General Terms and Conditions of Business
1. Scope of application
Our General Terms and Conditions of Business in their valid version at the time of placing the order apply exclusively to all business relationships between Wynen Gas GmbH and the purchaser.
2. Offer and object of the contract
With his order the customer makes Wynen Gas GmbH an offer to conclude a purchase agreement. As confirmation of order receipt, Wynen Gas GmbH sends the customer an email that again lists the details of his order. Please note: This email does not yet represent Wynen Gas GmbHs acceptance of the customer’s offer. A purchase agreement has rather only been concluded when Wynen Gas GmbH sends the goods, in accordance with the accompanying delivery note, to the delivery address specified by the customer. Should the goods not be available, Wynen Gas GmbH reserves the right not to deliver. However, in such a case Wynen Gas GmbH shall notify the customer accordingly without delay and return payments already made.
3. Prices, packaging and shipment; partial deliveries
- Our prices are always those specified in our website’s shopping basket at the time of ordering. Deviating prices which may be displayed on pages that are uploaded from memory buffers (browser caches, proxies) are not valid. We reserve the right to make price corrections in case of typing or calculation errors. All prices are end prices in euros and include the respective valid VAT plus packaging and shipping costs. Packaging and shipping will be charged. Delivery will be made ex warehouse to the delivery address specified by the customer.
- Packaging shall become the property of the customer and Wynen Gas GmbH shall charge for it in the shipping costs.
- Shipping charges are dependent upon the shipment method, payment method, weight and shipping destination. They are calculated and displayed in the shopping basket before an online order is placed and are shown separately on the invoice. The choice of shipment method will be made within the scope of permissible methods according to our best judgement or according to the customer’s wish.
- In case of partial deliveries initiated or offered by Wynen Gas GmbH, subsequent deliveries shall be made free of shipping charges. Should a customer wish the delivery to be split, the shipping costs for each partial delivery will be invoiced.
4. Delivery times
- Information concerning delivery times is approximate. Should delivery be delayed, we shall immediately notify the customer by email or telephone.
- Events of Force Majeure entitle us to postpone delivery for the period of hindrance plus an appropriate start-up time or to rescind from those parts of the contract which have not yet been fulfilled. Strikes, lockouts and other circumstances that make it significantly more difficult or impossible for us to deliver, regardless whether they are incurred by us or a sub-supplier, are equivalent to Force Majeure. The customer can demand our declaration as to whether we wish to rescind from the contract or deliver within a reasonable period. Where we do not make such a declaration the purchaser it entitled to rescind from the contract.
5. Transfer of risk
- The risk passes to the customer with the handover of the goods to the transport company. This also
applies where partial deliveries are made.
- The handover of the goods to the transport company releases Wynen Gas GmbH from its obligation to
perform. The goods are transported at the risk and for the account of the customer.
- Insofar as the customer is an entrepreneur, the period for raising warranty claims is one year.
- Wynen Gas GmbH provides no warranty for normal wear and tear or for defects caused by
faulty or negligent handling or operation or exceptional operating conditions.
- Should the customer delay acceptance of the goods, Wynen Gas GmbH is entitled to demand
compensation for the damage it incurs.
6. Limitations of liability
- Insofar as nothing to the contrary is specified in these Terms and Conditions, Wynen Gas GmbH shall only be liable for compensation for damage due to violation of contractual and non-contractual obligations, especially inability to perform, delay, culpability in contract initiation and tort where these are caused by the deliberate intent or gross negligence of its legal representatives or vicarious agents, and in case of a culpable violation of essential contractual obligations. Except in cases of deliberate intent or the gross negligence of its legal representatives and vicarious agents, Wynen Gas GmbH is only liable, in cases of a culpable violation of essential contractual obligations, for such damage as is typical and foreseeable with regard to the contract. Otherwise, Wynen Gas GmbHs liability for defects and consequential damage resulting from defects is also excluded.
- The limitations do not apply in case of culpable violations of essential contractual obligations insofar as the fulfillment of the contractual object is endangered, in cases of mandatory liability in accordance with product liability law, in cases of damage to life, body and health, nor do they apply if and insofar as Wynen Gas GmbH has fraudulently concealed defects in the goods or guaranteed their absence.
- Insofar as nothing to the contrary has been agreed, Wynen Gas GmbHs invoices are due for payment immediately without deductions.
- The customer may choose between different payment methods that are offered dependent on the order value, method of delivery, shipment destination and customer account settings. The different options are available for selection in the shopping basket.
- Costs incurred for reversals of payment transactions due to lack of funds or due to incorrect data supplied by the customer shall be charged to the customer.
- In case of a delay in payment, Wynen Gas GmbH is entitled to charge interest for late payment amounting to at least five percentage points above the currently valid base rate in accordance with the Diskontsatzüberleitungsgesetz (German Discount Transfer Act), however at least 6% p.a.
8. Retention of title
The goods supplied shall remain the property of Wynen Gas GmbH until they have been fully paid. Should the purchaser have sold the goods on before they have been paid in full, his claims against the third party purchaser shall be deemed to have been assigned to Wynen Gas GmbH.
9. Right to rescission and obligation to return
The customer can rescind from his contractual declaration in text form (e.g. letter, fax or email) within 14 days without giving reasons or - if he has received the goods before this grace period has expired - also by returning the goods. The grace period begins upon receipt of this instruction in text form, however not before the goods have been received by the recipient (in case of multiple deliveries of similar goods, not before receipt of the first partial delivery) and not before Wynen Gas GmbH has fulfilled its obligations to inform in accordance with Article 246 § 2 in conjunction with § 1, Para. 1 and 2 EGBGB (introductory law to the German Civil Code) and Wynen Gas GmbHs obligation in accordance with § 312g, Para. 1, sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. Timely despatch of the rescission or of the goods is sufficient for compliance with the grace period for rescission. The rescission should be addressed to:
Wynen Gas GmbH
Goods should be sent back to the following address:
Wynen Gas GmbH
Consequences of rescission
In case of a valid rescission, such services as have been received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the customer cannot return the services and benefits received (e.g. usage benefits), if he cannot return only a part of them or if he can only return or surrender them in an inferior condition, the customer must compensate Wynen Gas GmbH for an appropriate value. The customer must only provide compensation for the deterioration in the goods and for benefits derived insofar as the benefit or deterioration has been caused by handling beyond the scope of a verification of qualities and functionality. “Verification of qualities and functionality” is deemed to be the testing and trial of the respective goods as this is possible and usual, for example, in a shop. Goods which can be sent by parcel post must be returned at Wynen Gas GmbHs risk. The customer must bear the normal cost of return postage if the goods delivered are in accordance with the goods ordered and if the price of the goods to be returned does not exceed a value of €40.00 or if, at a higher price of the goods, the customer has not yet provided his reciprocal payment or a contractually agreed partial payment. Otherwise, a return shipment is free of charge for the customer. Goods that cannot be sent by parcel post will be collected from the customer. Obligations to reimburse payments must be fulfilled within 30 days. For the customer, the grace period begins upon despatch of the rescission declaration or the goods, and for Wynen Gas GmbH it begins upon receipt thereof.
End of the instruction concerning rescission.
There is no right to rescission for delivery of goods that have been manufactured to customer specifications.
10. Data protection
- Our data protection practice is in accordance with the Bundesdatenschutzgesetz (BDSG) (German Federal Data Protection Act) and the Teledienstedatenschutzgesetz (TDDSG) (German Teleservice Data Protection Act).
- The customer authorises Wynen Gas GmbH, and is in agreement therewith, to process, store and evaluate, in the sense of the data protection laws, customer data received in connection with the business relationship.
- Wynen Gas GmbH stores and uses the customer data to process the orders and possible complaints. Wynen Gas GmbH only uses the customer’s email address to send information messages concerning the orders.
- Wynen Gas GmbH does not pass personal data on to third parties. Exceptions to this are service partners who require the transfer of such data for the processing of orders. However, in such cases the scope of data transferred will be limited to the required minimum.
- The customer has a right to information and a right to the correction, barring and deletion of his stored data.
11. Final provisions
- These General Terms and Conditions of Business contain all rights and obligations of the contracting parties. Other agreements and declarations of intent must be made in writing for their legal validity.
- Insofar as the customer is a commercial entrepreneur, Mönchengladbach is the exclusive court of jurisdiction for all disputes arising between the contracting parties.
- German law shall apply exclusively. The regulations of UN purchasing law shall not apply.
- Should any of these provisions be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by such valid provisions as essentially achieve the economic purpose pursued.