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GENERAL TERMS AND CONDITIONS OF SALE OF WALCH & NUSSER GbR (only the German Version of this document is legally binding)
1. General
These General Terms and Conditions of Sale ("GTC") will apply to the entire business relationship between the customer and Walch & Nusser GbR (“Walch & Nusser”), in particular to the present purchase agreement and any purchase agreements to be concluded in the future. Deviating provisions shall be ineffective even if Walch & Nusser does not expressly object thereto. Deviations from these GTC proposed by the Customer shall only be effective if Walch & Nusser accepts the same in writing.
All references to ‘we’, ‘us’ or ‘our’ are references to Walch & Nusser GbR.
Please read these conditions carefully before using the vtes.de website. By using the vtes.de website, you signify your agreement to be bound by these conditions.
2. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of the website.
Walch & Nusser reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
3. Privacy
Please review our Privacy Notice, which also governs your visit to vtes.de, to understand our practices.
4. Access to vtes.de
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for Website Access
Walch & Nusser grants you a limited licence to access and make personal use of the vtes.de website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Walch & Nusser. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Walch & Nusser and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Walch & Nusser´s or its affiliates´ names or trademarks without the express written consent of Walch & Nusser. Any unauthorised use terminates the permission or license granted by Walch & Nusser.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the What’s New Here page of Walch & Nusser as long as the link does not portray Walch & Nusser, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Walch & Nusser logo or other proprietary graphic or trademark as part of the link without our express written consent.
6. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Walch & Nusser, are responsible for all electronic communications and content sent >from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
• to cause annoyance, inconvenience or needless anxiety.
7. Reviews, Comments, Communications and Other Content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Walch & Nusser reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
• (a) grant Walch & Nusser and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
• (b) grant Walch & Nusser and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Walch & Nusser, including the execution of deeds and documents, at the request of Walch & Nusser.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to vtes.de: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Walch & Nusser policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Walch & Nusser and its affiliates for all claims brought by a third party against Walch & Nusser or its affiliates arising out of or in connection with a breach of any of these warranties.
8. Copyright, Authors` Rights and Database Rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Walch & Nusser, its affiliates or its content suppliers and is protected by German and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Walch & Nusser and its affiliates and is protected by German and international copyright and database right laws. All software used on this website is the property of Walch & Nusser, our affiliates or our software suppliers and is protected by German and international copyright and authors’ rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Walch & Nusser´s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Walch & Nusser´s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Walch & Nusser´s express written consent.
9. Our Contract
The offers made on this website are to be seen as non-committal invitations to purchase products via vtes.de. When you place an order to purchase a product from Walch & Nusser, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we have dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Before Walch & Nusser sends a confirmation, we examine whether and in what period the goods can be delivered, whether a contractual agreement with the customer must be rejected for legal reasons, or if errors have occurred on the vtes.de website based on mistakes in writing, printing or calculation by Nusser & Walch. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract. Please note our minimum order value of 50, 00 €.
10. Terms of Delivery
Any date given for delivery is to be considered as an approximate estimate and cannot be guaranteed. Unless agreed otherwise, goods will be delivered to the delivery address provided by you. Partial shipments shall be permitted. Risk in the goods shall pass to you once the goods have been dispatched by Walch & Nusser. This also applies in the case of part deliveries. If delivery is delayed due to your fault, the risk shall pass to you on the day the goods are ready for shipment.
We charge a country-specific shipping and handling flat rate for delivery of products ordered by you.
Delivery Zone/Delivery Charge:Germany: 4,00 €
Europe Zone 1 (Austria, Belgium, Czech Republic, Denmark, France, Finland, Greece, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland, and the UK): 10,00 €
Europe Zone 2 (European countries not mentioned under Europe Zone 1): 20,00 €
11. Pricing
Walch & Nusser endeavours to ensure that the prices and product specifications on vtes.de are accurate and up to date. Prices and product specifications are subject to correction. In case of mispricing on vtes.de we will cancel your order and notify you of that cancellation.
We expressly reserve the right to alter prices, product specifications and GTC without notice.
12. Customs
When ordering goods from vtes.de you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; Walch & Nusser has no control over these charges. Customs policies vary widely, so please contact your local customs office if you need further information. Moreover, please note that when ordering from vtes.de, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to Walch & Nusser and we know that you care about how information about your order is used and shared. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
13. Returns
According to Sec. 3 of German Remote Sales Law (§ 3 Fernabsatzgesetz), you have the right to revoke the purchasing agreement without stating a reason within 14 days after receipt of goods. Said contract revocation must be received within this period.
You can declare the revocation in written form, or another form of data storage, by e-mail, or by simply returning the goods. The revocation must be sent to:
Walch & Nusser GbR
Maximilianstraße 93
67346 Speyer
Deutschland
If the revocation is made within the allotted period, you are no longer bound to the contract with us. The purchasing price already paid by you will be reimbursed by Walch & Nusser. You are obligated to send back the goods. If the revocation applies to goods less than 40,00 €, you must pay the costs of the return shipment. If the costs exceed this amount, we will pay return shipment costs provided that the revocation has been sent within 14 days of receipt of goods.
Goods returned to Walch & Nusser are sent at your own risk and we recommend that you use a “signed-for” service. Please quote your name, address and invoice number. Goods returned can only be accepted if in an unused condition and unopened in their original packaging unless the goods are faulty or damaged. You are responsible for any damages caused due to carelessness or faulty packing of returns. Postage and packaging charged for your original order is also payable in case of returns. If you wish to return the goods after you made payment, Walch & Nusser will be happy to provide you a full refund of the purchase price.
Please contact Walch & Nusser as well as if you received goods which you did not order or goods which are faulty or damaged. Do not return the goods before contacting Walch & Nusser. We will refund you the postage for the return of these goods.
If any of the goods are found to be defective, please notify Walch & Nusser in writing up to 8 days from receipt of the goods.
14. Terms of Payment
All prices are in Euro (EUR) and are inclusive of VAT. Where applicable, VAT is charged at the standard rate for Germany, currently 19 % (7 % for books). Payments must be made in Euro (as a net amount without any .
First-time customers have to pay in advance via bank transfer to our German bank account (IBAN preferred) or Paypal. If a first-time customer’s order is not paid within 5 days of placement of said order, Walch & Nusser reserves the right to cancel the order.
Regular customers pay via bank transfer to our German bank account (IBAN preferred) or Paypal. Regular customers should please effect their payment within 7 days of receipt of shipment.
15. Cancellation of Purchase Contract
If you do not accept the delivery or if the shipment is not reclaimed from a local post office within 7 days of initial delivery after a failed delivery attempt, Walch & Nusser reserves the right to cancel the order.
16. Retention of Title
Walch & Nusser will retain title to all goods supplied by us until full payment of the amounts invoiced. This shall also apply if the purchase price has been paid for certain shipments of goods defined by you, because retention of title serves the purpose of securing the total accounts receivable by Walch & Nusser.
17. Losses and Liability
Walch & Nusser will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the vtes.de website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using vtes.de or when a contract for the sale of goods by us to you was formed. To the extent that liability is ruled out or limited by us, this also applies to the personal liability of our employees, representatives and agents.
Walch & Nusser is liable only for wilful negligence and intent. If there are deficiencies in the goods for which we are responsible, we are entitled to choose the manner of correcting the deficiency or providing a replacement delivery. If Walch & Nusser should not be willing or able to correct the deficiency or provide a replacement delivery or if this is delayed beyond a reasonable period of time for reasons for which we bear responsibility or if the deficiency correction or replacement delivery fails in any other way, you may revoke the purchase contract or demand a corresponding reduction of the price of sale.
The limitation of liability does not apply if the cause of damage was wilful negligence or intent. It also does not apply if you base claims on Sections 1 and 4 of the German Product liability law (§§ 1 and 4 of the Produkthaftungsgesetz) due to the lack of a promised capacity or claim for damages due to non-fulfilment (according to §§ 463 and 480, Abs. 2 BGB). The same applies to initial incapacity or pleaded impossibility. Insofar as Walch & Nusser has wilfully violated its contractual responsibility, the obligation to render compensation for physical and personal damage is limited to damage that arises in typical cases. The warranty is limited to 12 months from the point of transfer of risk. This period is a statutory period and also applies to replacement claims for consequential damage, insofar as no claims are made from illicit actions.
18. Data Protection
Having read the privacy notice, you have gained detailed knowledge of the type, extent, place and purpose of the registration, processing and use of the personal data needed for processing your order. You expressly recognise the registration, processing and use of personal data. Walch & Nusser is entitled to store electronically and process the data provided by you. The data will be used by us solely for the purpose of our business relationship with you.
19. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these GTC at any time. You will be subject to the policies and GTC in force at the time that you use the vtes.de website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
20. Events beyond our Reasonable Control
Walch & Nusser will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
21. Waiver
If you breach these conditions and we take no action, Walch & Nusser will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
22. Governing Law and Jurisdiction
Unless mandatory statutory regulations to the contrary exist, the entire business relationship between Walch & Nusser and you shall exclusively be subject to German substantive law. Applicability of UN Sales Law (United Nations Convention on Contracts for the International Sale of Goods) and similar international agreements is hereby excluded.
For all legal disputes arising out of or in connection with the business relationship between Walch & Nusser and the customer the court having jurisdiction over the subject-matter and over Mannheim shall be the exclusive place of jurisdiction. Walch & Nusser shall, however, at its option be entitled to sue the customer also before the court having jurisdiction over the place of the customer´s registered address or the location of any goods which may be the subject of dispute.
23. Severability
If any provision of these GTC or any contractual agreement between Walch & Nusser and the customer is held by any court or other competent authority to be void, illegal or unenforceable in whole or part, the other provisions of these Terms and Conditions or the affected Agreement as well as the remainder of the affected provisions shall continue to be valid, in force and binding. The void, illegal or unenforceable provision shall be automatically deemed replaced by such valid, legal and enforceable provision that comes closest to the business purpose of the replaced provision.
Speyer 30.07.2007
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