Conditions of Use
General Terms & Conditions
(Version January 2009)
The following terms and conditions shall exclusively apply to offers and deliveries of Weathertec GmbH, legally represented by Wolfgang Peil (hereinafter referred to as "Weathertec GmbH"), concerning articles from WPH website www.weathertec.de.
Weathertec GmbH only enters into agreements with Customers who are either
a. individuals having full legal capacity and are over 18 years of age, or
b. legal entities resident or having registered offices in Germany, a member state of the EU, Norway or Switzerland. Weathertec GmbH reserves the right to rescind the contract within 14 days if an offer of other individuals or entities than those mentioned above was accepted by mistake.
A contract between Weathertec GmbH and the Customer will be concluded by the order of the Customer, on the one hand, and the delivery of the ordered articles by Weathertec GmbH, on the other hand. Upon receipt of the order, Weathertec GmbH will immediately send Customers an e-mail confirming this receipt.
4. 1. The following right to cancel does not apply for sealed goods if you open or damage (unseal) the packaging.
You are no longer bound to your order if you cancel it within 14 days of receiving the goods. Cancellation need not include an explanation but must be made in writing on a permanent data carrier or by returning the actual article. Maintenance of this deadline means timely dispatch of your cancellation to Weathertec GmbH - Schulstr.12 - 31303 Burgdorf - Germany.
In the event of a cancellation, we will remunerate any payments already received upon receipt of the returned merchandise. You are obliged to return to us the goods - for which the risk will be borne by us - if you have not already done so when sending us your letter of cancellation.
You will be responsible for bearing the costs of returning the goods.
4.2. In the case of queries regarding returns, please
- Send an e-mail to firstname.lastname@example.org or
- Telephone Customer Service on 0049-(0)-5136-89 55 60.
4.3. In case of non-packageable goods (over 30 kg) the right of return can be exercised by declaring the request for return in writing, e.g. by postcard. The timely dispatch of the goods or of the request for return shall suffice to comply with the time-limit.
4.4. In the event that prior to the return the bought article has not only been inspected but also used by the Customer as intended, Weathertec GmbH shall be entitled to claim compensation for the loss of value incurred by such use. In order to avoid compensation, please handle goods with care and avoid traces of use.
4.5. Excluded from the right of return are goods which were made according to the specifications of the Customer or clearly personalised, software insofar as the seal has been removed by the Customer, as well as blistered products and goods - due to their nature - cannot be returned.
4.6. The costs of the return have to be borne by the Customer. However, this does not apply in cases where consumer has a statutory right to cancel the contract (e.g. because the goods are defective).
5.1. The costs for packaging, delivery and postage regardless of the order value is levied for each order according to size, weight and destination.
5.2. Goods are usually delivered within 14 days. If an article of an order is not available for immediate delivery, it will be delivered separately.
6. Prices & VAT
6.1. All prices for goods on the Weathertec GmbH website include VAT at the relevant prevailing rate on the day of billing.
6.2. Our invoice will display not only the price for the goods in Euro but also any other elements of the ultimate price charged (i.e. VAT, delivery costs)
6.3. In the case of trade orders, the invoice also includes VAT, which is listed separately.
To commercial customers from the EU with a VAT ID Nr., we deliver after validation excluding the VAT.
Weathertec GmbH accepts the following payments:
In individual cases, Weathertec GmbH reserves the right to require advance payment.
Goods remain the property of Weathertec GmbH until final payment has been received in full.
9.1. To the extent permitted by law, Weathertec GmbH shall not be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any data, or any indirect, consequential or special loss.
9.2. Subject to clauses 9.1, Weathertec GmbH's total aggregate liability under this agreement and in relation to anything which Weathertec GmbH has done or not done in connection with this agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited an amount equal to a 125% of the total amount payable by Customer. HOWEVER, NOTHING IN THIS CLAUSE 9 AFFECTS THE CUSTOMER'S STATUTORY RIGHTS.
10. Force Majeure
Weathertec GmbH shall not be liable for the failure or delay of deliveries, or for damage or defects to products, due to any cause beyond reasonable control of Weathertec GmbH (e.g. strikes).
11. Design and Copyright
All forms of images and layout are the property of Weathertec GmbH and the manufacturers or owners of the copyrights. Reproductions, in part or in whole, are strictly prohibited without the prior written consent of Weathertec GmbH. Weathertec GmbH takes care not to involve copyrights of third without permission. If noticed an involvement of copyrights without permission, please contact Weathertc Equipment. Weathertec GmbH will immediatly react to your request to resolve the problem.
(We will admire you, if in the first step of contact, you naturally will not hire an advocate. We do not also.)
The agreement between Weathertec GmbH and the Customer is governed by the laws of Germany. Both Weathertec GmbH and Customer submit to the exclusive jurisdiction of the German courts in relation to any dispute concerning this agreement.
Due to the regulations of the EU-Commision all online-traders have to indicate thier customers the possibility of an Online-Dispute-Regulation: The European Commision will support the Online-Dispute-Regulation with a plattform-website. We will publish the proper link as soon as the platform will be available: http://ec.europa.eu/consumers/odr/