Terms & Conditions & Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Wolf&Pabich GmbH) via the website wolf-pabich.de. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the contract

(1) The object of the contract is the sale of goods.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.

In this case, the goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.

Before submitting the order, you have the opportunity to check all the information here again, to change it (also via the "back" function of the internet browser) or to cancel the purchase.

By submitting the order via the button "order with obligation to pay", you submit a binding offer to us.

You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for accuracy and assume no liability for errors in this respect.

§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of security is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. They are also authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is up to us.

§ 5 Warranty

(1) The statutory liability rights for defects exist.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3) Insofar as you are an entrepreneur, the following shall apply in derogation from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to have been agreed upon as the nature of the item, but not other advertising, public praises and statements by the manufacturer.

b) In the event of defects, we provide warranty at our discretion by means of repair or subsequent delivery. If the remedy of the defect fails, you can demand a reduction or withdraw from the contract at your discretion. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless otherwise indicated by the nature of the item or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from the date of delivery of the goods. The shortening of the deadline does not apply:

- culpably caused damage attributable to us from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;

- insofar as we have fraudulently concealed the defect or assumed a guarantee for the condition of the item;

-in the case of goods which have been used for a building in accordance with its usual use and have caused its defectiveness;

- in the event of statutory recourse claims that you have against us in connection with defect rights.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law only applies to the extent that it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) The place of performance for all services arising from the existing business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 7 Protection of minors

(1) When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.

Existing age restrictions are indicated in the respective article description.

(2) By submitting your order, you warrant that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are obliged to ensure that only you or such persons authorised by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.

(3) Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown to them for age verification. (4) Insofar as we state in the respective article description that you must have reached the age of 18 for the purchase of the goods beyond the legally prescribed minimum age, the above paragraphs 1-3 shall apply with the proviso that you are of legal age instead of the legally prescribed minimum age

must

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II. Customer Information

1. Identity of the seller

Wolf & Pabich GmbH
Insterburger Str. 16
40670 Meerbusch

Fon +49 (0) 2159 - 69 33-0
Fax +49 (0) 2159 - 69 33-69

eMail: mail@wolf-pabich.de
Internet: www.wolf-pabich.de

Registration court: Neuss District Court
Registration number: HRB5553

Sales tax identification number according to § 27 a sales tax law: DE 120 583 138

Managing directors authorised to represent:
Stephan Wolf / Andreas Pabich

1. Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The language of the contract is German.

3.2. We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer. 

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment does not pass until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment is at your risk.

7. Statutory Liability for DefectsLiability for defects is based on the "Warranty" provision in our General Terms and Conditions
(Part I).

These terms and conditions and customer information have been prepared by Händlerbund's lawyers specialising in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/agb-service.

last update: 20.01.2020