General Terms and Conditions
§ 1 Scope, customer information
The following terms and conditions govern the contractual relationship between Whitechart GmbH (haftungsbeschränkt) and entrepreneurs who buy goods through our store. Contradictory or from our terms and conditions deviating conditions are not recognized by us. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.
(2) After entering your data and clicking the order button, you submit a binding offer to conclude a purchase contract. However, you can also place a binding order by telephone or fax. The confirmation of receipt of your order, which is sent immediately by e-mail or fax, does not constitute acceptance of the purchase offer.
(3) We are entitled to accept your offer within 2 working days by sending an order confirmation by e-mail. After the fruitless expiry of the period referred to in sentence 1, your offer shall be deemed to have been rejected, i.e. you shall no longer be bound by your offer. In the case of an order by telephone, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.
§ 3 Customer information: Storage of your order data
Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. We will send you the GTC, but you can also access the GTC at any time after the conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer login area (My Account), provided you have created a customer account.
§ 4 Customer information: Correction notice
You can correct your entries at any time before submitting the order by pressing the delete button. We will inform you about further correction options on the way through the order process. You can also exit the ordering process completely at any time by closing the browser window.
§ 5 Retention of title
The object of purchase remains our property until full payment.
§ 6 Limitation of your warranty claims
Your warranty claims due to defects in the purchased item are subject to a limitation period of one year from the transfer of risk. Excluded from this provision are claims for damages, claims due to defects that we fraudulently concealed, and claims arising from a guarantee that we have assumed for the condition of the item. Also excluded is your right of recourse according to § 478 BGB. The statutory limitation periods shall apply to these excluded claims.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damage arising from injury to life, limb or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 8 Place of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.