General terms and conditions for companies
1. Scope of application
(1) These terms and conditions shall apply to the contracts concluded between you and us, Viessmann Modelltechnik GmbH, Bahnhofstr. 2a, 35116 Hatzfeld-Reddighausen, represented by the managing director Wieland Viessmann, via this online shop, unless expressly agreed otherwise in a written agreement between you and us. Deviating or conflicting terms and conditions will not be recognised by us unless we have expressly agreed to them.
(2) You will be notified of any amendments to these terms and conditions in writing, by fax or by e-mail. If you do not object to an amendment within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted by you. You will be informed separately of the right to object and the legal consequences of silence in the event of an amendment to the terms and conditions.
2. Registration as a user
(1) Your registration to our trading system is free of charge. There is no entitlement to admission to our trading system. Only persons with unlimited legal capacity are entitled to participate. At our request, you must send us a copy of your identity card or state your VAT ID number and document your registration. The data required for registration must be provided by you completely and truthfully. When registering, you choose a password. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(2) Apart from declaring your agreement with the validity of these General Terms and Conditions, your registration is not associated with any obligations. You can delete your entry at any time under "My Account". Simply by registering with us, you are under no obligation whatsoever to purchase any of the goods offered by us.
(3) If your personal details change, you are responsible for updating them yourself. All changes must be notified to us in writing by e-mail, fax or letter.
3. Notes on data processing
(1) In accordance with Art. 6 Para. 1 lit. b GDPR, we collect and process personal data for the execution of a contract and when opening a customer account. Which data is collected can be seen from the respective input forms. Deletion of the customer account is possible at any time and can be done by sending us a message. We store and use the data provided for the purpose of processing the contract. After complete processing of the contract or deletion of the customer account, the data will be blocked with regard to tax and commercial law retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of the data or we have reserved the right to legally permitted further use of the data.
(2) In order to process your order, we work together with service providers who support us in whole or in part in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information. For example, the personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the scope of payment processing, insofar as this is necessary for payment processing. The legal basis for the transfer of data is Art. 6 Para. 1 lit. b GDPR.
(3) If you register for our e-mail newsletter, we will regularly send you information about our offers. By registering, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a GDPR. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data collected by us when you register for the newsletter is used exclusively for the purpose of addressing you in an advertising manner by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data in a way that goes beyond this, which is permitted by law and about which we inform you in this declaration.
(4) If you have provided us with your e-mail address when purchasing goods, we reserve the right to regularly send you offers by e-mail for similar goods or services to those already purchased from our range. In accordance with Section 7 (3) of the German Unfair Competition Act (UWG), we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 para. 1 lit. f GDPR. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying us.
4. Conclusion of contract, contract language
(1) The presentation of the goods in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking the "Order subject to payment" button in the last step of the ordering process, you make a binding offer to purchase or book the goods displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by means of a separate e-mail or dispatch the goods. Please check the SPAM folder of your e-mail inbox regularly.
(3) You can select goods for purchase in our online shop by placing them in a shopping basket by clicking on the corresponding button. If you want to complete the order, go to the shopping cart where you will be guided through the rest of the ordering process. After selecting the items in the shopping basket and entering all the necessary order and address data in the following step, clicking the "Continue" button will open a page in which the essential item details, including any costs incurred, are summarised once again. Up to this point you can correct your entries or refrain from declaring the contract. Only by subsequently pressing the button "Order subject to payment" is a binding offer made within the meaning of paragraph 2.
(4) The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. In the event of contradictions between the German text and the translation, the German text shall take precedence.
5. Correction notice
As part of the ordering process, you first place the desired goods in the shopping basket. There you can change the desired number of items at any time or remove selected goods or services completely. If you have placed goods or services in the shopping basket, clicking on the "Continue" buttons will take you to a page where you can enter your data. Finally, an overview page will open where you can check your entries. You can correct your input errors (e.g. regarding data or the desired number of items) by clicking on "Edit" in the respective field. If you wish to cancel the ordering process completely, you can simply close your browser window. Otherwise, after clicking the confirmation button "Order with obligation to pay", your declaration becomes binding in the sense of point 4, paragraph 2 of these General Terms and Conditions.
6. Storage of the contract text
The contractual provisions with details of the ordered goods including these General Terms and Conditions and the cancellation policy will be sent to you by e-mail with the acceptance of the contractual offer or with the notification thereof. We do not store the terms and conditions of the contract.
7. Terms of payment
The purchase price is due immediately with the order. The terms of payment agreed individually with you shall apply. Payment of the goods shall be made by bank transfer or via our payment service providers.
In the case of payments via third parties, in particular within the framework of del credere agreements, the goods shall only be deemed to have been paid for when the payment has been received by us ourselves. If several invoices are outstanding, payments on interest due shall then be set off against the older invoice in each case. Cash discounts are inadmissible.
In the absence of other agreements, delivery to European countries shall be made via "cash against documents", without any deduction (net - net), to overseas countries - only against advance payment or letter of credit in accordance with pro forma invoice without any deduction (net - net).
8. Retention of title
(1) The goods remain our property until payment has been made in full. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.
(2) You are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, you hereby assign to us all claims arising from such resale, irrespective of whether such resale takes place before or after any processing of the goods delivered under retention of title, to the amount of the invoice value of our claim. Irrespective of our authority to collect the claim ourselves, you shall remain authorised to collect the claim even after the assignment. We already accept this assignment now. In this context, we undertake not to collect the claim ourselves as long as and insofar as you meet your payment obligations, no application has been made to open insolvency or similar proceedings against your assets and there is no cessation of payments. Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, we are obliged to release the securities at our discretion upon your request. The extended retention of title shall apply until full payment has been made.
9. Terms of delivery
(1) We shall deliver the goods in accordance with the agreements made with you. Any shipping costs incurred shall be agreed individually and shall be shown separately by us on the invoice. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(2) Insofar as we do not deliver the goods or do not deliver the goods in accordance with the contract, you must grant us a grace period of 2 weeks to effect the performance. Otherwise you are not entitled to withdraw from the contract.
10. Warranty for the purchase of goods
(1) Insofar as the delivered goods are defective, you are entitled within the framework of the statutory provisions to demand subsequent performance in the form of rectification of the defect or delivery of a defect-free item. We shall have the right to choose the type of subsequent performance. If the supplementary performance fails, you are entitled to reduce the purchase price or to withdraw from the contract if the legal requirements are met. A prerequisite for any warranty rights is that you properly fulfil all inspection and complaint obligations owed in accordance with § 377 of the German Commercial Code (HGB).
(2) The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods.
11. Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and the observance of which you as the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
12. Final provisions
(1) Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) Place of performance is Hatzfeld-Reddighausen. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Frankenberg/Eder.
(4) Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.