Terms & Conditions

Gen­eral Terms & Con­di­tions for users of www.​weller-​tools.​com

§ 1 Gen­eral pro­vi­sions; scope of Gen­eral Terms & Con­di­tions

1.1 All ser­vices of Weller Tools GmbH (here­inafter termed “Weller Tools”) are to be ef­fected ex­clu­sively on the basis of the fol­low­ing Gen­eral Terms & Con­di­tions (here­inafter termed “GTC” [“AGB”] as they stand in the valid ver­sion thereof that sub­sists at the time of order place­ment. Un­less ex­pressly agreed in writ­ing, de­vi­at­ing Terms & Con­di­tions shall be deemed in­ap­plic­a­ble.

1.2. Those who are deemed users in the con­text of these Terms & Con­di­tions are both con­sumers and en­tre­pre­neurs (here­inafter termed "Users"). Con­sumers des­ig­nated thus under these Terms & Con­di­tions are in­di­vid­u­als who con­clude specif­i­cally tar­geted agree­ments that can­not be as­cribed to a com­mer­cial or pro­fes­sional ac­tiv­ity. En­tre­pre­neurs des­ig­nated thus under these Terms & Con­di­tions are in­di­vid­u­als or legal en­ti­ties or pri­vate com­pa­nies with legal em­pow­er­ment, who or which con­duct ac­tiv­i­ties within a com­mer­cial or pro­fes­sional frame­work.


§ 2 De­scrip­tion of ser­vices


2.1 The mer­chan­dise of­fered via our on­line shop is solely rep­re­sen­ta­tive of a se­lec­tion of goods that are mar­keted by our com­pany by means of mul­ti­ple dis­trib­u­tors. We do not sell goods di­rectly. Our por­tal, there­fore, prin­ci­pally serves to dis­sem­i­nate in­for­ma­tion about our prod­ucts. You may not con­clude a pur­chase agree­ment with us via this plat­tform.

You may, how­ever, se­lect goods and sub­mit a cor­re­spond­ing en­quiry to us.

This en­quiry will then be for­warded to an ap­pro­pri­ate local dis­trib­u­tor who will sub­se­quently pro­vide you with a non-bind­ing quo­ta­tion for the se­lected goods.

In the event that you con­clude an agree­ment based upon this quo­ta­tion, such an agree­ment is deemed to be a mat­ter that sub­sists solely be­tween you and the re­spec­tive dis­trib­u­tor. Ac­cord­ingly, we act solely as me­di­a­tors who pro­vide a plat­form thereto.

2.2 You may add dis­parate goods to your shop­ping cart. Di­rectly pur­chas­ing these goods is not per­mit­ted. How­ever, you may sub­mit an en­quiry per­tain­ing to the se­lected goods by click­ing the ap­pro­pri­ate but­ton.

You must first, how­ever, reg­is­ter and open a cus­tomer ac­count with us. Your en­quiry will then be for­warded to the ap­pro­pri­ate local dis­trib­u­tor re­spon­si­ble for the order sub­mit­ted. The dis­trib­u­tor con­cerned will be iden­ti­fied to you at the end of the en­quiry process and will sub­se­quently sub­mit a quo­ta­tion to you.


§ 3 Prices

All prices are rec­om­mended and non-bind­ing. The dis­trib­u­tor con­cerned may choose to sub­mit a quo­ta­tion to you that de­tails dif­fer­ing prices.


§ 4 Terms of de­liv­ery and pay­ment

Terms of de­liv­ery and pay­ment are de­fined by the dis­trib­u­tor in the quo­ta­tion sub­mit­ted.


§ 5 War­ranties

As we are not deemed to be an im­me­di­ate con­trac­tual part­ner, you are re­quired to ap­proach the dis­trib­u­tor con­cerned di­rectly should you have any war­ranty claims. We as­sume li­a­bil­ity only for prod­uct qual­ity.


§ 6 Li­a­bil­ity for com­pen­sa­tion of dam­ages and re­im­burse­ment of ex­pen­di­ture

6.1 For those who are con­sumers, we un­der­take to re­main li­able for dam­ages in ac­cor­dance with legal statutes.

6.2 For those who utilise our plat­form as en­tre­pre­neurs, the fol­low­ing pro­vi­sions apply in the event of our con­trac­tual li­a­bil­ity for dam­ages:

6.2.1 In­so­far as the claims raised against us are in re­spect of wil­ful vi­o­la­tion of oblig­a­tions ef­fected by us, by our rep­re­sen­ta­tives or by our agents, we as­sume li­a­bil­ity for dam­ages in ac­cor­dance with legal statutes. In in­stances of claims raised against us that al­lege grossly neg­li­gent vi­o­la­tion of oblig­a­tions ef­fected by us, by our rep­re­sen­ta­tives or by our agents, li­a­bil­ity is lim­ited to fore­see­able, typ­i­cally oc­cur­ring dam­age.

6.2.2 In­so­far as we or our rep­re­sen­ta­tives or agents have cul­pa­bly vi­o­lated an oblig­a­tion that is crit­i­cal to the proper im­ple­men­ta­tion of the Agree­ment, whose vi­o­la­tion jeop­ar­dises the at­tain­ment of the con­trac­tual ob­jec­tive and in which the User rou­tinely re­poses con­fi­dence – and should no in­stance of li­a­bil­ity be set out in the legal statutes – li­a­bil­ity is lim­ited to fore­see­able, typ­i­cally oc­cur­ring dam­age.

6.2.3 Un­less oth­er­wise de­fined in Clauses 6.2.1 and 6.2.2, our li­a­bil­ity for com­pen­sa­tion of dam­ages is ex­cluded. This also ap­plies in­so­far as claims for re­course are as­serted against us as sup­pli­ers in ac­cor­dance with § 478 of the Ger­man Civil Code.

6.3 Li­a­bil­ity ex­clu­sions and lim­i­ta­tions sub­sist­ing under the terms of Clause 6.2 also apply to other claims, es­pe­cially tort li­a­bil­ity claims or claims for re­im­burse­ment of fu­tile ex­pen­di­ture  in­stead of per­for­mance.

6.4 Li­a­bil­ity ex­clu­sions and lim­i­ta­tions sub­sist­ing under the terms of Clause 6.2 do not apply to any sub­sist­ing claims in ac­cor­dance with prod­uct li­a­bil­ity law as de­fined in §§ 1, 4 or in con­se­quence of cul­pa­ble dam­age in­flicted on life, body or health. They are also in­ad­mis­si­ble in­so­far as we have as­sumed a war­ranty for the prop­er­ties of the goods in ques­tion, have un­der­taken to com­mit to the pro­vi­sion of ser­vices or have as­sumed a pro­cure­ment risk, fol­low­ing which the mer­chan­dise is under war­ranty or the pro­cure­ment risk is ef­fec­tive.

6.5 Li­a­bil­ity aris­ing from as­sump­tion of a pro­cure­ment risk per­tains to us only if we have ex­pressly and in writ­ing as­sumed that pro­cure­ment risk.

6.6 In­so­far as lim­i­ta­tion of li­a­bil­ity in ac­cor­dance with Clause 6.2 is in­ad­mis­si­ble in claims al­leg­ing man­u­fac­tur­ers’ li­a­bil­ity in ac­cor­dance with § 823 of the Ger­man Civil Code, our li­a­bil­ity is lim­ited to pay­ment of prod­uct li­a­bil­ity in­sur­ance. In­so­far as this is in­ap­plic­a­ble – or is ap­plic­a­ble only in part – we are li­able to the limit of the in­dem­nity. This Clause does not apply in the event that cul­pa­ble dam­age is in­flicted on life, body or health.

6.7 In­so­far as our li­a­bil­ity is ex­cluded or lim­ited, this also ap­plies to in­di­vid­ual li­a­bil­ity in­curred by our em­ploy­ees, work­ers, as­so­ci­ates, rep­re­sen­ta­tives and agents.

6.8 Re­ver­sal of the bur­den of proof is not im­pli­cated in the afore­men­tioned pro­vi­sions.


§ 7 Ser­vice

In the event of queries or com­plaints, please com­plete the form pro­vided on­line for this pur­pose. We shall re­spond im­me­di­ately.


§ 8 Rule of law; place of ju­ris­dic­tion

8.1 The law of the Fed­eral Re­pub­lic of Ger­many, under ex­clu­sion of the UN sales law, is ap­plic­a­ble.
 
8.2 In the case of Users who utilise our plat­form for any pur­pose un­at­trib­ut­able to pro­fes­sional or com­mer­cial ac­tiv­ity (con­sumers), law ap­plic­a­bil­ity is sub­ject to the pre­con­di­tion that they are not dis­ad­van­taged by being de­nied ac­cess to more favourable legal pro­vi­sions pre­vail­ing in the state in which they habitally re­side.

8.3 The place of ful­fil­ment for all our ser­vices per­ti­nent to order place­ment by a dealer, a legal en­tity under pub­lic law or a pub­lic law cor­po­ra­tion or pub­lic sec­tor fund shall be our com­pany of­fices in Be­sigheim.

8.4 The place of ju­ris­dic­tion for all dis­putes aris­ing from this con­trac­tual re­la­tion­ship – in the event that order place­ment is ef­fected by a dealer, a legal en­tity under pub­lic law or a pub­lic law cor­po­ra­tion or pub­lic sec­tor fund – shall be our com­pany of­fices in Be­sigheim.





§ 9 Other pro­vi­sions



9.1 The con­tract lan­guages shall be Ger­man and Eng­lish.



9.2 Should sin­gle or mul­ti­ple pro­vi­sions within these Gen­eral Terms & Con­di­tions be deemed in­valid, the re­main­der of the Agree­ment is to con­tinue to be deemed valid. The con­tent of any in­valid pro­vi­sions is to be gov­erned by statu­tory reg­u­la­tions.




Up­dated: No­vem­ber 2010