General Terms & Conditions

§ 1 Scope and provider



These general terms and conditions apply to all orders placed with the online store of the

Willi GmbH
Lechstrasse 1
80638 Munich
Managing directors: Melina Rauter/ Christina Sperber

The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.

Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions, is contradicted already now.

Contract language is exclusively German.

You can retrieve and print the currently valid General Terms and Conditions on the website [specify link].

 

§ 2 Conclusion of contract


The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.

By clicking the button ["Order now with obligation to pay" / "Buy"] you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.

After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods - without prior express declaration of acceptance - to you. Exception: in case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.

§ 3 Prices


The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping Information" / "Terms of Delivery"].


§ 4 Terms of payment; Default


The payment takes place alternatively: Invoice in advance, credit card, Paypal or direct debit. 

The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to hedge our credit risk only prepayment.

If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation. 

When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will occur at the time we ship the goods to you. 

When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction is automatically carried out by PayPal immediately afterwards.

When paying by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of funds or due to incorrect bank account information provided by you. 

If you are in arrears with a payment, you shall be obliged to pay the statutory interest on arrears at a rate of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.

 

§ 5 Offsetting/Right of Retention
 

You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.

You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

    
§ 6 Delivery; Retention of Title


Unless otherwise agreed, the goods will be delivered from our warehouse to the address specified by you.

Orders are only possible to Germany and EU countries. A delivery takes place only in household-usual quantities.

The goods remain our property until full payment of the purchase price.

We are exceptionally not obligated to deliver the ordered goods, if we have ordered the goods properly on our part, but have not been supplied correctly or in time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

If you are an entrepreneur in the sense of § 14 BGB (German Civil Code), the following shall apply in addition:
We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale.

We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.

If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

 

§ 7 Cancellation policy


Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the seller's cancellation policy.

 

§ 8 Transport damage 
  

If goods are delivered with obvious transport damage, please claim such defects immediately to the deliverer and contact us as soon as possible.

Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

 

§ 9 Warranty

  

Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).

If you are a consumer in the sense of § 13 BGB, the liability period for warranty claims for used goods - in deviation from the statutory provisions - is one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.

In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB).

If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.
In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
The warranty period is one year from delivery of the goods.

 

§ 10 Liability

 

Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.

§ 11 Alternative Dispute Resolution 

 

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We will endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.

  
§ 12 Final provisions


Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.

If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.


Status: December/ 2020