General Terms and Conditions of Helmut Zerrle Schweißtechnik-Großhandel GmbH for the Online Shop
§ 1 Scope of Application
(1) These General Terms and Conditions, hereinafter the „GTC“, apply to all contracts for the delivery of goods and, where expressly agreed, the provision of services concluded between
Helmut Zerrle Schweißtechnik-Großhandel GmbH
Meierweg 6
86154 Augsburg
Germany
hereinafter referred to as „Zerrle“, „we“ or the „Seller“,
and its customers via the Online Shop or in connection with orders initiated through it.
(2) These GTC apply both to consumers and to entrepreneurs, unless a deviating provision is expressly stipulated in the respective clauses.
(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
(4) An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession.
(5) Vis-à-vis entrepreneurs, these GTC also apply to future business relationships without us having to expressly refer to their applicability again.
(6) Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their validity in text form. This also applies if we carry out a delivery without reservation while being aware of conflicting terms and conditions.
(7) Individual agreements between the contracting parties take precedence over these GTC.
§ 2 Contracting Party and Contact Details
The contracting party is:
Helmut Zerrle Schweißtechnik-Großhandel GmbH
Meierweg 6
86154 Augsburg
Germany
Phone: 0821 298299-0
Email: zerrle@zerrle.com
Registered office: Augsburg
Register court: Amtsgericht Augsburg (Augsburg Local Court)
Commercial register: HRB 7851
VAT ID No.: DE239120454
§ 3 Offer and Product Presentation
(1) The presentation of goods and services in the Online Shop does not, as a rule, constitute a legally binding offer to conclude a purchase contract, but rather an invitation to the customer to place an order.
(2) Product images serve illustrative purposes. In particular due to technical display capabilities, screen representations, model updates or changes by the manufacturer, there may be minor deviations between the image and the goods actually delivered.
(3) Technical data, dimensions, weights, performance specifications and other product information are based in particular on manufacturer specifications and the product information available at the time of publication.
(4) Technical further developments and reasonable changes to the products remain reserved, provided that the contractually agreed use of the goods is not materially impaired thereby.
(5) In the case of goods that are custom-made, configured or specially procured for a customer, the agreed technical specifications, drawings, order confirmations or other individual agreements shall be decisive.
§ 4 Conclusion of Contract
(1) The customer can select goods in the Online Shop and place them in the shopping cart.
(2) Before submitting the order, the customer can review their entries and, where technically provided for, correct them.
(3) By clicking the final order button, the customer submits a binding offer to conclude a contract for the goods contained in the shopping cart.
(4) Receipt of an order is generally confirmed to the customer electronically. An automatic confirmation of receipt does not yet constitute acceptance of the contractual offer, unless the confirmation expressly states otherwise.
(5) The contract is concluded through:
- our express order confirmation in text form,
- the dispatch confirmation,
- the handover or dispatch of the goods, or
- any other express declaration of acceptance by us.
(6) If a payment method that immediately triggers payment is used, the contract may already be concluded upon successful completion of the respective payment process, provided this is correspondingly indicated during the ordering process.
(7) We are entitled to reject orders, in particular in the event of lack of product availability, obviously incorrect price information, justified suspicion of misuse or following a permissible credit check.
(8) In the case of entrepreneurs, orders may additionally be concluded via individual offers, order confirmations, email, interfaces or other agreed ordering channels.
§ 5 Storage of the Contract Text
(1) The information relevant to the conclusion of the contract is stored within the framework of the statutory and operational retention obligations.
(2) Insofar as a customer account is available in the Online Shop, orders and other contract-related information may be viewed there, where applicable.
(3) Consumers receive the legally required contract information on a durable medium, in particular by email.
§ 6 Contract Language
The contract language relevant to the conclusion of the contract is German.
Insofar as translations of these GTC or other contract documents are provided, the translation serves to improve comprehensibility. Vis-à-vis entrepreneurs, in the event of discrepancies the German version shall generally be authoritative, unless a deviating individual agreement has been made.
§ 7 Prices
(1) The prices displayed in the Online Shop depend on the respective labelling and the customer status.
(2) Vis-à-vis consumers, prices are shown including statutory value added tax, insofar as legally required.
(3) Vis-à-vis entrepreneurs, prices may be displayed as net prices plus the applicable statutory value added tax.
(4) In addition to the price of the goods, shipping, packaging, freight, insurance, customs or other ancillary costs may be incurred. The cost information legally required for consumers is displayed before the order is submitted.
(5) For entrepreneurs, the conditions specified in the offer, order confirmation, customer account or individually stored terms shall be decisive.
(6) Customer-specific prices, discounts, graduated prices or special conditions apply exclusively to the respectively entitled customer and may not be transferred to third parties without our consent.
(7) In the case of obvious clerical, calculation or input errors as well as recognisably incorrect price information, the statutory rights of rescission remain unaffected.
§ 8 Terms of Payment
(1) The payment methods offered in the respective ordering process are displayed to the customer before completion of the order.
(2) Unless otherwise agreed, the invoice amount is due for payment immediately upon conclusion of the contract or issuance of the invoice.
(3) In the case of entrepreneurs, individually agreed payment terms may apply. Decisive are in particular the order confirmation, invoice or individually stored customer terms.
(4) We reserve the right to offer certain payment methods only after review of the respective requirements.
(5) In particular in the case of new customers, larger order values, custom-made goods, special procurements or justified doubts about solvency, we may demand advance payment or a reasonable security, insofar as this is legally permissible.
(6) A payment shall only be deemed made once we are able to dispose of the full invoice amount.
§ 9 Default of Payment
(1) In the event of default of payment, the statutory provisions apply.
(2) Vis-à-vis consumers, default interest at the statutory rate may be demanded.
(3) In the case of legal transactions in which no consumer is involved, the statutory default interest rate for claims for payment is nine percentage points above the respective base interest rate.
(4) The assertion of further damages caused by default remains reserved.
(5) Vis-à-vis entrepreneurs, the statutory claims to a lump-sum default charge remain unaffected.
(6) In the event of significant default of payment or a material deterioration in the customer's financial circumstances, we may, insofar as legally permissible, make outstanding services dependent on advance payment or the provision of security.
§ 10 Delivery and Delivery Area
(1) Delivery is made to the delivery address specified by the customer during the ordering process or otherwise agreed.
(2) The available delivery areas and shipping options are set out in the Online Shop or in an individual agreement.
(3) In the case of entrepreneurs, deviating delivery conditions may be agreed, in particular deliveries in accordance with agreed Incoterms® 2020.
(4) Insofar as an Incoterms® clause is agreed, the expressly agreed version and clause shall be decisive.
(5) The delivery of machines, systems, welding equipment or bulky goods may be carried out by a forwarding agent or other suitable transport service providers.
(6) The customer is obliged to provide complete and accurate delivery details when placing the order.
(7) Additional costs incurred due to a delivery address culpably provided incorrectly by the customer, an unjustified refusal to accept delivery or any other failed delivery for which the customer is responsible may be charged to the customer to the extent legally permissible.
§ 11 Delivery Times
(1) Stated delivery times and delivery dates are only binding if they have been expressly agreed or confirmed as binding.
(2) Unless otherwise agreed, delivery periods begin upon conclusion of the contract.
(3) If advance payment has been agreed, the delivery period generally does not begin until receipt of the agreed payment.
(4) If the execution of an order depends on information, technical data, approvals, drawings or other acts of cooperation by the customer, a delivery period generally does not begin until we have received in full the information required for execution.
(5) Delays for which the customer is responsible extend agreed delivery periods by a reasonable amount.
(6) The customer's statutory rights in the event of delayed delivery remain unaffected.
§ 12 Self-Supply
(1) Vis-à-vis entrepreneurs, an agreed delivery period is subject to correct and timely self-supply, provided that we have concluded a specific covering transaction with our supplier and the lack of availability is not attributable to us.
(2) If, in such a case, we are not supplied despite proper and timely ordering and through no fault of our own, we will inform the customer without delay.
(3) If the goods are permanently unavailable, we may withdraw from the contract. Payments already made for the undelivered goods will be refunded without delay.
(4) Vis-à-vis consumers, the statutory provisions apply.
§ 13 Partial Deliveries
(1) Vis-à-vis entrepreneurs, partial deliveries are permitted insofar as they are reasonable for the customer.
(2) A partial delivery is reasonable in particular if the partial delivery can be used by the customer within the scope of the contractual purpose, the delivery of the remaining ordered goods remains ensured, and the customer does not incur any significant additional expense or significant additional costs as a result.
(3) Vis-à-vis consumers, partial deliveries are made only within the framework of the statutory provisions and insofar as no unreasonable disadvantages arise for the consumer as a result.
§ 14 Transfer of Risk
(1) Vis-à-vis consumers, the risk of accidental loss and accidental deterioration of the goods generally passes only upon handover of the goods to the consumer.
(2) If the consumer has themselves commissioned a carrier with the transport without this carrier having been previously named by us, the statutory provisions on the transfer of risk apply.
(3) Vis-à-vis entrepreneurs, the risk passes to the customer at the latest upon handover of the goods to the forwarding agent, carrier or other third party designated to carry out the dispatch, unless a deviating agreement has been made.
(4) In the case of agreed Incoterms® 2020, the transfer of risk is governed by the expressly agreed clause.
§ 15 Default of Acceptance
(1) If the customer is in default of acceptance or culpably breaches other obligations to cooperate, the statutory provisions apply.
(2) We are entitled to assert the reasonable additional expenses incurred by us as a result, in particular transport, return transport, storage and renewed shipping costs.
(3) Further statutory claims remain unaffected.
(4) Vis-à-vis consumers, exclusively the statutory requirements apply.
§ 16 Retention of Title
(1) The delivered goods remain our property until full payment of the respective purchase price.
(2) The customer is obliged to treat the goods subject to retention of title with care.
(3) The customer must inform us without delay if third parties access or wish to access the goods subject to retention of title.
(4) In the event of conduct by the customer in breach of contract, in particular default of payment, we may withdraw from the contract in accordance with the statutory provisions and demand the return of the goods.
§ 17 Extended Retention of Title vis-à-vis Entrepreneurs
(1) Vis-à-vis entrepreneurs, we retain title to the delivered goods until full settlement of all present and future claims arising from the ongoing business relationship.
(2) The entrepreneur is entitled to resell the goods subject to retention of title in the ordinary course of business.
(3) The entrepreneur hereby assigns to us the claims arising from the resale in the amount of the invoice value of the goods subject to retention of title. We accept this assignment.
(4) The entrepreneur remains authorised to collect the claims. Our authority to collect the claim ourselves remains unaffected. As a rule, we will not collect the claims ourselves as long as the entrepreneur duly meets their payment obligations.
(5) If the goods subject to retention of title are processed, transformed, combined or mixed, this is done for us as the manufacturer within the meaning of the statutory provisions, without any obligations arising for us as a result.
(6) In the case of processing, combination or mixing with items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the goods delivered by us to the value of the other processed items at the time of processing.
(7) If the realisable value of the securities exceeds our claims by more than 10 percent, we will, at the entrepreneur's request, release securities of our choice.
§ 18 Right of Withdrawal for Consumers
Consumers generally have a statutory right of withdrawal in the case of distance contracts.
The right of withdrawal applies exclusively to consumers.
Entrepreneurs are not granted any contractual right of withdrawal unless expressly agreed otherwise.
§ 19 Withdrawal Instructions
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
– on which you or a third party named by you, who is not the carrier, took possession of the goods,
– in the case of a contract for multiple goods that you ordered as part of a single order and that are delivered separately, on which you or a third party named by you, who is not the carrier, took possession of the last goods,
– in the case of a contract for the delivery of goods in several partial shipments or pieces, on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece.
To exercise your right of withdrawal, you must inform us
Helmut Zerrle Schweißtechnik-Großhandel GmbH
Meierweg 6
86154 Augsburg
Germany
Email: zerrle@zerrle.com
Phone: 0821 298299-0
by means of a clear statement (for example a letter sent by post or an email) of your decision to withdraw from this contract.
You may use the model withdrawal form below for this purpose, although this is not mandatory.
Insofar as we are legally obliged to provide an electronic withdrawal function, you may also exercise your right of withdrawal via the withdrawal function provided in the Online Shop. Information on the placement and use of this function is provided in the Online Shop.
If you use the electronic withdrawal function, we will confirm receipt of your withdrawal to you without delay on a durable medium.
To meet the withdrawal deadline, it is sufficient that you send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
§ 20 Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract.
For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees for this reimbursement.
In the case of a consumer goods purchase, we may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. This does not apply if we have offered to collect the goods.
You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract, unless we have offered to collect the goods.
The deadline is met if you send off the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods, insofar as you have been duly informed of this.
In the case of goods that, due to their nature, cannot normally be returned by post, forwarding or freight costs in particular may be incurred. Insofar as legally required, the expected return costs are stated or reasonably estimated before the conclusion of the contract.
You only have to pay for any diminished value of the goods where this diminished value results from handling the goods in a way that is not necessary to establish their nature, characteristics and functioning.
§ 21 Exclusion and Expiry of the Right of Withdrawal
Insofar as provided for by law and unless the parties have agreed otherwise, the right of withdrawal does not exist, in particular, in the case of contracts for the delivery of goods,
- that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer,
- that may spoil quickly or whose expiry date would quickly be exceeded,
- that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery,
- if, after delivery, they were, due to their nature, inseparably mixed with other goods,
- in further exceptional cases regulated by law.
In the case of services or digital services, an initially existing right of withdrawal may expire prematurely under the statutory conditions.
The statutory provisions on the exclusion and expiry of the right of withdrawal remain authoritative.
§ 22 Model Withdrawal Form
Model Withdrawal Form
If you wish to withdraw from the contract, you can fill out this form and send it back to us:
To:
Helmut Zerrle Schweißtechnik-Großhandel GmbH
Meierweg 6
86154 Augsburg
Germany
Email: zerrle@zerrle.com
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper):
Date:
(*) Delete as appropriate.
§ 23 Electronic Withdrawal Function
(1) Insofar as we are obliged under statutory provisions to provide an electronic withdrawal function for contracts concluded online, this is made easily accessible in the Online Shop and available during the statutory withdrawal period.
(2) The withdrawal function enables the consumer to transmit a declaration of withdrawal to us electronically.
(3) Via the function, the consumer can transmit the information required to identify the contract and to declare the withdrawal.
(4) After the electronic declaration of withdrawal has been sent, receipt of the withdrawal is confirmed to the consumer without delay electronically on a durable medium.
(5) The use of the electronic withdrawal function is not mandatory for the consumer. The withdrawal may also be declared in another legally permissible manner.
§ 24 Statutory Rights in Respect of Defects
(1) For consumers, the statutory rights in respect of defects apply.
(2) The goods are free from material defects if, at the time of transfer of risk, they meet the statutory subjective, objective and, where applicable, assembly requirements.
(3) In the case of defective goods, consumers have the statutory rights, in particular to subsequent performance and, where the statutory requirements are met, to a reduction of the price, withdrawal and damages.
(4) Statutory consumer protection rights are not restricted by these GTC.
§ 25 Rights in Respect of Defects vis-à-vis Entrepreneurs
(1) Vis-à-vis entrepreneurs, the limitation period for claims based on defects is generally twelve months from the transfer of risk, insofar as such a shortening is legally permissible.
(2) The shortening does not apply to:
- claims for damages arising from injury to life, body or health,
- damages based on an intentional or grossly negligent breach of duty by us or our legal representatives or vicarious agents,
- fraudulently concealed defects,
- claims based on an expressly assumed guarantee,
- statutorily mandatory recourse claims,
- claims under the Product Liability Act (Produkthaftungsgesetz), or
- other cases in which a shortening is legally impermissible.
(3) In the case of justified claims based on defects, we have, vis-à-vis entrepreneurs, the initial right to subsequent performance at our discretion by way of rectification or replacement delivery, insofar as legally permissible.
(4) Statutory rights in the event of failure, unreasonableness or refusal of subsequent performance remain unaffected.
§ 26 Duty of Merchants to Inspect and Give Notice of Defects
(1) If the purchase is a commercial transaction for both contracting parties, the statutory duties to inspect and give notice of defects apply, in particular § 377 HGB (German Commercial Code).
(2) The buyer must inspect the goods without delay after delivery, insofar as this is feasible in the ordinary course of business.
(3) If a defect becomes apparent during the inspection, it must be notified to us without delay.
(4) If a defect that was not recognisable during the inspection becomes apparent later, it must be notified without delay after its discovery.
(5) If a legally required timely notice of defects is omitted, the statutory legal consequences apply.
(6) This provision applies exclusively insofar as § 377 HGB or a comparable statutory duty to inspect and give notice of defects is applicable to the contractual relationship.
§ 27 Guarantees
(1) A guarantee exists only if it has been expressly designated as a guarantee and correspondingly promised to the customer.
(2) Manufacturer guarantees are, as a rule, guarantees of the respective manufacturer.
(3) The scope, duration and conditions of a manufacturer guarantee are governed by the guarantee conditions of the respective manufacturer.
(4) The customer's statutory rights in respect of defects are not restricted by a guarantee.
§ 28 Liability
(1) We are liable without limitation:
- for intent and gross negligence,
- for damages arising from injury to life, body or health,
- under the provisions of the Product Liability Act (Produkthaftungsgesetz),
- upon assumption of an express guarantee, unless the guarantee provides otherwise,
- in the case of fraudulent concealment of a defect, and
- in other cases of mandatory statutory liability.
(2) In the case of slightly negligent breach of a material contractual obligation, we are liable for the damage typical of the contract and foreseeable at the time of conclusion of the contract.
Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contracting party may regularly rely.
(3) In all other respects, liability for damage caused by slight negligence is excluded, insofar as legally permissible.
(4) The above limitations of liability apply accordingly in favour of our legal representatives, employees and vicarious agents.
(5) Mandatory statutory liability provisions remain unaffected.
§ 29 Product Use and Storage
(1) The customer must observe the respective product information, operating instructions, safety information, warnings, technical data sheets and storage instructions.
(2) Technical products, machines, welding equipment, welding accessories and other safety-relevant goods must be used exclusively in accordance with their intended use and the respective manufacturer specifications.
(3) Insofar as the use of a product requires special expertise, qualifications, personal protective equipment or statutory safety measures, compliance therewith lies within the responsibility of the respective user.
(4) Improper use, assembly, modification, repair or storage may affect statutory claims, insofar as the respective damage or defect is attributable thereto.
(5) Statutory rights of consumers are not excluded across the board as a result.
§ 30 Force Majeure
(1) We are not liable for delays or the impossibility of performance, insofar as these are caused by events that are beyond our reasonable control and for which we are not responsible.
(2) These may include, in particular:
natural disasters, fire, floods, pandemics, epidemics, war, terrorism, civil unrest, lawful industrial action, official measures, embargoes, significant energy or raw material shortages, significant disruptions to transport routes, failures of essential IT or communication infrastructure for which we are not responsible, as well as comparable events.
(3) For the duration of a temporary impediment, agreed performance periods are extended reasonably by the duration of the impediment and a necessary restart period.
(4) We will inform the customer of a significant impediment and its likely effects as soon as this is possible and reasonable for us.
(5) If the impediment lasts so long that continuation of the contract can no longer be reasonably expected of a contracting party, the rights of withdrawal and termination are governed by the statutory provisions.
§ 31 Export Control and Sanctions
(1) Our deliveries and services are subject to the proviso that their performance is not precluded by any applicable national, European or international export control regulations, embargoes, sanctions or other mandatory statutory prohibitions.
(2) The customer is obliged to provide us, upon request, with the information necessary for a legally required export control review.
(3) We are entitled to temporarily suspend a delivery insofar as this is necessary to carry out a required export control or sanctions review.
(4) If a delivery or other service is prohibited due to mandatory statutory export control or sanctions provisions, we are not obliged to perform the prohibited service.
(5) Further statutory rights and obligations remain unaffected.
§ 32 Data Protection
(1) Personal data is processed in accordance with the applicable data protection regulations.
(2) Information on the nature, scope, purpose and legal bases of the processing of personal data, as well as on the rights of data subjects, can be found in our respectively applicable Privacy Policy.
(3) The Privacy Policy is available in the Online Shop or on our website.
(4) Insofar as payment service providers, shipping service providers, IT service providers or other recipients of personal data are used for the performance of the contract, personal data is transmitted exclusively within the framework of the applicable data protection regulations.
§ 33 Set-Off and Right of Retention
(1) Consumers are entitled to set-off in accordance with the statutory provisions.
(2) Vis-à-vis entrepreneurs, set-off against counterclaims is only permissible if these are undisputed, legally established or ready for decision.
(3) Vis-à-vis entrepreneurs, a right of retention may only be exercised on account of counterclaims arising from the same contractual relationship, insofar as legally permissible.
(4) Mandatory statutory rights remain unaffected.
§ 34 Choice of Law, Place of Jurisdiction and Final Provisions
(1) The law of the Federal Republic of Germany applies to all contractual relationships, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as legally permissible.
(2) Vis-à-vis consumers, this choice of law applies only insofar as the consumer is not thereby deprived of the protection granted to them by mandatory provisions of the state of their habitual residence.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, Augsburg is, insofar as legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship.
(4) The same applies insofar as an agreement on jurisdiction is permissible under the statutory provisions.
(5) Individual agreements take precedence over these General Terms and Conditions.
(6) Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the legal consequence is governed by the statutory provisions. The validity of the remaining provisions remains unaffected.
(7) Amendments and supplements to individual agreements are governed by the statutory formal requirements and the agreements made between the parties.
Helmut Zerrle Schweißtechnik-Großhandel GmbH
Meierweg 6
86154 Augsburg
Germany