Terms and Conditions
weekview General Terms and Conditions
1. All our deliveries and services are provided exclusively on the
basis of these General Terms and Conditions. We do not
recognise regulations to the contrary or regulations deviating
from our general terms and conditions, in particular, the buyer's
terms and conditions, unless we have expressly agreed to their
validity. Our General Terms and Conditions also apply if we
execute the delivery to the purchaser without reservation in the
knowledge that the purchaser's conditions contradict or deviate
from our General Terms and Conditions.
2. Our General Terms and Conditions shall only apply to natural or
legal persons or partnerships with legal capacity who, when
concluding the contract, act in the exercise of their commercial
or independent professional activity (entrepreneurs) and to legal
persons under public law and special funds under public law.
II. Price offer - offer documents
1. If the buyer's order is to be qualified as a contractual offer in
accordance with § 145 BGB, we can accept it within two weeks.
2. We reserve ownership rights and copyrights to illustrations,
drawings, calculations and other documents; they may not be
made accessible to third parties. This applies in particular to
such written documents which are designated as "confidential";
the customer requires our express written consent before
passing them on to third parties.
III. Conclusion of contract in the online shop
The products offered by our online shop are not binding. If the buyer
orders in our online shop, a contract is concluded between the
buyer and us in the following way:
The buyer can choose from the offer of our online shop and add
items to his shopping cart.
He can change the content of his shopping basket or empty it
completely or partially. Before placing the order, the buyer is
informed that these general terms and conditions apply and can
only continue the order process after the confirmation of these
general terms and conditions.
With the order, the buyer makes a binding contractual offer
regarding the goods contained in the shopping basket. We are
entitled to accept this contractual offer within two weeks.
Acceptance can be declared by the delivery of the goods or by us
declaring acceptance of his order to the purchaser in any other way.
The contract is concluded with the acceptance.
IV. Prices - Terms of payment
1. Unless otherwise expressly agreed, our deliveries and services
shall be rendered at the prices in our price list valid at the time
of conclusion of the contract.
2. We reserve the right to adjust prices for purchased goods and
services delivered or provided with the Buyer's consent later
than four months after conclusion of the contract up to the
amount of our list prices valid on the date of dispatch or the date
3. The agreed prices are ex warehouse Munich plus the shipping
costs (packaging, freight, etc.) and the value added tax valid on
the day of delivery or other service. The dispatch takes place
after our free choice. DHL is preferred.
4. We are entitled, but not obliged, to insure the object of
purchase at the buyer's expense. If the buyer so wishes, we will
take out transport insurance for the delivery; the costs incurred
in this respect shall be borne by the buyer.
5. Payments must be made strictly net without discounts or other
6. The buyer will help to ensure that an adequate credit limit is
available to him at all times. This includes, among other things,
the provision of the necessary information to our credit insurer. If
the credit line is insufficient, the buyer will provide additional
securities, e.g. guarantees.
7. If the buyer's financial situation deteriorates, giving rise to
doubts as to his creditworthiness or willingness to pay, in
particular in the event of protests by bill of exchange or cheque,
default in payment, arrears in payment from other deliveries,
sluggish payment methods, we shall be entitled, subject to our
other rights, to demand cash in advance or security, to withhold
our services until advance payment or security has been made
and, in the event of a lack of advance payment or security, to
withdraw from the contract in whole or in part. In any case, all
our claims arising from the contractual relationship shall become
8. The buyer is only entitled to offsetting rights if his counterclaims
are legally established, undisputed or acknowledged by us.
Furthermore, he is entitled to exercise a right of retention insofar
as his counterclaim is based on the same contractual
V. Delivery time
1. The time of delivery stated by us shall begin only if all technical
and functional questions have been clarified.
2. Delivery dates or delivery periods, which can be agreed as
binding or non-binding, must be stated in writing. We make
every effort to comply with them. The delivery period is met if
the delivery item has left the warehouse or the buyer has been
notified that it is ready for dispatch by the end of the delivery
3. In the event of unforeseeable, unusual and circumstances for
which we are not responsible, e.g. operational disturbances by
fire, water and similar circumstances, breakdown of production
facilities and machines, strike and lockout, official interventions,
lack of manpower, material, energy, transport possibilities, etc.,
even if they occur at upstream suppliers, the delivery period
shall be extended by an appropriate period of time if we are
prevented from the timely fulfilment of our obligations by these
4. Compliance with our delivery or service obligation presupposes
the timely and proper fulfilment of the purchaser's obligations.
VI. Transfer of risk
1.Unless expressly agreed otherwise, the risk shall pass to the
buyer as soon as the goods to be shipped have been handed over
to the person carrying out the transport or have left our production
or our warehouse for shipment, irrespective of whether the
shipment is made from the place of performance and who bears the
shipping costs. If the goods are ready for dispatch and the dispatch
or acceptance is delayed for reasons for which we are not
responsible, the risk shall pass to the purchaser upon receipt of
notification that the goods are ready for dispatch.
2.We are, as far as this is reasonable for the buyer, entitled to
VII. Retention of property rights
1.We reserve the right of ownership of the object of purchase until
receipt of all payments from the delivery contract. In the event of a
breach of contract on the part of the purchaser, in particular, in the
event of default in payment, we shall be entitled to take back the
object of purchase. Our taking back the object of purchase does not
constitute a withdrawal from the contract unless we have expressly
declared this in writing. The seizure of the object of sale by us shall
always constitute a withdrawal from the contract. After taking back
the object of sale, we are entitled to sell it; the proceeds of the sale
are to be set off against the purchaser's liabilities - less reasonable
costs of sale.
2. The buyer is obliged to treat the object of sale with care; in
particular, he is obliged to insure it sufficiently at replacement value
at his own expense against damage caused by fire, water and theft.
3. In the event of seizures or other interventions by third parties, the
purchaser must inform us immediately in writing so that we can
bring an action pursuant to § 771 ZPO (Code of Civil Procedure). If
the third party is not in a position to reimburse us for the judicial and
extrajudicial costs of an action pursuant to § 771 ZPO, the
purchaser shall be liable for the loss incurred by us.
4. The buyer is entitled to resell the object of sale in the ordinary
course of business; however, he hereby assigns to us all claims in
the amount of the final invoice amount agreed with us (including
VAT) which accrue to him against his customers or third parties
from the resale, irrespective of whether the object of sale has been
resold without or after processing. The buyer remains authorised to
collect this claim even after the assignment. Our authority to collect
the claim ourselves remains unaffected by this. However, we
undertake not to collect the claim as long as the purchaser meets
his payment obligations from the proceeds collected, is not in
default of payment and, in particular, no petition for the opening of
insolvency or composition proceedings has been filed or payments
have not been suspended. If this is the case, however, we can
demand that the buyer informs us of the assigned claims and their
debtors, provides us with all information necessary for collection,
hands over the associated documents and informs the debtor (third
party) of the assignment.
5. The processing or transformation of the object of purchase by the
buyer is always carried out for us. The buyer's expectant right to the
object of purchase shall continue in the transformed object. If the
object of sale is processed with other objects not belonging to us,
we shall acquire co-ownership of the new object in the ratio of the
objective value of our object of sale to the other processed objects
at the time of processing. In all other respects, the same shall apply
to the object created by processing as to the object of sale
delivered under reservation of title.
6. If the object of sale is inseparably mixed with other objects not
belonging to us, we shall acquire co-ownership of the new object in
the ratio of the objective value of our object of sale to the other
mixed objects at the time of mixing. If the mixing takes place in such
a way that the object of the buyer is to be regarded as the main
object, it is agreed that the buyer transfers proportional coownership
to us. The buyer shall hold the sole ownership or coownership
thus created in safe custody for us.
7. The buyer also assigns to us the claims to secure our claims
against him, which arise against a third party through the
combination of the object of sale with a property.
8. We commit ourselves to disclose the securities to which we are
entitled at the request of the buyer insofar as the realisable value of
our securities exceeds the claims to be secured by more than 10%;
the choice of the securities to be released is incumbent on us.
VIII. material defects
1. The purchaser's rights in respect of defects presuppose that he
has properly complied with his obligations to examine and give
notice of defects in accordance with § 377 HGB (German
2. In the event of defects occurring, we shall, at the Buyer's
request, provide subsequent performance at our discretion by
remedying the defect (rectification) or by delivering a defect-free
item (new delivery). Within a reasonable period of time, the
buyer may demand a type of subsequent performance other
than that chosen by us if the type of subsequent performance
chosen by us is unreasonable for him. Our rights under §§ 439
para. 3, 275 para. 2 and 3 BGB remain unaffected by this.
3. If the purchaser sets us a reasonable deadline for subsequent
performance and if subsequent performance fails within this
period, the purchaser shall have the further-reaching rights to a
reduction in price or, at his discretion, to withdraw from the
contract and, if we are responsible for the defect, the right to
claim damages instead of performance or to reimbursement of
futile expenses within the meaning of § 284 BGB (German Civil
Code) within the agreed limitations of liability. However, the
purchaser is only entitled to withdraw from the contract and to
claim damages in lieu of the entire performance in the event of
considerable defects. The setting of a grace period, the
declaration of withdrawal and the assertion of damages instead
of performance must be in writing to be effective. Setting a
deadline by the buyer is not necessary in the legally determined
cases of §§ 281 para. 2, 323 para. 2, 440 BGB.
4. After the unsuccessful expiry of a period set for subsequent
performance in accordance with the above paragraph 3, the
buyer must declare to us in writing within a reasonable period of
time whether he continues to demand subsequent performance
or whether he asserts the further rights mentioned in paragraph
6 sentence 1.
5. If an error analysis in connection with defects reported by the
buyer reveals that claims or rights of the buyer do not exist due
to defects, we are entitled to invoice the buyer for the expenses
incurred by us in the course of the investigation in accordance
with our current price list, provided that the buyer has
recognised or negligently failed to recognise that a defect does
not exist, but that the cause of the defect complained of by him
originates from his own sphere of responsibility.
6. We shall not be liable if processing or changes to the objects of
purchase have been made by the purchaser or by third parties
commissioned by the purchaser, unless the purchaser proves
that defects which have occurred cannot be attributed to this.
7. Claims of the buyer due to a defect become statute-barred after
six (6) months. The period begins upon delivery. In the event of
intentional or grossly negligent breaches of duty, fraudulent
concealment of defect claims for restitution in rem by third
parties within the meaning of § 438 Para. 1 No. 1 BGB, claims
under the Product Liability Act and the assumption of a quality
guarantee, the statutory provisions on limitation periods shall
apply; however, this shall only apply in the event of acceptance
of a guarantee, unless otherwise stipulated in the respective
IX. legal deficiencies
1. Unless otherwise provided for in the following provisions in this
Section IX. and in Section X., the statutory provisions shall
apply to the Buyer's rights and claims in the event of defects of
2. A legal warranty is given if the buyer is not effectively granted
the rights necessary for the contractual use of the objects of
3. If a third party asserts to the buyer the violation of property
rights by the objects of purchase, the buyer shall, (i) inform us
immediately in writing, (ii) authorise us to conduct the legal
dispute and settlement negotiations with the third party at our
own expense and as far as possible alone, and to conduct legal
actions only with our consent, and, (iii) provide us with all
reasonable support and provide us with the necessary
information and documents available to the Buyer and with the
necessary powers of attorney.
4. In the event that the rights of third parties are breached by the
objects of purchase, we shall provide subsequent performance
at our discretion by (i) change the objects of purchase in such a
way that they are no longer in violation of the law, while they
provide a corresponding service and the scope of functions in
accordance with the contract is maintained for the purchaser, or,
(ii) acquire for the Buyer a right of use sufficient for the purposes
of the contract to continue the use of the purchased goods or,
(iii) replace the objects of purchase with other objects of
purchase which are equivalent for the buyer with regard to the
agreed quality of the objects of purchase, provide a
corresponding service and do not result in any significant
disadvantages for the buyer, or, (iv) supplies new objects of
purchase, the contractual use of which does not infringe the
industrial property rights of third parties, which contains the
same range of functions as the previous objects of purchase
and the acceptance of which is reasonable for the purchaser
and does not lead to considerable disadvantages for the
5. In all other respects, the provisions on material defects in
Section VIII shall apply. (1-7) in the event of defects of title.
X. limitations of liability
1. If no individual agreement is made, we shall be liable - on
whatever legal grounds - for claims for damages or claims for
reimbursement of futile expenses within the meaning of § 284
BGB in accordance with the following provisions in paragraphs
2 to 7.
2. We are liable without limitation in accordance with the statutory
provisions for damages resulting from injury to life, body or
health, for damages based on intent or gross negligence, as
well as for damages that fall within the scope of protection of a
guarantee, quality or durability guarantee given by the provider,
unless otherwise stipulated in the respective guarantee
3. For damages other than those mentioned in para. 2, which are
based on a slightly negligent breach of essential contractual
obligations (cardinal obligations), we shall be liable under
limitation to compensation for the foreseeable damage typical
for the contract. Essential contractual obligations within the
meaning of sentence 1 are such obligations whose violation
endangers the achievement of the purpose of the contract, the
fulfilment of which is essential for the proper execution of the
contract and on whose compliance the purchaser regularly
4. In all other respects, any further liability for damages other than
those mentioned in para. 2, which are based on a slightly
negligent violation of other obligations than those mentioned in
para. 3, is excluded.
5. Liability under the Product Liability Act remains unaffected.
6. The above limitations of liability also apply with regard to the
personal liability of our employees, vicarious agents, legal
representatives and organs.
XI. right of cancellation
1. You have the right to revoke this contract within fourteen days
without giving reasons.
The time limit for revocation is fourteen days from the day on which
you or a third party appointed by you who is not the carrier took or
has taken possession of the goods.
To exercise your right of cancellation, you must inform us
(Weekview, Schatzbogen 60, 81829 Munich, Tel.: +49 89
506822, e-mail: firstname.lastname@example.org) by means of a clear declaration
(e.g. a letter, fax or e-mail sent by post) of your decision to cancel
this contract. You can use the model return form stored here, but
this is not mandatory. http://www.e-recht24.de/downloads/
In order to comply with the cancellation period, it is sufficient that
you send the notice of the exercise of the cancellation right before
the expiry of the cancellation period.
Consequences of the cancellation
If you cancel this Agreement, we will refund all payments we have
received from you, including delivery costs (except for the additional
costs resulting from your choosing a delivery method other than the
cheapest standard delivery offered by us), immediately and at the
latest within 14 days from the day we receive notice of your
cancellation of this Agreement. We will use the same means of
payment for this refund as you used for the original transaction,
unless expressly agreed otherwise with you; in no event will you be
charged any fees for this refund. We may refuse to refund until we
have received the goods back or until you can prove that you have
returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in
any case at the latest within fourteen days from the day on which
you inform us of the revocation of this contract. The deadline is met
if you dispatch the goods before the expiry of the fourteen-day
deadline. You bear the direct costs of returning the goods. They
shall only be liable for any loss in value of the goods if such loss in
value is due to handling of the goods which is not necessary for
checking the nature, properties and functioning of the goods.
XII Place of performance, place of jurisdiction and legal system
1. The place of fulfilment for delivery or service and payment shall
be Munich. The place of performance Munich shall also apply to
2. For contracts with merchants, legal entities under public law and
special funds under public law, Munich is agreed as the place of
jurisdiction, but with the proviso that we are also entitled to sue
at the location of the purchaser's registered office or a branch
3. If the purchaser does not have a general place of jurisdiction in
Germany at the time of conclusion of the contract or if he
transfers his registered office abroad after conclusion of the
contract, our place of business (Germany) shall be the place of
4. The law of the Federal Republic of Germany shall apply. The
United Nations Convention on Contracts for the International
Sale of Goods (CISG) shall not apply.