Terms & Conditions
General Terms and Conditions of weekview
This English translation is provided for convenience only. In the event of any discrepancy, the German version (AGB) shall prevail.
I. Scope
1. All our deliveries and services are provided exclusively on the basis of these General Terms and Conditions. We do not accept any conflicting or deviating terms, 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 carry out the delivery to the buyer without reservation while being aware of conflicting or deviating terms of the buyer.
2. Our General Terms and Conditions apply only 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. Offer – Offer Documents
1. If the buyer's order qualifies as a contractual offer pursuant to Section 145 of the German Civil Code (BGB), we may accept it within two weeks.
2. We reserve ownership and copyright in illustrations, drawings, calculations and other documents; they may not be made accessible to third parties. This applies in particular to written documents 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 offers in our online shop are non-binding. If the buyer orders in our online shop, a contract between the buyer and us is concluded as follows: The buyer may select freely from the range of our online shop and add items to the shopping cart. The buyer may change the contents of the cart or empty it in whole or in part. Before placing the order, the buyer is informed that these General Terms and Conditions apply and can only continue the ordering process after confirming these General Terms and Conditions. By placing the order, the buyer submits a binding contractual offer to us regarding the goods contained in the cart. We are entitled to accept this contractual offer within two weeks. Acceptance may be declared by delivering the goods or by otherwise declaring to the buyer that we accept the order. The contract is concluded upon acceptance.
IV. Prices – Terms of Payment
1. Unless expressly agreed otherwise, our deliveries and services are provided at the prices of our price list valid at the time the contract is concluded.
2. For goods and services whose delivery or performance takes place, with the buyer's consent, later than four months after conclusion of the contract, we reserve the right to adjust prices up to the level of our list prices valid on the day of dispatch or performance.
3. The agreed prices are ex warehouse Munich plus shipping costs (packaging, freight, etc.) and the value added tax applicable on the day of delivery or other performance. Shipping is at our discretion. DHL is used preferentially.
4. Payments are to be made strictly gross without cash discounts or other deductions.
5. The buyer shall cooperate in ensuring that a sufficient credit limit is available at all times. This includes, among other things, providing the necessary information to our credit insurer. If the credit line is insufficient, the buyer shall provide additional security, such as guarantees.
6. If the buyer's financial situation deteriorates in a way that gives rise to doubts about creditworthiness or willingness to pay – in particular in the event of protested bills of exchange or cheques, default in payment, arrears from other deliveries or slow payment – we are entitled, without prejudice to our other rights, to demand advance payment or security, to withhold our services until advance payment or security has been provided and, if no advance payment or security is provided, to withdraw from the contract in whole or in part. In any case, all our claims arising from the contractual relationship become due immediately.
7. The buyer is entitled to set-off only if the counterclaims have been finally established by a court, are undisputed or have been acknowledged by us. In addition, the buyer is entitled to exercise a right of retention only insofar as the counterclaim is based on the same contractual relationship.
V. Delivery Time
Note: The delivery time generally refers to the period between the order and the arrival of the goods at the customer.
1. The delivery time stated by us begins only once all technical and professional questions have been clarified.
2. In the event of force majeure and other unforeseeable, extraordinary circumstances for which we are not responsible – e.g. operational disruptions due to fire, water and similar circumstances, failure of production facilities and machines, strikes and lockouts, official intervention, shortages of labour, materials, energy, transport, etc., including where they occur at our suppliers – the delivery period is extended by a reasonable time if we are prevented by these circumstances from fulfilling our obligations on time.
3. Compliance with our delivery or performance obligation requires the timely and proper fulfilment of the buyer's obligations.
VI. Transfer of Risk
1. We are entitled to make partial deliveries insofar as this is reasonable for the buyer.
VII. Retention of Title
1. We retain title to the purchased goods until receipt of all payments under the supply contract. In the event of conduct by the buyer in breach of contract, in particular default in payment, we are entitled to take back the purchased goods. Taking back the purchased goods does not constitute withdrawal from the contract unless we have expressly declared this in writing. Attachment of the purchased goods by us always constitutes withdrawal from the contract. After taking back the purchased goods, we are entitled to realise them; the proceeds of realisation are to be credited against the buyer's liabilities, less reasonable realisation costs.
2. The buyer is obliged to treat the purchased goods with care; in particular, the buyer is obliged to insure them adequately at their own expense against fire, water and theft damage at replacement value.
3. In the event of attachment or other intervention by third parties, the buyer must notify us immediately in writing so that we can bring an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, the buyer is liable for the loss incurred by us.
4. The buyer is entitled to resell the purchased goods in the ordinary course of business; however, the buyer hereby assigns to us all claims in the amount of the final invoice amount agreed with us (including VAT) that accrue to the buyer from the resale against its customers or third parties, irrespective of whether the purchased goods have 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. However, we undertake not to collect the claim as long as the buyer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been filed for the opening of insolvency or composition proceedings and no suspension of payments has occurred. If this is the case, however, we may demand that the buyer inform us of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and notify the debtors (third parties) of the assignment.
5. Any processing or transformation of the purchased goods by the buyer is always carried out on our behalf. The buyer's expectant right to the purchased goods continues in the transformed item. If the purchased goods are processed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased goods to the other processed items at the time of processing. In all other respects, the same applies to the item created by processing as to the purchased goods delivered under reservation.
6. If the purchased goods are inseparably mixed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased goods to the other mixed items at the time of mixing. If the mixing takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers proportional co-ownership to us. The buyer holds the resulting sole ownership or co-ownership in safekeeping for us.
7. The buyer also assigns to us, as security for our claims against the buyer, the claims that accrue against a third party through the combination of the purchased goods with real property.
8. We undertake to release the securities to which we are entitled at the buyer's request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10 %; the selection of the securities to be released is at our discretion.
VIII. Material Defects
1. The buyer's rights in respect of defects require that the buyer has properly complied with its obligations to inspect the goods and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
2. If defects occur, 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 (replacement delivery). The buyer may, within a reasonable period, demand a type of subsequent performance other than that chosen by us if the type of subsequent performance chosen by us is unreasonable for the buyer. Our rights under Sections 439 (3), 275 (2) and (3) BGB remain unaffected.
3. If the buyer sets us a reasonable deadline for subsequent performance and subsequent performance fails within this period, the buyer is entitled to the further rights of reducing the price or, at the buyer's option, withdrawing from the contract and, in addition, insofar as we are responsible for the defect, within the scope of the agreed limitations of liability, to claims for damages in lieu of performance or for reimbursement of futile expenses within the meaning of Section 284 BGB. However, the buyer is entitled to withdraw from the contract and to claim damages in lieu of the entire performance only in the case of significant defects. Setting a grace period, declaring withdrawal and asserting damages in lieu of performance must be made in writing to be effective. The buyer need not set a deadline in the cases stipulated by law in Sections 281 (2), 323 (2) and 440 BGB.
4. After the fruitless expiry of a deadline set for subsequent performance pursuant to paragraph 3 above, the buyer must declare to us in writing within a reasonable period whether it continues to demand subsequent performance or whether it asserts the further rights referred to in paragraph 3, sentence 1.
5. If a fault analysis in connection with defects reported by the buyer reveals that the buyer has no claims or rights in respect of 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 recognised, or negligently failed to recognise, that there was no defect and that the cause of the fault complained of lies within the buyer's own sphere of responsibility.
6. We are not liable if the purchased items have been processed or modified by the buyer or by third parties commissioned by the buyer, unless the buyer proves that the defects that have occurred are not attributable to this.
7. The buyer's claims based on a defect become time-barred after six (6) months. The period begins upon delivery. In the case of intentional or grossly negligent breaches of duty, fraudulent concealment of a defect, third-party claims in rem for surrender within the meaning of Section 438 (1) No. 1 BGB, claims under the German Product Liability Act and the assumption of a guarantee of quality, the statutory provisions on limitation apply; in the case of a guarantee, however, this applies only insofar as the respective guarantee agreement does not provide otherwise.
IX. Defects of Title
1. The statutory provisions apply to the buyer's rights and claims in the event of defects of title, unless otherwise provided in the following provisions of this Section IX and in Section X.
2. A defect of title exists if the buyer is not effectively granted the rights required for the contractual use of the purchased items.
3. If a third party asserts against the buyer that the purchased items infringe intellectual property rights, the buyer shall (i) notify 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 take procedural steps only with our consent, and (iii) provide us with all reasonable support and furnish us with the necessary information and documents available to the buyer as well as the necessary powers of attorney.
4. In the event that the purchased items infringe the rights of third parties, we shall, at our discretion, provide subsequent performance by (i) modifying the purchased items so that they no longer infringe, while providing equivalent performance and preserving the contractual scope of functions for the buyer, or (ii) acquiring for the buyer a right of use sufficient for the purposes of the contract to continue using the purchased items, or (iii) replacing the purchased items with other items that are equivalent for the buyer with regard to the agreed quality of the purchased items, provide equivalent performance and do not result in significant disadvantages for the buyer, or (iv) delivering new items whose contractual use does not infringe third-party rights, which contain the same scope of functions as the previous items and whose acceptance is reasonable for the buyer and does not lead to significant disadvantages for the buyer.
5. In all other respects, the provisions on material defects in Section VIII, paragraphs 1–7, apply accordingly to defects of title.
X. Limitations of Liability
1. Unless an individual agreement is made, we are liable – irrespective of the legal basis – for claims for damages or claims for reimbursement of futile expenses within the meaning of Section 284 BGB in accordance with the following provisions in paragraphs 2 to 6.
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, and for damages falling within the scope of protection of a guarantee, quality or durability guarantee given by the provider, unless the respective guarantee agreement provides otherwise.
3. For damages other than those referred to in paragraph 2 that are based on a slightly negligent breach of essential contractual obligations (cardinal obligations), our liability is limited to compensation for the foreseeable damage typical of the contract. Essential contractual obligations within the meaning of sentence 1 are obligations whose breach jeopardises the achievement of the purpose of the contract, whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose compliance the buyer regularly relies.
4. In all other respects, any further liability for damages other than those referred to in paragraph 2 that are based on a slightly negligent breach of obligations other than those referred to in paragraph 3 is excluded.
5. Liability under the German 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 corporate bodies.
XI. Cancellation Policy (Right of Withdrawal)
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
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, take possession of the goods. To exercise your right of withdrawal, you must inform us (weekview e.K., Schatzbogen 60, 81829 Munich, Germany, phone: +49 89 90157771, e-mail: service@weekview.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have 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 standard delivery offered by us), without undue delay and no later than 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 case will you be charged any fees for this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer's personal needs.
- Contracts for the supply of goods that can spoil quickly or whose expiry date would quickly be exceeded.
- Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
- Contracts for the supply of goods that, after delivery, have been inseparably mixed with other goods due to their nature.
- Contracts for the supply of alcoholic beverages whose price was agreed upon conclusion of the contract but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no control.
- Contracts for the supply of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
- Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
Cancellation policy for digital content
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 of conclusion of the contract. To exercise your right of withdrawal, you must inform us (weekview e.K., Schatzbogen 60, D-81829 Munich, Germany, phone: +49 89 90157771, e-mail: service@weekview.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). To meet the withdrawal deadline, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period expires. Consequences of withdrawal: If you withdraw from this contract, we shall reimburse you all payments we have 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 standard delivery offered by us), without undue delay and no later than 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 case will you be charged any fees for this reimbursement.
XII. Place of Performance, Jurisdiction and Governing Law
1. Munich is agreed as the place of performance for delivery or service and payment. The place of performance Munich also applies to subsequent performance.
2. For contracts with merchants, legal persons under public law and special funds under public law, Munich is agreed as the place of jurisdiction, provided, however, that we are also entitled to bring an action at the buyer's registered office or a branch of the buyer.
3. If the buyer has no general place of jurisdiction in Germany at the time the contract is concluded, or if the buyer relocates its registered office abroad after conclusion of the contract, our registered office (Germany) is the place of jurisdiction.
4. The law of the Federal Republic of Germany applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board. The competent body is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.