General Terms and Conditions
General Terms and Conditions of Sale Der Weßner Hof Schmankerl-Truck
Scope of applicability
These terms and conditions apply to all purchases from Weßner Hof (https://www.wessnerhof.de/impressum) made by private customers.
Conclusion of contract
This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The presentation of our goods and the granting of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract. By placing your order, you accept the offer and the purchase contract is concluded. By placing their order, the buyer assures that they have read the General Terms and Conditions and agrees to them.
You will receive an order confirmation by e-mail to the e-mail address you provided.
Prices
The prices quoted are final prices including VAT. The amount shown at the time of the binding order shall apply. We reserve the right to make changes to prices and services, as well as errors.
Payment
Payment shall be made on delivery, the means of payment on collection shall be an EC card on site
Retention of title
The delivered goods remain the property of Weßner Hof until all claims against the customer arising from the purchase contract have been settled in full. The provider is not liable for damage to persons and property, including in connection with guests and third parties (e.g. accidents and theft).
Limitation to supplementary performance
In the case of a defective item, the purchaser may demand, at their discretion, the rectification of the defect or the delivery of a defect-free item as supplementary performance. Only if supplementary performance is unsuccessful, impossible or unreasonable can the buyer - secondarily - assert warranty rights: Withdrawal or reduction. Restrictions solely on supplementary performance are ineffective if the other party to the contract is deprived of the right to reduce the purchase price if supplementary performance fails.
(1) A product that is already defective upon delivery will be replaced by a defect-free product if requested by the customer and at the expense of Weßner Hof. The customer will be advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the event of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the products having been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, moisture, fire).
(2) If the type of supplementary performance requested by the customer requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer - the customer's claim shall be limited to the respective other type of supplementary performance. The right of Weßner Hof to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
Applicable law
The contract concluded between you and Wessner Hof shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Allergens
Regarding allergens, the customer enquires thoroughly in advance and the staff will be happy to provide information. Despite strictly observed hygiene measures and care, the operator cannot rule out unintentional contamination one hundred percent.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [Josef Moritz, Weßner Hof, Pettendorf 11 83250 Marquartstein].
Protection of minors
Should goods be purchased that are subject to the rules on protection of minors, age verification will be carried out through appropriate measures to verify the identity and age of the buyer. The goods will only be handed over if the customer can prove that they are of age.
Dispute resolution
General information requirements for alternative dispute resolution in accordance with Art. 14 (1) of the EU Consumer ODR Regulation and § 36 VSBG (German Consumer Dispute Resolution Act): The European Commission provides an Online Dispute Resolution (ODR) platform which can be found at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
Data storage / data protection
The personal customer data required for order processing is stored and, of course, treated confidentially. The customer hereby expressly agrees to this.
Final provisions
Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.