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General Terms of Use


LEGAL INFORMATION

To any legal transactions entered into through the Wesco-Shop by

M. Westermann & Co. GmbH,
represented by the General Managers Egbert Neuhaus and Marcus Westermann,
Bahnhofstr. 205, 59759 Arnsberg

- hereinafter referred to as "Wesco" -

and

the customers as specified under item 2 of the following General Terms of Business

- hereinafter referred to as "Customer" -

the following General Terms of Business, as amended at the time of ordering, shall apply exclusively. Unless explicitly acknowledged by Wesco in writing, any deviating terms and conditions of the Customer shall be excluded.

1. DEFINITIONS

The Customer is a consumer if he/she enters into a legal transaction for purposes the predominant part of which cannot be attributed to his/her business or self-employed professional activities. A trader, on the other hand, is any natural or legal person, and any partnership having legal capacity, who/which is acting within his, her or its business or self-employed professional activities when entering into the contract.

2. CONCLUSION OF CONTRACT

(1) The Customer can choose items from the Wesco product range and collect them, by clicking the the button "Add to cart", in a so-called shopping cart. By clicking the button "Buy", the Customer submits a binding offer to buy the items in the shopping cart. Before the order is sent, the Customer can check and amend the data at any time. However, the offer to buy can only be submitted and sent if the Customer, by clicking the button "Accept terms", accepts these contract terms, which thus become a part of the offer.
(2) Upon payment, Wesco sends the Customer an automatic confirmation of receipt by e-mail which shows the items ordered and can be printed by the Customer by using the "Print" function. The automatic confirmation of receipt merely documents that Wesco received the order of the Customer and does not constitute an acceptance of the offer. No contract shall come into existence until a declaration of acceptance is made by Wesco in the form of a separate e-mail to be sent within 3 working days. If the requested item is out of stock, Wesco will refuse acceptance of the order within 3 working days. In such case, no contract has come into being.

3. PAYMENT

You can pay by credit card, using the payment service PayPal or in advance by bank transfer. You can also pay on account if you have provided a billing address in Germany and the value of the goods in your shopping basket is between EUR 1.50 and EUR 1,500. You will receive an invoice containing our bank details together with our order confirmation. The invoice amount is due for payment as soon as the invoice is received.

If you are paying by credit card or PayPal (not on account), your account will be debited with the invoice amount on the day payment is due. If you are paying on account, the invoice amount must be paid within 30 days to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The ability to pay on account is subject to PayPal running a successful identity and credit check. We assign our payment claim to PayPal in such a situation, meaning that the payment will be processed further in cooperation with PayPal and you will only be able to make your payment and discharge your debt to PayPal from this point onwards. The process shall be subject to PayPal’s general terms and conditions of business governing payments on account, PayPal’s privacy policy and the information on PayPal’s identity checks and the exchange of data with credit agencies (credit checks), which you are able to read on PayPal’s website and are required to confirm during the ordering process after you have been redirected to that website. We will remain your direct contact in respect of all other contractual matters, in particular regarding asserting your statutory right to cancel or rights relating to defects.

4. RETENTION OF TITLE

Wesco retains title to the goods delivered until paid for in full.

5. STATUTORY WARRANTY RIGHTS, GUARANTEES

The statutory warranty rights (§§ 434 et sqq. of the German Civil Code [BGB]) apply to all items offered by Wesco. For traders, the statutory warranty period applying to items delivered by Wesco shall be 12 months.Notwithstanding the aforesaid statutory warranty rights, Wesco grants consumers a manufacturer's warranty on Wesco products that is unlimited in terms of territory. Further details are set out in the guarantee provisions (accessible under http://www.wesco.de/cms/help-and-service/general-terms-use/).

6. LIABILITY

(1) The Customer shall not be entitled to claim any damages. However, this shall not apply to damage claims of the Customer based on injury to life, body or health or on the breach of essential contractual obligations (cardinal obligations), nor to any liability for other damages based on intentional or grossly negligent breach of contract committed by Wesco or Wesco's legal representatives or vicarious agents. Essential contractual obligations are such obligations the fulfilment of which is necessary to achieve the objective of the contract.
(2) Wesco's liability for the breach of essential contractual obligations committed by ordinary negligence shall be limited to damages that are typical for the contract and foreseeable; however, this shall not apply to any damage claims of the Customer based on injury to life, body or health.
(3) The restrictions set out in subsections 1 and 2 shall also apply to the benefit of Wesco's legal representatives and vicarous agents in the event that any claims are brought directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.The contractual language is German.

7. MISCELLANEOUS, OBLIGATION TO INFORM

(1) Contracts between Wesco and the customers shall be governed by the law of the Federal Republic of Germany, without giving effect to the Convention on Contracts for the International Sale of Goods.
(2) In the course of the ordering process, Wesco shall make these Terms and the further provisions of the contract, along with the data of the Customer's order, accessible for retrieval. The information can be easily archived there by the Customer through downloading the Terms and saving the data collected in the internet shop in the course of the ordering process by using the respective browser functions.
(3) The contract language is German.
(4) Provided that the Customer is a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for any disputes arising out of contracts between the Customer and Wesco shall be the registered office of Wesco.(5) The invalidity of individual provisions of the contract shall not affect the binding force of the remaining provisions. The invalid provisions shall be replaced by the respective legal provisions where these exist. However, insofar as this would constitute unreasonable hardness for one party, the entire contract shall be deemed invalid.

ONLINE COMPLAINTS PROCEDURE

The European Commission provides a platform for online dispute resolution (ODR) under the following link: https://ec.europa.eu/consumers/odr/.
We are neither under an obligation nor prepared to participate in a dispute resolution procedure that has been referred to a consumers’ conciliation board.

Updated: January 2018

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