General Terms and Conditions
WINDSOURCING.COM TERMS AND CONDITIONS
I. General, Validity
1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations with the company WINDSOURCING.COM GmbH. Conflicting or deviating terms and conditions of the customer will not be accepted unless WINDSOURCING.COM GmbH expressly agrees to their validity in writing.
WINDSOURCING.COM GmbH is entitled to change the terms and conditions of use of the online shop at any time after prior notice or to discontinue the service. In such cases, the customer shall have the right to give WINDSOURCING.COM GmbH extraordinary notice of termination of the user agreement in writing with a notice period of 14 days to the date of the change.
II. conclusion of contract; offer; terms of payment
Offers made by WINDSOURCING.COM GmbH are subject to change without notice, unless the documents, illustrations and performance specifications belonging to the offer are designated as binding.
Offers by WINDSOURCING.COM GmbH are merely invitations to the customer to submit offers for the conclusion of a contract.
Upon receipt of an offer for the conclusion of a contract, the customer shall receive a confirmation of receipt from WINDSOURCING.COM GmbH, in which the customer's order shall be listed again. This confirmation of receipt serves only to document that the order has been received by WINDSOURCING.COM GmbH and in no way constitutes an acceptance of the offer.
3.A contract with WINDSOURCING.COM GmbH shall only come into effect by means of a proper order confirmation in writing or text form or by execution of the delivery. The written order confirmation by WINDSOURCING.COM GmbH determines the content and scope of the contractual performance of WINDSOURCING.COM GmbH. We reserve the right to make technical changes within the scope of reasonableness.
4.WINDSOURCING.COM GmbH shall inform the purchaser immediately, even if the order is not accepted by WINDSOURCING.COM GmbH.
5. unless otherwise expressly agreed in writing, advance payment shall be deemed agreed. This means that WINDSOURCING.COM GmbH shall only be obliged to deliver once the purchase price has been credited in full to the account of WINDSOURCING.COM GmbH.
III. delivery and delay in delivery
1. periods for deliveries/services shall commence at the earliest upon receipt of a written order confirmation from WINDSOURCING.COM GmbH and shall only be binding if expressly agreed. Partial deliveries and partial services are possible, provided they are reasonable for the customer.
In case of delay in delivery, WINDSOURCING.COM GmbH shall be liable according to the legal provisions, subject to the limitation in these GTC, if the contract is a firm deal or if the customer is entitled to claim the discontinuation of his interest in the fulfilment of the contract due to the delay in delivery for which WINDSOURCING.COM GmbH is responsible.
IV. Retention of title
1) The object of purchase remains the property of WINDSOURCING.COM GmbH until the payment of the claims due to WINDSOURCING.COM GmbH under the purchase contract. The reservation of title shall also apply to claims of WINDSOURCING.COM GmbH against the customer arising from the current business relationship until the settlement of any claims arising in connection with the purchase. At the customer's request, WINDSOURCING.COM GmbH shall be obliged to waive the reservation of title if the customer has indisputably fulfilled all claims in connection with the object of purchase and there is adequate security for the remaining claims arising from the current business relationship.
As long as the retention of title exists, the customer may neither dispose of the object of purchase nor contractually grant third parties the right to use it.
V. Transfer of risk
The risk of accidental loss or accidental deterioration of the delivery item shall pass to the customer as soon as the consignment has been handed over to the person responsible for transport or has left the warehouse of WINDSOURCING.COM GmbH or the manufacturer's works for the purpose of shipment at the latest.
2. transport damages shall be borne by the customer. They must be ascertained upon arrival of the consignment and claimed by the customer from the carrier.
VI. material defect
1. claims of the customer due to material defects shall become statute-barred one year after delivery of the object of purchase to the customer.
2. the sale of used articles is carried out under exclusion of any liability for material defects. In case of fraudulent concealment of defects or the assumption of a guarantee for the quality by WINDSOURCING.COM GmbH, further claims shall remain unaffected.
3. the customer shall immediately assert claims for the removal of defects in writing to WINDSOURCING.COM GmbH.
In the event of a defective delivery/service, the customer may demand that WINDSOURCING.COM GmbH remedy the defect or, if such remedy is not sufficient, impossible or unreasonable, demand a replacement delivery. If the repair or replacement fails or if WINDSOURCING.COM GmbH culpably allows a reasonable grace period set in writing for this purpose to expire, the customer may withdraw from the contract, demand a reduction in price or claim damages.
1. WINDSOURCING.COM GmbH is liable for damages caused intentionally or through gross negligence by it, its organs, executives or employees. In the event of a breach of contractual obligations, the fulfilment of which is indispensable for the achievement of the purpose of the contract, the absence of warranted characteristics or personal injury as a result of tort, WINDSOURCING.COM GmbH shall in any case be liable for attributable fault.
WINDSOURCING.COM GmbH shall be liable for intent and gross negligence without limitation in accordance with the statutory provisions. In the case of simple negligence, liability is excluded, provided that neither an essential contractual obligation has been violated nor life or limb has been injured, or in the case of default or impossibility of performance. In the case of simple negligence, insofar as an essential contractual obligation has been violated or there is a case of delay or impossibility, liability for damages that are not based on injury to life or limb shall be limited to damages typical for the contract and to such damages that were foreseeable. The customer reserves the right to prove higher damages. WINDSOURCING.COM GmbH shall not be liable for indirect and consequential damages or loss of profit. This shall not affect claims under the Product Liability Act or under manufacturer's liability.
3. force majeure or operational disruptions occurring at WINDSOURCING.COM GmbH or its suppliers, which temporarily prevent WINDSOURCING.COM GmbH from delivering the object of purchase on the agreed date or within the agreed period through no fault of its own, extend the delivery dates and periods by the duration of the disruptions in performance caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the customer may withdraw from the contract. Other rights of withdrawal remain unaffected. If the delay in delivery is not due to an intentional or grossly negligent breach of contract for which WINDSOURCING.COM GmbH is responsible, the liability of WINDSOURCING.COM GmbH is limited to the foreseeable, typically occurring damage, however, to a maximum of the purchase price.
VIII. Data protection, right of revocation
As far as personal data are concerned, the person concerned can revoke the use of the collected data at any time without giving reasons to WINDSOURCING.COM GmbH in writing or in text form. In this case, WINDSOURCING.COM reserves the right to terminate the contractual relationship, if such revocation endangers the fulfilment of the purpose of the contract or makes it impossible. WINDSOURCING.COM will delete the personal data after revocation or termination of the contract and provide evidence of the deletion to the party concerned upon written request.
For technical reasons, WINDSOURCING.COM GmbH cannot guarantee accessibility by e-mail or the accessibility of the URL (http://www.windsourcing.com or other of its URLs). WINDSOURCING.COM GmbH also accepts no liability for the accuracy and completeness of data transported via the Internet. The customer uses the Internet at his own risk and is subject to national or international laws and regulations. Separate warranty or guarantee promises by WINDSOURCING.COM GmbH remain unaffected.
X. Applicable law, partial invalidity
All legal relations between WINDSOURCING.COM GmbH and the customer shall be governed by the formal and material law of the Federal Republic of Germany with the exception of German international private law.
2 Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.
XI. Place of jurisdiction
1) For all present and future claims arising from the business relationship with merchants, the exclusive place of jurisdiction is the registered office of WINDSOURCING.COM GmbH.
2. the same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany, moves his residence or usual place of abode out of Germany after conclusion of the contract or if his residence or usual place of abode is not known at the time of filing a suit.
Status February 2020