ALLGEMEINE VERKAUFSBEDINGUNGEN
1. General 1.1. These Terms and Conditions of Sale ("Terms") apply to all sales of products ("Products") by W.E.S.T.I.N.G GmbH ("Seller") to the buyer ("Customer"). 1.2. By placing an order, the Customer agrees to be bound by these Terms, unless otherwise agreed upon in writing by both parties. 1.3. Any terms and conditions submitted by the Customer that differ from these Terms are expressly rejected unless accepted in writing by the Seller.
2. Orders 2.1. All orders are subject to acceptance by the Seller. 2.2. The Seller reserves the right to accept or reject any order at its discretion. 2.3. Once an order is accepted, a contract is formed between the Seller and the Customer, governed by these Terms.
3. Prices and Payment 3.1. Prices for Products are as listed on the Seller's website or as otherwise communicated in writing. 3.2. Prices are subject to change without notice, but orders placed before such changes will be honored at the price in effect at the time of order. 3.3. All payments must be made in the currency specified on the invoice and must be received in full before shipment unless other payment terms have been agreed upon in writing. 3.4. The Seller may suspend delivery of Products if any payment is overdue.
4. Delivery 4.1. The Seller will make reasonable efforts to deliver Products within the time frame agreed upon. However, delivery dates are approximate and not guaranteed. 4.2. The risk of loss or damage to Products passes to the Customer upon delivery to the carrier. 4.3. Any claims for shortages or damages must be reported to the Seller within 7 days of receipt of the Products.
5. Returns and Refunds 5.1. Products may be returned only with the prior written consent of the Seller and in accordance with the Seller's return policy. 5.2. Custom-made Products, special orders, or non-standard items are non-returnable and non-refundable. 5.3. Approved returns must be shipped prepaid and are subject to a restocking fee as specified by the Seller.
6. Warranty 6.1. The Seller warrants that the Products will be free from defects in material and workmanship under normal use for a period specified by the Seller from the date of delivery. 6.2. The Seller's liability under this warranty is limited to the repair or replacement of defective Products, or at the Seller's discretion, the refund of the purchase price. 6.3. This warranty does not cover damage caused by misuse, neglect, accident, or unauthorized modification of the Products.
7. Limitation of Liability 7.1. To the maximum extent permitted by law, the Seller's liability for any claim arising out of or related to these Terms or the sale of Products shall be limited to the amount paid by the Customer for the Products. 7.2. In no event shall the Seller be liable for any indirect, special, incidental, or consequential damages arising out of or in connection with the sale or use of the Products.
8. Compliance with Laws 8.1. The Customer agrees to comply with all applicable laws and regulations, including but not limited to import/export control laws, in relation to the purchase and use of the Products.
9. Force Majeure 9.1. The Seller shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or supply chain disruptions.
10. Governing Law and Jurisdiction 10.1. These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. 10.2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [City], Germany.
11. Severability 11.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Amendments 12.1. The Seller reserves the right to amend these Terms at any time. Any such amendments will be effective immediately upon posting on the Seller's website or by notification to the Customer.
Customer Acknowledgement:
By proceeding with the payment, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions of Sale.