General Terms And Conditions

Terms and Conditions

Terms and Conditions and Customer Information
I. Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (WKS Fulfillment GmbH) via the website nuklid.shop. Unless otherwise agreed, your own conditions, if applicable, cannot be considered.

(2) With regard to the following provisions, a ‘consumer’ is any natural person who concludes a legal transaction for purposes that can neither be predominately attributed to their business nor to their self-employed professional activity. A ‘businessperson’ is any natural or legal person or legally responsible partnership that concludes a legal transaction when pursuing their self-employed professional or commercial activity.


§ 2 Formation of contract

(1) The purpose of the contract is the sale of goods.

(2) The moment the product in question is set up on our website, we are submitting a binding offer to you to conclude a contract based on the conditions indicated in the item description.

(3) The contract comes into existence via the online shopping basket system as follows: the items that are intended for purchase are placed in the ‘shopping basket’. You can access the ‘shopping basket’ via the corresponding button in the navigation bar and make changes there at any time. After accessing the ‘checkout’ page and inputting your personal data as well as the payment and shipping terms, all order details are then displayed on the order summary page.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort), you will either be directed to the order summary page in our online shop or you will be taken first to the internet page of the instant payment system provider.

If you are directed to the instant payment system in question, you make the appropriate selection there and/or input your data. You are then directed back to the order summary page in our online shop.

Before confirming your order, you have the possibility to check or modify all the details again (also via the ‘back’ function in the internet browser) or to abandon the purchase.

When you confirm the order via the ‘Buy now’ button, you declare that your acceptance of the offer, upon which the contract comes into being, is legally binding.

(4) Any queries you make relating to the setting-up of an offer are not binding for you. We will send you a binding offer in writing (e.g. via email) which you can accept within five days.

(5) The order and transmission of all information required for the conclusion of the contract is handled via email and is partly automated. You therefore need to ensure that the email address you have registered with us is correct, that you have the technical means to receive emails and, in particular, that SPAM filters will not prevent you from doing so.


§ 3 Right of retention, retention of ownership

(1) You can only exercise a right of retention if this relates to receivables from the same contractual relationship.


(2)  The goods remain our property until you have paid the full purchase price.

(3)  If you are a businessperson, the following additionally applies:

a) We reserve the right to the ownership of the goods until all arrears from the ongoing business relationship have been settled. A pledge or a transfer of security is not permitted before ownership of the reserved goods is transferred,

b) You can resell the goods in the proper course of business. In this case, you already assign to us immediately all monies receivable for the invoiced amount resulting from the resale and we accept this assignment. You are still entitled to collect the monies receivable. If you do not properly fulfil your payment obligations, we reserve, however, the right to collect the monies receivable ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item at the ratio of the invoice value of the reserved goods to the other processed items at the time the processing took place.


d) We commit to releasing the securities owed to us upon your request if the realisable value of our securities exceeds the monies receivable to be secured by more than 10%. The selection of the securities to be released is at our discretion.


§ 4 Guarantee

(1) The statutory warranty rights apply.


(2) As a consumer, you are requested to immediately check the goods for completeness, any obvious defects, and shipping damage upon delivery and to communicate any complaints both to us and to the carrier as quickly as possible. If you do not comply with this, it does not affect your legal warranty claims.


(3) If you are a businessperson, the following deviations from the warranty rights stated above apply:


a) With regard to the condition of the goods, only our own specifications and the manufacturer’s product description are deemed to be binding; not, however, any other advertising message, public claims, or statements by the manufacturer.


b)  In the case of defects, we can choose to fulfil the guarantee by repair or replacement. If the repair of the defect is unsuccessful, you can demand a price reduction or withdraw from the contract. The repair is considered a failure after an unsuccessful second attempt if no further conclusions can be drawn from the type of goods, the defect, or other circumstances. In the case of a repair, we are not obliged to carry the extra costs resulting from the transfer of the goods to a different place from the place of fulfilment.


c)  The warranty period amounts to one year following delivery of the goods. A shortening of this period does not apply:

- to damages culpably attributable to us arising from injury to life, body and health or other damages caused by gross negligence;
- if we have fraudulently concealed the defect or have assumed a warranty for the appearance and workmanship of the item;
- in the case of items which were used according to their usual manner of application for a building and caused it to become defective;

- in the case of legal recourse claims which you hold against us in relation to defects.


§ 5 Applicable law, place of fulfilment, court of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies if the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not withdrawn (favourability principle).

(2)  The place of fulfilment for all services from existing business relationships with us as well as the jurisdiction is our registered offices, if you are not a consumer but a businessperson, a legal entity of public law or a special fund under public law. The same applies if you do not have any general jurisdiction in Germany or the EU or if the permanent or usual place of residence is not known at the point in time at which the action is filed. The right to appeal to another court of jurisdiction remains unaffected.

(3)  The provisions of the UN convention on the contract for the international sale of goods (CISG) specifically do not apply.


 




II. Customer information

1. Identity of seller

WKS Fulfillment GmbH
Westendstraße 1
45143 Essen
Germany
Telephone: +49 5232 60090
E-Mail: marktdienste@haberbeck.de


Alternative dispute resolution:
The European Commission offers a platform for extrajudicial online dispute resolution, accessible at https://ec.europa.eu/odr.
We are not prepared to participate in dispute resolution procedures with consumer arbitration boards.

2. Information relating to formation of contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction take place according to the ‘formation of contract’ provisions in our Terms and Conditions (Part 1)

3. Contract language, storage of contract text

3.1. The contract language is English.

3.2. We do not store the complete contract text. Before confirming the order via the online shopping basket system, the contract data can be printed out via the browser’s print function or can be stored electronically. Once we have received the order, the order information, the legally required information relating to distance selling contracts and the terms and conditions are sent to you once again by email.

3.3. In the case of requests for quotation outside the online shopping basket system, you receive all contractual data as part of a binding offer in writing, for example via email, which you can print out or store electronically.

4. Codes of conduct

4.1. We are subject to the so-called ‘Käufersiegel’ quality criteria of the Händlerbund Management AG and therefore to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/

4.2. We are subject to the European Code of Conduct, which can be viewed at:

http://www.euro-label.com/kodex/index.html.

5. Essential characteristics of the goods or service

You can find the essential characteristics of the goods or service in the offer in question.


6. Prices and payment terms

6.1. The prices indicated in the respective offers and the shipping costs represent the total prices. They include all price components including any applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They are available via a corresponding button on our website or in the respective offer, are indicated separately during the order procedure and are also to be covered by you if free shipment has not been agreed.


6.3. If the delivery takes place in countries outside the European Union, further costs for which we are not responsible may occur such as, for example, customs, duties, or money transfer fees (transfer or exchange rate fees imposed by financial institutions), which are to be covered by you.

6.4. Costs arising from a money transfer (transfer or exchange rate fees imposed by financial institutions) are to be covered by you in those cases in which the delivery is made to an EU Member State, but the payment is made outside the European Union.

6.5. The types of payment available to you are identified via a corresponding button on our website or in the offer in question.

6.6. Unless indicated otherwise with the individual payment types, payments from the concluded contract are due immediately.


7. Delivery conditions

7.1. The delivery conditions and deadline, as well as any existing delivery restrictions can be found by clicking on the appropriate button on our website or in the offer in question.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss or deterioration of the sold item during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a forwarder, that has not been designated by the company, or a different person to execute the shipment.

If you are a businessperson, delivery and shipment take place at your own risk.


8. Statutory warranty rights

The warranty is based on the ‘Guarantee’ provision in our Terms and Conditions (Part 1).

These Terms and Conditions and the Customer Information were produced by lawyers specialising in IT law at the e-commerce association ‘Händlerbund’ and are continually checked for their compliance with the law. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the case of warning notices. You can find more information at: https://www.haendlerbund.de/agb-service.

last update: 23.10.2019