if we have given you a firm delivery date. In such cases the delivery date will be extended by the appropriate amount of time needed to deal with the reason for the delay.
6 Transport and dispatch
Dispatch using the parcel service
The purchaser must inspect the goods immediately upon receiving them and submit an immediate complaint to the parcel service for any transport damages.
The freight company will agree the delivery time with you by phone or email. Please ensure that you receive the goods at the first time of delivering. Any subsequent journeys by the freight company incur extra costs which we will pass on to you. The goods we dispatch are without defect and have been quality-inspected. Please examine the goods for damage (transport damage, obvious damage to the packaging) before you sign off the truck driver’s delivery note. If you have spotted damage, please write “Damage to goods” on the delivery note. Please make a note of anything untoward on the delivery note. If you sign off the freight company’s delivery note as having been delivered in accordance with terms and conditions, the insurance coverage ceases. Transport damage must be reported to us within 24 hours of delivery to the purchaser/customer. The purchaser/customer must ensure the evidence of the damage is stored securely.
Delivery counts as being made to kerbside (edge of recipient’s property).
Where this can be permissibly agreed, the place of jurisdiction is Bad Dürkheim. The law of the Federal Republic of Germany shall exclusively apply; the UN CISG is excluded.
Wilhelm Eder GmbH
D-67098 Bad Dürkheim
Tel.: + 49 (0) 63 22/ 9 55 98 - 0
Fax: + 49 (0) 63 22/ 9 55 98 - 29
General terms and conditions of business - Wilhelm Eder GmbH - 2015
1. All contracts for deliveries and services, now and in the future, with our commercial customers (businesses) - hereinafter referred to as “purchasers” - are based on our general terms and conditions of business (GTB) which are set out below. Any general terms and conditions of purchase of the purchaser are expressly rejected; these will also not be valid in the event of a delivery taking place. For purchases made by Eder, only the statutory regulations shall be valid.
2.1 Our offers are non-binding. Orders placed are accepted either when we issue a written confirmation or the goods ordered are delivered, on the basis of the conditions set out below. Verbal side agreements, changes or additions to these GTB must be confirmed in writing by us to be valid.
2.2 Statements made by us in catalogues, leaflets, price lists, advertisements, web pages and other publications remain non-binding, unless they have been explicitly agreed. Product illustrations, irrespective of which medium they appear in (leaflet, website or in-store), do not constitute an assurance or guarantee of characteristics or quality.
3.1 The delivery information communicated to or agreed with the purchaser is given as a guideline and only becomes binding if it has been agreed in writing.
3.2 We are not responsible for delivery delays due to force majeure, changes to the law or permit conditions, operational breakdowns, strikes, problems in materials procurements or similar reasons - including when they occur at our suppliers - even if we have given you a firm delivery date. In such cases the delivery date will be extended by the appropriate amount of time needed to deal with the reason for the delay.
3.3 We reserve the right to withdraw from the contract in the event of the non-availability of the goods ordered. In such a case we will inform the purchase without delay and refund any consideration already paid by the purchaser.
3.4 We are entitled to make part deliveries, which the purchaser must accept.
3.5 Any pallets delivered by us must be returned within 3 months max., undamaged, to our headquarters in Bad Dürkheim by the purchaser at the purchaser’s expense. Otherwise we shall invoice the cost of replacement purchases.
4.1 The place of fulfilment for us is our headquarters in Bad Dürkheim.
4.2 A delivery of goods requested by the customer shall originate either from our warehouse in Bad Dürkheim or from another location determined by us.
4.3 The risk of loss or damage of goods to be delivered is transferred to the purchaser as soon as the item(s) to be delivered leave our warehouse or, as referred to in point 4.2, another location determined by us; the same applies to carriage paid deliveries or if the purchaser organises the delivery.
4.4 Transport damage must be reported to us within 24 hours of delivery to the purchaser. The purchaser must ensure the evidence of the damage is stored securely.
5.1 Unless explicitly otherwise agreed, payment must be made in cash at the point of delivery. We are not obliged to accept bills of exchange or cheques. If we accept them, this acceptance is purely conditional. Collection, discount and bill charges are to be borne by the purchaser. We cannot be held responsible for presenting a bill of exchange on time, protesting it, providing notification and returning it in the event of non-redemption.
5.2 If payment by the purchaser is overdue we are entitled, in accordance with the Discount Rate Transition Act (DÜG) to charge interest of at least 5% over the basic interest rate. We explicitly reserve the right to assert a claim for any subsequent losses caused by overdue payments.
5.4 If the purchaser is late in making a payment, all amounts receivable on all transactions with the purchaser shall immediately become due. The same applies in the event of a significant deterioration of the purchaser's financial situation or insolvency.
5.4 If we are entitled to claim for compensation due to non-performance of a sales contract, e.g. through non-acceptance of goods, we may demand a lump sum of 30% of the price agreed as compensation without the need for further proof, unless the purchaser can demonstrate a smaller loss has been incurred. We reserve the right to assert a claim for compensation where the loss is actually greater.
5.5 If the purchaser makes payments that do not cover all the liabilities along with the interest charges and costs, we reserve the right - notwithstanding the purchaser's settlement terms - to invoice in accordance with sections 367, 366 of the Civil Code (BGB).
6.1 Goods and services are delivered under retention of title. The goods delivered remain our property until the purchase price has been paid in full and all other receivables from the ongoing business relationship (in the case of cheques or bills of exchange, until such time as they have been cleared) have been settled by the purchaser. This also applies, for our part, to receivables paid into the current account.
6.2 Provided our retention to title is disclosed, the purchaser is entitled to sell on the goods in a regular business transaction. The purchaser is, however, not entitled to assign as collateral or pledge the goods for which title is retained by us. Any orders placed upon, or access granted to, third parties on these goods, in particular through pledges or assignments, must be notified to us immediately, and all the documentation required for an intervention supplied to us.
6.3 The purchaser herewith assigns to us all receivables arising out of a resale of the goods. The purchaser is, subject to revocation, entitled to collect these receivables. Should we demand it, the purchaser must notify us of the receivables that have been assigned and of the identity of the debtor. We are entitled to inform the debtor that the receivables have been assigned.
6.4 Any rework or finishing work performed on the goods delivered by us shall be done for us. We acquire ownership rights in the amount of the market value of the rework or finishing work performed on the goods to which we retain title; at the least in the amount of their invoiced value. If the goods to which we retain title are combined with other objects, we acquire co-ownership rights in the new object in the ratio of the value of the goods to which we retain title to the other objects at the time at which they are processed.
6.5 In the case of overdue payment or anticipated insolvency on the part of the purchaser, we are entitled to collect goods to which we retain title that are still in the possession of the purchaser. The purchaser must grant the agent we appoint to collect the goods to which we retain title access to his/her business premises during normal working hours, even where no appointment has been made beforehand.
6.6 The retention of title will be released upon the purchaser’s demand if the collateral value exceeds the value of receivables to be protected by more than 20%.
7.1 Warranty claims against us are precluded if a defect is not notified to us in writing within 5 working days of the goods being received at the place of destination; and most certainly prior to any finishing work or installation taking place. Notification by fax or email will be sufficient.
7.2 Warranty claims against purchasers who are not consumers, expire by limitation within a year from the start of the statutory period of limitation.
7.3 The products we deliver are in part made from natural materials. We explicitly draw your attention to the fact that variations, for example in colour or texture, do not constitute a defect, but are inherent in their nature. With regard to the wooden barrels we deliver, we wish to point out that water-tightness is essentially dependent on sufficient soaking. There may still be very small leaks, which do not constitute a defect.
7.4 If a complaint about a defective product or service is justified, we are entitled to repair or replace at our expense. If repair or replacement is unsuccessful, the purchaser has the right to a price reduction or to withdraw from the contract.
7.5 The warranty is void if the defect has arisen through incorrect handling or a change made or overuse by the purchaser or a third party, or the goods were made according to the customer’s specifications and the defect can be ascribed to these specifications.
7.6 Goods which are subject to natural wear and tear are excluded from the warranty.
7.4 If the grounds for returning goods are justified, we reserve the right to claim a reduced price can be levied due to use of the goods by the purchaser or normal wear. The same applies if the goods are not returned in their complete original packing and with all accessories.
7.8 If the manufacturer has provided a voluntary guarantee with regard to the object delivered, claims on this guarantee must be directed solely at the manufacturer.
7.9 In the event goods are returned without justification or are not returned in full, the purchaser must bear the costs, in particular for transport, testing or completion, in the amount of at least EUR 50.
7.10 If the purchaser receives a credit for returned goods that prove not to be a warranty case, then a deduction of 15% - but at least EUR 50 - on the value of the goods is herewith agreed.
8.1 Provided there is no loss of life or damage to a person’s body or health, we and our legal representatives and subcontractors are only liable for gross negligence or intent.
8.2 No liability is accepted for indirect or consequential damage.
8.3 Claims for compensation that are not based on a defect in the object delivered are limited to twice the order value.
9.1 The purchaser is not entitled to assign or transfer rights and obligations arising out of this contract.
9.2 The purchaser is only entitled to offset amounts owed to us if his/her claims against us are undisputed or have been made legally binding.
9.3 The purchaser is not entitled to assert a right of retention on goods covered by a different contract, in particular earlier transactions.
9.4 Furthermore, a right of retention or a right to withhold performance is precluded where it does not relate to claims that are undisputed or have been made legally binding, or where we are guilty of gross negligence.
10.1 The purchaser agrees to the storage and processing of his/her personal data for the performance of contract, within the framework of the statutory regulations of the Federal Data Protection Act.
10.2 Should a clause in these GTB be or become invalid, this does not affect the validity of the other clauses. A valid clause that best reflects the commercial purpose of the invalid clause should replace the invalid clause.
10.3 The place of jurisdiction is Bad Dürkheim. The law of the Federal Republic of Germany shall exclusively apply; the UN CISG is excluded. You can obtain further information at www.wilhelm-eder.com or by telephoning 06322 -955980.
We will not participate in dispute settlement procedures before a consumer arbitration board. The law on alternative methods of settling disputes in consumer affairs, however, requires that we inform you of the consumer arbitration board responsible for your matter:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8