Terms and Conditions Fa. Wir´s Best Ltd.

§ 1 General – Scope of application
Our General Terms and Conditions of Sale shall be valid and applicable exclusively; any other terms and conditions of sale to the contrary or in deviation of these terms brought forward by the buyer shall not be acknowledged by us unless the validity of such has been expressly agreed upon by us in writing.

§ 2 Conclusion of contract
The products and services shown on the internet on the website of the company Wir´s Best Ltd do not constitute a binding offer; they rather are an invitation to the customer to make a binding offer. The conclusion of contract shall become effective only upon acceptance by the seller.

§ 3 Object of contract
The features established in the specifications on the website of the company Wir’s Best Ltd shall determine the characteristics of the delivery item comprisingly and finally.

§ 4 Prices and terms of payment, set-off
(1) All prices are understood including the statutory sales tax. The agreed sales price shall be due immediately upon conclusion of contract. 5 days after the due date, and without the requirement of any further statements to be made by the seller, the buyer will be in default of payment, unless he/she has paid before.
(2) The buyer is entitled to offset only such claims which have become legally final and absolute, which are uncontested or which have been acknowledged by us.

§ 5 Place of rendering service, place of performance
(2) The contractual place of rendering service and the place of performance for both contract partners shall be, as far as the buyer is a merchant within the sense of the German Commercial Code, the seller’s registered offices in Hofheim.
(2) This is a mail order purchase transaction. The buyer shall bear the shipping costs from the place of the seller’s registered offices, unless such costs exceed a reasonable proportion compared to the value of the delivery item.

§ 3 Reservation of seller’s rights of non-delivery
The seller does not assume any risk of procurement. He/she is entitled to withdraw from the contract if he/she – in spite of having concluded a corresponding purchasing agreement on his/her part – does not obtain the delivery item; the seller’s responsibility for wrongful intent or negligence shall remain unaffected. The seller will inform the buyer immediately whenever the delivery item will not be available on time, and, if he/she wants to withdraw from the contract, exercise such right of withdrawal immediately; in case of a withdrawal, the seller will reimburse the buyer with the respective fair consideration.

§ 4 Written form
No verbal ancillary agreements shall be made. Any amendment to the contractual provisions shall be made in writing. This is also applicable for the elimination of the written form. The seller’s legally authorised representatives shall have no power of representation whatsoever as far as verbal ancillary agreements are concerned.

§ 5 Data privacy protection
All data and information exchanged within the framework of this agreement will be treated confidentially. The buyer hereby expressly accepts the processing, storage and use of his/her data, as far as such is necessary for the implementation of this contract.

§ 6 Liability, follow-up performance
(1) The seller shall be liable in cases of wrongful intent or of gross negligence on the part of the seller or one of his representatives or assistants according to the statutory provisions. Beyond that, the seller shall be liable only pursuant to Product Liability Law, for injury of life, of body or of health, [or] for the culpable infringement of substantial contractual obligations, or if the seller has concealed the defect with the intent to deceive or if he/she has assumed a warranty for the quality of the delivery item. The right to claim compensation for damage for the infringement of substantial contractual obligations, however, shall be limited to the foreseeable damage typically covered by contracts, unless, at the same time, another case of strict liability according to clause 1 or 2 has occurred.
(2) The provisions of the above paragraph 1 shall apply for all claims for damages (in particular for compensation for damage in addition to performance and compensation for damage instead of performance), no matter for what legal reason, in particular for defects, the infringement of obligations arising from the contractual obligations, or for an illicit act. It is also applicable for the entitlement to [receive] compensation for futile expenses. The liability for undue delay, however, shall be based on § 8, the liability for impossibility on § 9.
(3) A change [in the allocation] of the burden of proof to the disadvantage of the buyer shall not be linked to the provisions above.

§ 7 Defects, warranty
(1) The seller shall not be responsible for quality defects of the delivery which he has received from third parties and which he passes without any change to the purchaser; the seller’s responsibility for wrongful intent or negligence shall remain unaffected hereby.
(2) If the seller wants to opt for rendering compensation for damage rather than fulfilling the performance, in this respect, a failure of follow-up rectification of defects shall be the case no sooner than after the second futile attempt. The statutory cases of dispensability of fixing a time-limit shall otherwise remain unaffected.

§ 8 Liability for undue delay
(1) If the non-compliance of time limits is due to Force Majeure, e.g. mobilisation, war, uprising, or to similar events, e.g. strike or lockout, the agreed time-limits shall be sufficiently extended.
(2) The seller shall be liable for delays in the provision of performance in cases of wrongful intent or gross negligence by the seller or one of his representatives or assistants according to the statutory regulations. In other cases of delays in the provision of performance, the seller’s liability for compensation for damage in addition to performance shall be limited to 5 % and, for compensation for damage instead of performance, to the value of that part of consignment which has been affected by the delay. All further claims by the buyer shall be excluded – also claims following the expiration of any possibly time-limit set to the seller for the provision of performance. The above limitation shall not be valid in cases of liability for injury of life, of the body or of health. A change [in the allocation] of the burden of proof to the disadvantage of the buyer shall not be linked to the provisions above.

§ 9 Liability in case of impossibility
If the delivery is not possible, the buyer shall be entitled to claim compensation for damage according to the statutory provisions. However, the buyer’s entitlement is limited to compensation for damage in addition to or instead of the performance and to the restitution of futile expenses to 10% of the value of such part of the delivery that cannot be used due to impossibility. Any other claims by the buyer for impossibility of delivery shall be excluded. This limitation shall not be valid, if liability is applicable in cases of wrongful intent, of gross negligence or for injury of life, of the body or of health. The buyer’s right to withdraw from the contract shall remain unaffected. A change [in the allocation] of the burden of proof to the disadvantage of the buyer shall not be linked to the provisions above.

§ 10 Withdrawal from contract by the buyer
Within the framework of the statutory provisions, the buyer is entitled to withdraw from the contract only if the seller is responsible for the infringement of obligations. In cases of infringements of obligations, the buyer has to state – within a reasonable time-limit and after prior request by the seller -, whether he/she wants to withdraw from the contract because of the infringement of obligations or if he/she insists on delivery. In the case of defects, however, the statutory provisions shall apply.

§ 11 Rights of retention and costs for withdrawal by the seller
(1) The seller shall be entitled to refuse to render the performance he has to fulfil on his part – until the purchase price has been paid in full.
(2) The object of purchase shall remain the seller’s property until the purchase price has been paid in full.
(3) In order to implement withdrawal after a time limit had been fixed before in vain, the seller shall be entitled to charge a handling fee of 35 € which shall be due immediately after receipt of the declaration of withdrawal. Any assertion of a damage claim shall remain unaffected hereby.

§ 12. Statutory limitation
(1) If a delivery item is a used object, the time of statutory limitation for damage claims for defects – no matter for what legal reason – shall be six months, and one year for all other claims and rights arising from defects. If the delivery item is a new object or an object which has to be newly produced, the time of statutory limitation for damage claims arising from defects – no matter for what legal reason – shall be one year.
(2) The statutory time limits applicable for damage claims according to paragraph 1 shall be valid also for any other damage claims against the seller, irrespective of their legal basis. They shall also apply if the claims are not connected to a defect.
(3) The statutory time-limits mentioned above shall apply as follows:
a) The statutory time limits shall generally not apply in case of wrongful intent or if a defect has been concealed with the intent to deceive or if the seller has assumed a warranty for the quality of the delivery item.
b) Moreover, the statutory time limits shall not apply, if the delivery item is a building structure or an object which, according to its normal use, is used for a building and, as a result, causes the defectiveness of such (or, as far as it is about the right in rem by a third party, due to which the restitution of the delivery item may be demanded).
c) The statutory time-limits shall further not apply in cases of injury of life, of body or of health or freedom, in cases of claims according to Product Liability Law, for a grossly negligent infringement of obligations or in case of a culpable infringement of substantial contractual obligations.
(4) In all cases of damage claims, the statutory time-limit shall commence upon [the handing over of] delivery.
(5) If the term “damage claims” is mentioned in this provision, this shall also include compensation claims for futile expenses.
(6) Unless expressly determined otherwise, the statutory provisions on the commencement of the statutory time limit, the suspension of expiration, suspension and the beginning of new time limits shall remain unaffected.
(7) A change [in the allocation] of the burden of proof to the disadvantage of the buyer shall not be linked to the provisions above.

§ 13 Applicable law
All disputes arising from the above contract shall be governed solely by German law; UN purchasing law is hereby excluded. Art. 29 of EGBGB(Introductory Law to the German Civil Code) shall remain unaffected hereby.

§ 14 Separability clause
Should any individual provision of the above terms and conditions of contract be or become invalid, the validity of the remaining provisions shall not be affected hereby whatsoever.