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1. Applicability
2. Products and services
3. Ordering and contractual process
4. Prices and delivery charges
5. Delivery, stock availability
6. Methods of payment
7. Retention of title
8. special conditions for factory services
9. Warranty for defects
10. Liability
11. Storage of sales contracts
12. Final provisions
1. Applicability
1.1. For the business relationship between Wallner Classic GmbH, Gewerbepark 8d, 85646 Anzing, Germany (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer"), the following General Terms and Conditions apply exclusively to orders via the online shop in the version valid at the time of the order.
1.2. 1.2. You can reach our customer service team for questions, complaints and returns from Monday to Thursday between 8.00am and 5.00pm and on Fridays from 8.00am to 3pm by telephone on +49 (0) 8121 76719 20 or via email at [email protected].
1.3. A consumer in the sense of these GTC is any individual who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code).
1.4. Revisions to these terms and conditions by the customer will not be recognised unless expressly agreed in writing by the seller.
2. Products and services
Displaying a product in the online shop does not constitute a legally binding offer but is an invitation to make an offer. Performance descriptions in catalogues or on the seller's website do not represent a promise or guarantee.
All offers are subject to availability unless indicated otherwise for specific products. Errors and omissions excepted.
3. Ordering and contractual process
3.1. The customer may select products from the seller's range without obligation and collect them in a "shopping basket" by using the Add to Basket button. Items can be changed or deleted while they are in the shopping basket. The customer can then proceed to place their order by moving from the shopping basket via the Proceed to Checkout button.
3.2. By using the Place your Order button, the customer enters into a binding contract to purchase and pay for the items in the shopping basket. Before confirming the order, the customer can at any time change the information, review the items and return to the shopping basket using the browser's "Back" function, or cancel the order altogether. Obligatory fields marked with an asterisk (*).
3.3. The seller then sends the customer an automatic notification of receipt by email, listing the customer's order, which the customer can print using the "Print" function (order acknowledgement). The automatic notification of receipt confirms only that the customer's order has been received by the seller and does not constitute an acceptance of the order. The sales contract only becomes legally binding when the seller has despatched the order to the customer within two days, or handed it over to the customer, or acknowledges the order within two days by sending the customer a second email, an order acknowledgement or an invoice.
3.4. If the seller requests prepayment, the contract becomes legally binding when the customer supplies their bank details and payment instructions. If payment has not been received by the seller within 10 calendar days of issuing the order acknowledgement, the seller will withdraw from the contract, the order will lapse and the seller will be released from any obligation to deliver. The order is then completed for the buyer and seller without further consequences. Prepaid items will therefore not be held for longer than ten calendar days.
4. Prices and delivery charges
4.1. All prices shown on the seller's website include value-added tax at the current rate.
4.2. In addition to the prices stated, there is a charge for delivery. The costs for delivery will be clearly communicated to the buyer on a separate information page during the order process.
5. Delivery, stock availability
5.1. If advance payment has been agreed, delivery shall take place upon receipt of the invoice amount.
5.2. Should it not be possible to deliver the goods through the fault of the buyer and despite three delivery attempts, the seller may withdraw from the contract. If applicable, payments made by the customer will be refunded without delay.
5.3. If a product has been ordered but is not available because the seller has not received supplies from his own supplier through no fault of his own, the seller may withdraw from the contract. When this happens, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive an alternative product, the seller will immediately reimburse the customer for any payments already made.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction on deliveries to certain countries) on a separate information page or as part of the description for that particular product.
6. Methods of payment
6.1. The customer can choose from the available payment methods during the ordering process and before completing the order. Customers are informed about the payment methods available on a separate information page.
6.2. If payment by invoice is agreed, payment must be made within 30 days of receipt of the goods and invoice. Otherwise, payment must be made in advance and without deduction.
6.3. If payment is made via third-party service providers such as PayPal, their general terms and conditions apply.
6.4. If the due date for payment is determined by the calendar, the customer is in default after this date. In such an event, the customer is obliged to pay statutory interest on the arrears.
6.5. The obligation of the customer to pay interest for late payment does not preclude the seller from asserting a claim for further default damages.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
7. Retention of title
The delivered items remain the property of the seller until payment has been made in full.
8. special conditions for factory services
The seller also offers repair work via this online shop. For this the following special conditions apply, the remaining conditions apply accordingly.
8.1 The seller shall carry out repair work on vehicle parts requested by the customer.
8.2 The acceptance of the repair work is carried out by the customer after the return of the vehicle parts to his place of residence or business, unless otherwise agreed. The period for acceptance is 2 weeks after receipt of the vehicle parts by the customer. If acceptance is not refused within this period, stating at least one defect, the repair work shall be deemed accepted.
9. Warranty for defects
9.1. Warranty is subject to the applicable legal regulations.
9.2. A warranty exists for the items delivered by the seller only if this is expressly stated. Customers are informed of the warranty conditions prior to entering the order process.
10. Liability
10.1. The following exclusions and limitations of liability, without prejudice to other legal claims, shall apply to the seller's liability for damages.
10.2. The seller shall be liable without limitation for damages caused with intent or out of gross negligence by the seller.
10.3. Furthermore, the seller shall be liable for damages caused by slight negligence of an essential contractual obligation, thereby endangering the achievement of the purpose of the contract, or for a breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on whose observance the customer may regularly rely. In these cases, the seller shall be limited to those damages typically foreseeable for contracts of this kind. The liability for damages caused by slight negligence of non-essential contractual obligations is hereby disclaimed.
10.4. The above limitations of liability shall not apply in the event of injury to life, body or health, in cases of defects when a certain quality has been guaranteed, and in the event of fraudulent non-disclosure of defects. Liability under the product liability laws remains unaffected.
10.5. Where the seller's liability is excluded or limited, this also applies to the personal liability of our employees, representatives and subcontractors.
11. Storage of sales contracts
11.1. Before sending their order to the seller, the customer can use their browser's print function to print out the text of the contract during the final stage of the order process.
11.2. The seller also sends the customer an order confirmation with full details of the order to the email address they have provided. The customer therefore receives a copy of the GTC together with our cancellation policy and details of shipping costs and payment conditions along with the order confirmation or, at the latest, with the delivery of the item(s). If you have registered in our shop, you can review your orders in your profile area. We also store the text of the contract but do not allow this to be accessed via the internet.
12. Final provisions
12.1. The place of jurisdiction and performance shall be the seller's registered office if the customer is a merchant, a legal agency under public law or a special fund under public law.
12.2. The language of the contract is German.
12.3. The European Commission's online dispute resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are not obliged nor prepared to participate in a dispute resolution procedure with a consumer arbitration board.