General Terms and Conditions applicable to the WMF Group GmbH Online Shop
1.1 These General Terms and Conditions apply to all business relationships between WMF Group GmbH, 73312 Geislingen/Steige, Germany (“WMF”) and the customer (the “Customer”) initiated and handled via WMF’s online shop at http://www.wmf.com. The version of these General Terms and Conditions valid at the time the order is placed will apply.
1.2 If agreements have been entered into separately between WMF and the Customer, these General Terms and Conditions will prevail. Unless expressly agreed to in writing by WMF, WMF hereby refuses to accept any contradicting or other general terms and conditions put forward by the Customer.
1.3 The goods in the online shop are offered to end consumers exclusively. Therefore, WMF expressly reserves the right to offer and deliver goods to the Customer in regular household quantities only. For the purpose of these General Terms and Conditions (i) “Consumer” means any natural person entering into a purchase agreement for purposes that do not predominantly concern his/her business or self-employed activities, and (ii) “Entrepreneur” means any natural or legal person or legal partnership entering into the contract in the pursuit of his/her/its business or self-employed activities.
1.4 The goods in the online shop currently are offered exclusively to Customers whose habitual residence is located in one of WMF’s delivery regions and who can provide a delivery address in one of these regions. Further delivery restrictions are set out under 4. below.
2. Purchase agreement
2.1 Unless the Customer selects PayPal as a payment method, WMF’s offerings in the online shop do not represent a legally binding offer to conclude a purchase agreement but rather are an unbinding online catalogue to inform the Customer about the goods offered in the online shop as well as an invitation to place an order. Orders placed by the Customer become binding if the Customer clicks the Buy Now button in the Cart section at the end of the order process. At any time before clicking the Buy Now button the Customer can edit the data entered, change the contents of the cart and/or end the order process by closing the online shop website. By placing an order, the Customer submits to WMF a binding offer to enter into a purchase agreement. The order confirmation e-mailed to the Customer by WMF does not mean WMF has accepted the Customer’s offer to enter into a purchase agreement but serves to inform the Customer that WMF has received the order (“Acknowledgment of Receipt”). Unless the Customer has selected advance payment or PayPal as the payment method, the purchase agreement will be concluded when the Customer clicks the Send button. WMF will notify the Customer by e-mail when the goods have been entrusted to the provider of logistics services (“Shipment Confirmation”). WMF will be entitled, but not obligated, to accept the Customer’s offer to enter into a purchase agreement within 14 days after receipt. If the Customer selected advance payment as the payment method, WMF will declare its acceptance of the Customer’s offer by sending the Acknowledgment of Receipt to the Customer. If the Customer selected PayPal as the payment method, the purchase agreement will be concluded when the Customer clicks the Buy Now button.
2.2 In the event the Customer places an order for specific goods which are not available at the time the Customer places the order, WMF reserves the right to reject the Customer’s order. Moreover, WMF reserves the right to be released from the obligation to deliver goods if the goods ordered are not available after a purchase agreement has been reached. In this case, WMF will notify the Customer promptly and will reimburse any money the Customer paid for the cancelled order.
2.3 WMF will not accept orders from any Customers who are under 18 years of age at the time the order is placed.
2.4 The language of the purchase agreement will depend on the language offered to the Customer in the online shop. WMF reserves the right to provide the Customer with invoices and delivery notes issued in the language of the respective country.
4. Delivery, delivery periods, availability of goods
4.1 Deliveries only will be made to the delivery address provided by the Customer and only if such address is located in one of WMF’s delivery regions. Details regarding the delivery regions are specifiedWMF reserves the right to make reasonable partial deliveries. In this case, WMF will inform the Customer in the shipment confirmation.
4.2 As part of the order process, WMF will notify the Customer of the delivery period. WMF will notify the Customer promptly of any delivery delay resulting from force majeure or other incidents for which WMF is not responsible and will provide the Customer with a reasonable new delivery period in line with the circumstances of the delay. In the event the goods cannot be delivered within such new delivery period for reasons for which WMF is not responsible, WMF can rescind the purchase agreement in whole or in part. In this case, WMF will reimburse the Customer promptly for all payments made. If the Customer cannot be expected to accept the delayed delivery, the Customer can rescind the purchase agreement by notifying WMF in text form (by letter, fax or e-mail). The Customer’s other statutory rights will remain unaffected.
4.3 The Customer can reserve goods marked as not available in the online shop by clicking on the Reserve button. WMF will notify the Customer by e-mail when the goods are available and will provide the Customer with a link to begin the order process.
4.4 WMF offers express delivery for shipments within Germany. If the Customer selects this type of delivery when placing an order through the online shop on a business day (Monday through Friday) by 12:00 p.m. and receives an order confirmation by e-mail, the goods may be delivered on the following business day (Monday through Friday). Orders placed on Saturdays or Sundays will be delivered on the second business day following placement of the order.
5. Prices and shipping costs
5.1 Prices valid at the time orders are placed will apply. All prices include statutory sales tax.
5.2 Delivery costs and all additional costs incurred for services offered by WMF in the online shop and requested by the Customer must be specified in the order form and will be assumed by the Customer. Shipping costs may vary depending on the type of delivery and the nature of the order. Details regarding shipping costs are specified
6. Payment and payment methods
6.1 Invoiced amounts will be payable upon delivery without deductions. If the Customer selects advance payment as the payment method, the invoiced amount will be payable upon receipt of the order confirmation by the Customer.
6.2 WMF offers these payment methods: credit card, upon receipt of invoice, in advance, and PayPal. Depending on the creditworthiness check and the value of the order, WMF can limit the payment methods offered to the Customer. Reimbursement of any invoiced amount will be made using the payment method selected by the Customer.
6.2.1 If the Customer selects payment upon receipt of invoice, WMF will grant the Customer a 14-day grace period after receipt of the invoice. This payment method is reserved for Consumers with identical invoice and delivery addresses.
6.2.2 For credit card payments, WMF accepts MasterCard, Visa and American Express. Invoiced amounts will be blocked on the Customer’s credit card on the date the order is placed and will be charged on the date the goods are shipped.
6.2.3 If the Customer selects advance payment, invoiced amounts must be paid to the WMF account specified on the invoice within two weeks after receipt of the order confirmation. If WMF does not receive payment within such period, it will be entitled to rescind the purchase agreement. In this case, WMF will notify the Customer by means of a cancellation sent by e-mail.
6.2.4 If the Customer selects PayPal, the goods will be shipped subject to the receipt of the payment confirmation by PayPal.
6.3 The Customer will be entitled to offset amounts only if his/her counterclaims have been determined in a legally binding manner, are undisputed, or have been acknowledged in writing by WMF. Moreover, the Customer can exercise his/her right to retain payments only to the extent that the respective counterclaim is based on the same purchase agreement.
7. Retention of title
Delivered goods will remain the property of WMF until all receivables under purchase agreements have been paid.
8.1 In the event of defects in the delivered goods, the Customer’s rights to claim supplementary performance or a price reduction or to rescind the purchase agreement are subject to the applicable laws. As part of his/her right to claim supplementary performance, the Customer can request a replacement or remedy of the defects. However, WMF will be entitled to deliver a replacement if remedying the defects would not be reasonable. The Customer’s rights to claim damages or compensation for wasted expenditure are specified under 9. below.
8.2 All warranty claims will lapse two years after delivery of the goods.
9.1 WMF will be liable for damages only as specified under a) through d) below:
(a) in the event of death, bodily harm and/or harm to the health as well as in the event of damage caused by intent or gross negligence;
(b) in the event of damage resulting from non-compliance with guarantees made in writing for the Customer’s asset interests covered by the guarantee that was known to WMF at the time it was made;
(c) in the event of product liability as set out in the Product Liability Law of Germany;
(d) in the event of a breach of key contractual obligations resulting from minor negligence. Liability for damages will be limited to the scope of the damage WMF typically had to anticipate at the time the purchase agreement was concluded based on the circumstances known at the time. Key contractual obligations are key obligations essential to the conclusion of the purchase agreement on which the Customer could expect to rely.
9.2 In all other cases, WMF’s liability for damages will be excluded regardless of the legal grounds.
9.3 In the case specified under 9.1 d) above, claims for damages and compensation will lapse after twelve months. The beginning of such lapse period will be subject to § 199 of the Civil Code of Germany.
9.4 To the extent WMF’s liability is excluded pursuant to these General Terms and Conditions, the same will apply to the liability of its associates and agents including, but not limited to, staff members.
All personal data provided by the Customer will be collected, used and processed exclusively in compliance with the applicable privacy laws. Details regarding collected data and the use thereof are set out in the privacy declaration available for viewing and/or saving - click
11. Final provisions
11.1 WMF and the Customer agree on the application of the laws of Germany under the exclusion of the provisions of the CISG.
11.2 Should any of the provisions of these General Terms and Conditions be or become invalid, the validity of the remainder of the provisions will remain unaffected.
11.3 If the Customer is a merchant, the exclusive legal venue for all disputes will be the location of WMF’s registered offices in Ulm. However, WMF may use its general legal venue to bring suit against the Customer.
12. Supplier’s identity and contact information
WMF Group GmbH
Phone: +49 73 31 - 25 1 (Monday through Friday 7:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.)
Fax: +49 73 31 - 4 53 87
Represented by the Managing Directors:
Chair of the Administrative Board:
Johannes P. Huth
with registered offices in Geislingen an der Steige, Germany,
registered at the Ulm District Court under HRB 732 253
VAT ID pursuant to § 27a of the VAT Law of Germany (Umsatzsteuergesetz): DE 298 927 552
Complaints may be filed at the address indicated below.
WMF Group GmbH, Geislingen/Steige