General Terms and Conditions (GTC) for entrepreneurs (B2B)
1. Scope of application
(1) These terms and conditions 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 otherwise expressly agreed in writing between you and us. Deviating or conflicting conditions are not recognised by us unless we have expressly agreed to them.
(2) You will be notified of changes 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 recognised by you. You will be informed separately of your right of objection and the legal consequences of remaining silent in the event of changes to the terms and conditions.
2. Registration as a user
(1) Your registration for our trading system is free of charge. There is no entitlement to admission to our trading system. Only persons with unlimited legal capacity are authorised 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. You must provide the data required for registration completely and truthfully. When you register, 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 the declaration of 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". Your registration with us does not constitute any obligation to purchase the goods offered by us.
(3) If your personal details change, you are responsible for updating them yourself. All changes must be communicated 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 fulfilment of a contract and when opening a customer account. Which data is collected can be seen from the respective input forms. The customer account can be deleted at any time by sending us a message. We store and use the data provided to process the contract. After completion 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 these periods have expired, unless further use of the data has been expressly consented to or we have reserved the right to further use of the data as permitted by law.
(2) In order to process your order, we work together with service providers who support us in whole or in part in the fulfilment of concluded contracts. Certain personal data is transmitted 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 subscribe to our e-mail newsletter, we will send you regular information about our offers. By registering, you give us your consent to use 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 the 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 will be used exclusively for the purpose of advertising by means 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 controller named at the beginning. Once you have cancelled your subscription, your e-mail address will be deleted from our newsletter mailing list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data 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 for similar goods or services, such as those already purchased, from our range by e-mail. In accordance with Section 7 (3) UWG, we do not need to obtain separate consent from you for this. In this respect, 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 email 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 on the "Order with obligation to pay" button in the last step of the ordering process, you submit 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, but this does not constitute 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 wish to complete the order, go to the shopping basket, 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 details in the next step, clicking on the "Continue" button opens a page on which the main item details, including any costs incurred, are summarised again. Up to this point, you can correct your entries or withdraw from the contract declaration. A binding offer within the meaning of paragraph 2 is only submitted when you then click on the "Order with obligation to pay" button.
(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 note
As part of the ordering process, you first place the desired goods in the shopping basket. There you can change the desired quantity 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 details. Finally, an overview page will open where you can check your details. You can correct your input errors (e.g. regarding data or the desired quantity) by clicking on "Edit" in the respective field. If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking on the confirmation button "Order with obligation to pay", your declaration becomes binding within the meaning of point 4 (2) of these GTC.
6. Storage of the contract text
The contractual provisions with details of the goods ordered, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail upon acceptance of the contract offer or upon notification thereof. We do not store the contractual provisions.
7. Terms of payment
The purchase price is due immediately upon ordering. The terms of payment agreed individually with you shall apply. Payment for the goods is 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. If several invoices are outstanding, payments on interest due shall then be offset against the older invoice in each case. Cash discount deductions are not permitted.
Unless otherwise agreed, deliveries to European countries shall be made "cash against documents", without any deduction (net - net), to overseas countries - only against advance payment or letter of credit according to pro forma invoice without any deduction (net - net).
8. Retention of title
(1) The goods remain our property until full payment has been made. 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 authorised 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 a resale in the amount of the invoice value of our claim, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. We hereby accept this assignment. Irrespective of our authority to collect the claim ourselves, you remain authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim ourselves as long as and insofar as you fulfil your payment obligations, no application for the opening of insolvency or similar proceedings against your assets has been filed and there is no suspension 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 of our choice at your request. The extended retention of title shall apply until full payment has been made.
9. Terms of delivery
(1) We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred will be agreed individually and will be shown separately on the invoice. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(2) If we do not deliver the goods or do not deliver them in accordance with the contract, you must set us a grace period of 2 weeks to fulfil the service. Otherwise you are not entitled to withdraw from the contract.
10. Warranty for the purchase of goods
(1) If the delivered goods are defective, you are entitled within the framework of the statutory provisions to demand subsequent fulfilment in the form of rectification of the defect or delivery of a defect-free item. We are entitled to choose the type of subsequent fulfilment. If the subsequent fulfilment fails, you are entitled to reduce the purchase price or to withdraw from the contract if the legal requirements are met. The prerequisite for any warranty rights is that you properly fulfil all inspection and complaint obligations owed in accordance with § 377 HGB (German Commercial Code).
(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 shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
12. Final provisions
(1) Amendments 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) The place of fulfilment 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 invalid provision shall be replaced by the contracting parties by mutual agreement by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.
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Service form
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