General Terms & Conditions
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (WEBER RESCUE Shop GmbH) via the website www.weber-rescue-shop.com, in the version valid at the time of the order. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods and services of any kind. All our offers on the Internet are non-binding and not a binding offer to conclude a legally valid contract.
(2) You can make a binding purchase offer (order) via our online store. In doing so, the goods you intend to purchase will be placed in the "shopping cart". You can use the corresponding button in the header of our website to call up your "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before sending the order, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase. Only by sending the order via the button "order with obligation to pay" you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after ordering by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods by us is confirmed (order confirmation). If you do not receive a corresponding message within 7 working days, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail and partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Credit card purchase via Mollie B.V.: Credit card processing is carried out by Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, The Netherlands. For this purpose, your personal credit card information will be entered and processed directly on the secure server of Mollie B.V. during the payment process.
(2) The following payment methods are processed via the payment service provider Mollie B.V.: Credit Cards, SEPA Direct Debit, Sofortüberweisung, Apple, Pay, EPS and Giropay. This means that your entered data is even better protected and is only available to us anonymously. It may happen that, depending on the payment method, Mollie B.V. appears as the payee, but your purchase will always be supplemented with a corresponding reason for payment that refers to the WEBER RESCUE Shop.
(3) Prepayment: If we have not received payment 14 days after the order, we reserve the right to cancel the order and release the reserved goods for all customers again.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship. Different orders (purchase contracts) may not be related to each other.
(2) The goods remain our full property until you have paid the purchase price in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice which accrue to you from the resale and we accept the assignment. You are also authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, 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.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 5 Cancellation of the contract for events and seminars
(1) Cancellation of seminar attendance is generally possible if it is made in writing at least 30 days before the respective event date and a substitute participant is provided.
(2) If no substitute participant can be provided, the seminar fee will be refunded within 14 days.
(3) In the event of a later cancellation or absence from the seminar if no substitute participant can be provided, the seminar fees will not be refunded, as the seminar place can no longer be allocated elsewhere.
(4) Name changes must also be notified at least 7 days before the respective seminar date. In the case of later name changes, it can no longer be guaranteed that the name change will be carried out on all documents, IDs and certificates.
(5) These conditions do not apply in the event of short-term illness, which can be confirmed by a medical certificate. This must be sent to us independently as a copy by e-mail or fax.
(6) WEBER shall be entitled to cancel an order of the customer, for which a ticket has already been delivered (unilateral right of withdrawal), if the customer violates specific conditions set by the organizer or WEBER, which were pointed out during the pre-sale, or tries to circumvent them (e.g. violation of limitation of the ticket quantity per customer, violation of the document conditions, especially prohibition of resale, etc.). The declaration of cancellation/withdrawal can also be made impliedly by crediting the amounts paid. This right of withdrawal is subject to §§ 346 ff. BGB shall apply to the exclusion of § 350 BGB.
§ 6 Warranty
(1) The statutory warranty rights for defects shall apply. There is no voluntary warranty beyond this.
(2) If you are an entrepreneur, the following shall apply in deviation from para.1:
a) Only our own specifications shall apply as the quality of the goods, but not any other advertising, public promotions and/or statements by any external manufacturer.
b) You are obligated to examine the goods immediately and with due diligence for deviations in quality and quantity and to notify us in writing of any obvious defects within 7 days of receipt of the goods. Timely dispatch is 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 obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
c) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
d) The warranty period shall be one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and damage caused by gross negligence or wilful misconduct or fraudulent intent as well as in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.
§ 7 Liability
(1) We shall be liable in each case without limitation for damages arising from injury to life, body or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects under the statutory warranty shall be governed by the corresponding provision in our General Terms and Conditions.
(3) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations that arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which you may regularly rely on.
(4) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we shall not be liable for the constant or uninterrupted availability of the website and the services offered there.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 9 Final Provisions
(1) Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
II. Customer information
1. Provider identification (address and contact details)
WEBER RESCUE Shop GmbH
Heilbronner Str. 30
Phone: +49 (0)7135 71-10911
(Mon-Thu: 0900 - 1600, Fri: 0900 - 1200)
Seat of the company: Güglingen
Local court Stuttgart, HRB 758225
Managing directors: Hanno Diekmann, Bernhard Obermayr
VAT ID No.: DE 308638053
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions.
3. Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. After sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the invoice will be sent to you again by e-mail.
4. essential features of the goods or services
The essential characteristics of the goods and / or services can be found in the detailed item description and the supplementary information on our website. If you have any questions before purchasing, you can contact us at any time for further information about our goods and services.
5. prices and payment methods
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you additionally, unless a free delivery is promised.
5.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description. Depending on the country, one or more payment methods may be excluded. During the ordering process you can choose one of the payment methods available to you in your country.
5.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1 The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description. If several items with different delivery dates are purchased together, the delivery date of the latest item shall apply.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by us or any other person designated to carry out the shipment. If you are an entrepreneur, the delivery and shipment is at your risk according to the Incoterm EXW.
6.3 If a particular product is not available, we undertake to inform you in good time about the unavailability. In such cases, we reserve the right to send you a replacement item of equivalent price and quality.
6.4 Subsequent deliveries of missing articles are always free of shipping costs for the customer.
7. Legal liability for defects
7.1 The liability for defects of our goods is governed by the provision "Warranty" in our General Terms and Conditions.
7.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
Status of these GTC (last update): 29.03.2022