General terms and conditions
General terms and conditions
The following Terms and Conditions (Terms) apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. CONTRACTUAL PARTNER, FORMATION OF CONTRACT, OPTIONS FOR CORRECTIONS
The contract is concluded with Wesco International B.V., Escudostraat 2, NL-2991 XV Barendrecht.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. CONTRACT LANGUAGE, SAVING OF THE CONTRACT TEXT
The language(s) available for concluding the contract: English
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. For security reasons, the text of the contract cannot be accessed via the internet.
4. Delivery conditions
a) Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
B) We only dispatch goods en route; pick up by the customer is not possible.
c) In case of alumobil outdoor kitchen units, we are entitled to make partial deliveries if buyer can reasonably be expected to accept such partial deliveries in buyer’s own interest. A partial delivery is reasonable if (without limitation) it refers to individual electrical devices/gas devices and buyer was informed of such partial delivery when placing the purchase order.
d) Installation of water, gas, and electric supply connections and of water drainage are not included in the scope of delivery of WESCO alumobil outdoor kitchens.
e) We reserve the right to make changes in the design, dimensions, and weights of WESCO alumobil outdoor kitchens which buyer can reasonably be expected to accept upon objective consideration of all the circumstances of the case.
f) Having joined the German dual system, we assume responsibility for take-back and recovery of empty packaging in accordance with the Packaging Ordinance in effect from time to time. The packaging is therefore labelled with the Green Dot and can be disposed in the dual system (Duales System Deutschland) containers free of charge.
The following payment methods are available via MOLLIE:
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, directly after the formation of the contract, the payment transaction is automatically carried out and charged to your card.
During the ordering process you will be forwarded to PayPal's website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
If you choose the payment method iDeal, you will be redirected to the website of your bank. In order to be able to pay the invoice amount via iDeal, you must have a Dutch online bank account that is activated for participation in iDeal, provide the necessary identification and confirm the payment order to us. You will receive other information during the order process. The payment transaction will be executed immediately afterwards and will be debited from your account.
If you choose the payment method Bancontact/Mr.Cash, you will be redirected to the online payment site of your bank. After you have approved the Bancontact payment order, it will be referred back to the checkout page of the website. The payment transaction will be executed immediately afterwards and debited from your account. To be able to pay the invoice amount via Bancontact/Mr.Cash, you must have a Belgian account.
The processing of your payment via Creditcard. PayPal, iDeal or Bancontact is taken care of by Payment Service Provider MOLLIE. You will see 'Wesco International B.V. via Mollie"' as the payee on your bank statement. This means that Mollie has taken care of the processing of your online payment. They have no influence on the product conditions, such as delivery, of the products or services ordered by you.
6. RIGHT TO CANCEL
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. RETENTION OF TITLE
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
8. DAMAGE DURING DELIVERY
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.
9. WARRANTY AND GUARANTEES
We are under a legal duty to supply products that are in conformity with this contract.
Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.
The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
* in the event of injury to life, limb or health
* in case of intentional or grossly negligent breach of duty as well as fraudulent intent
* in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
* within the scope of a voluntary guarantee, if agreed, or
* within the scope of application of the Product Liability Act (Produkthaftungsgesetz).
Restrictions in relation to businesses
In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.
Provisions for merchants ("Kaufleute" in accordance with HGB - German Commercial Code)
Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Complaints and return of goods
Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
Customer service: You can reach our customer service Monday to Thursday from 9.00 to 16.00, Friday from 9.00 to 13.00 under the telephone number 31 (0) 10 483 28 49 or the e-mail firstname.lastname@example.org
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
12. FINAL PROVISIONS
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.