Terms and Conditions
The General Terms and Conditions apply to all business relations with our customers.
The GTC only apply if the customer is an entrepreneur, a legal entity under public law or a special fund under public law. In principle, our offer is directed at dentists, dental technicians, dental laboratories, orthodontists and similar commercial service providers.
The GTC apply in their respective version – also for future contracts with the same customer – without our referring to them in each individual case. Deviating or supplementary terms and conditions of the customer shall only apply if and to the extent that we have expressly agreed to their validity in writing. This also applies if we have accepted the contract offer without reservation in the knowledge of the customer’s general terms and conditions.
Declarations which the customer must make to us after conclusion of the contract (e.g. setting of deadlines, notices of defects, declaration of withdrawal) must be made in writing to be effective. Unless directly amended or expressly excluded in these GTC, the statutory provisions shall apply.
Our offers are subject to change and non-binding. The customer’s order is a binding offer. With the order, the customer confirms that he/she will use the goods exclusively within the scope of his/her commercial activity. Acceptance can take place either by sending an order confirmation or by performance.
If the customer orders electronically, we will inform him automatically by e-mail about the receipt of his order. The order is listed again in the automatic e-mail. It does not constitute acceptance of the offer. In the event of inadvertently incorrect information about the product or the price, we reserve the right to contest the contract.
4. Prohibition of assignment
The customer may only assign claims arising from the contract with our prior written consent and only to the extent that our interests are not unreasonably impaired by the assignment.
5. Delivery time, right of withdrawal, delay in delivery
If we are unable to meet a binding delivery deadline for reasons for which we are not responsible, we shall inform the customer immediately of the expected new delivery deadline. If the goods are still not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part.
If the goods have already been paid for, we shall refund the purchase price. Any statutory provisions in our favour regarding rights of withdrawal and termination as well as the reversal of the contract in the event of exclusion of the obligation to perform (e.g. impossibility or unreasonableness of performance and/or subsequent performance) shall remain unaffected.
Delay in delivery requires a written reminder from the customer.
The goods shall be delivered from the registered office of Willmann & Pein GmbH. The place of performance for all obligations arising from the contractual relationship is Barmstedt.
We shall ship the goods to a place specified by the customer. When the goods are handed over to the transport company, the risk of accidental loss or destruction and accidental deterioration of the goods shall pass to the customer. We determine the mode of dispatch (e.g. transport company, shipping route, packaging).
At the customer’s request and against reimbursement of the additional costs, we will also carry out special shipping methods (e.g. express transport) or partial deliveries.
7. Default of acceptance
If our performance is delayed for reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage and any additional expenses (e.g. storage costs).
Our current prices at the time of the conclusion of the contract shall apply. When new offers appear on our website, the offers on the previous website become invalid. The prices include 19% VAT but no transport/shipping costs.
There is no minimum order value. For small orders under a total net goods price of €25.00, we charge a small-order surcharge of €3.90.
We grant the following discounts depending on the net order value (per order):
- 2% from € 400.00
- 3% from € 750.00
- 5% from 1000,00 €.
9. Terms of payment
Only two payment methods are possible with our online shop.
- Delivery on account, payment term 10 days without deduction.
- Direct debit: The order value of the goods is debited from the customer’s account when the goods are shipped
10. Right to refuse performance
We are entitled to refuse performance in accordance with § 321 of the German Civil Code (BGB) if the financial circumstances of the customer deteriorate significantly prior to conclusion of the contract and we only become aware of this after conclusion of the contract despite careful examination.
11. Product composition
Product illustrations in catalogues or other documents may deviate slightly from the product due to technical conditions.
12. Defect rights of the customer
The customer shall carefully inspect the goods immediately upon receipt. Obvious defects can only be notified in writing within seven days of receipt of the goods, other defects within seven days of discovery of the defect. Timely dispatch of the notification is sufficient to meet the deadline.
If a defect existed at the time of the transfer of risk, we may choose to remedy the defect (rectification) or to deliver a defect-free item (replacement).
The customer shall give us the time and opportunity required for subsequent performance, in particular to hand over the rejected goods for inspection purposes. If the customer’s request to remedy the defect turns out to be unjustified, we may demand reimbursement of the costs incurred.
If the supplementary performance has failed or has been delayed beyond a reasonable time or can be refused according to the statutory provisions, a reduction in the purchase price or, in the case of a not insignificant defect, withdrawal from the purchase contract is possible.
We do not assume any further warranties. In particular, we assume no guarantees and no liability for public statements by third parties.
13. Other liability
We shall be liable for damages in the event of intent – irrespective of the legal grounds.
In the event of gross negligence on the part of simple vicarious agents and in the event of simple negligence, we shall only be liable in the event of a breach of an essential contractual obligation, limited to compensation for the foreseeable, typically occurring damage. An essential contractual obligation is an obligation the fulfilment of which makes the achievement of the purpose pursued with the conclusion of the contract possible in the first place and the fulfilment of which the customer may regularly rely on.
The limitation of liability does not apply to damages resulting from injury to life, body or health. Furthermore, it does not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods or the customer has claims under the Product Liability Act.
Due to a breach of duty which has not led to a defect, the customer may only withdraw from or terminate the contract if we are responsible for the breach of duty. In all other respects, the statutory provisions shall apply.
Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
Claims of the customer due to material defects and defects of title shall become time-barred one year after receipt of the goods by the customer. Insofar as our suppliers grant us a longer warranty period, the limitation period for claims of the customer shall be extended accordingly.
The statutory limitation periods shall apply to claims under the Product Liability Act.
Guarantee periods since 1 January 2002
European Directive on Consumer Goods
In 1999, the European Parliament and the EU Council of Ministers agreed on a uniform minimum guarantee period of 2 years from 01.01.2002 in the so-called Consumer Goods Directive.
What is a sale of consumer goods?
A purchase of consumer goods occurs when a private person undertakes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity. This means that if a dentist purchases goods for personal use, this is a purchase of consumer goods. He acts as a non-merchant. Warranty period for consumer goods: 2 years
When is it a commercial purchase?
A commercial purchase exists if a merchant undertakes a legal transaction for a purpose that cannot be attributed to private purposes. I.e. if a dentist purchases goods for his practice, this is not considered a purchase of consumer goods, but a commercial purchase. He acts as a merchant. Warranty period for commercial purchase: 1 year. Various manufacturers already offer a guarantee above the legal requirement of 1 year.
15. Right of return
The customer may return consumables supplied by us within 14 days, stating the reason for return. The period begins with the receipt of the goods by the customer. The timely dispatch of the goods or the receipt of the notification by us shall be sufficient to comply with the time limit. The customer shall bear the costs of returning the goods, unless we have delivered goods other than those ordered or defective goods. He is obliged to return the goods in a parcel or package.
We will only take back unused and unopened goods in their original packaging that show no signs of use and are not labelled and/or labelled.
In the event of a return, we shall issue the customer with a credit note in the amount of the purchase price paid for the returned goods.
Reduced goods or goods procured at the customer’s request are excluded from the right of return. The same applies to goods on which discounts have been granted (e.g. for large quantities).
Information from the company Willmann & Pein GmbH
In case of return/exchange, the following points must be observed:
You can make use of your right of return/exchange if you do not like a delivered product.
- Return or exchange within 14 days
- If you are returning the goods, please pay sufficient postage on the parcel
- Please also return small items only in a parcel or small package
- To avoid queries, state the exact reason for the return
- Only return goods that are unopened, in their original packaging and not labelled by you
If you have ordered something incorrectly and wish to return the goods or request a new delivery, please send us the goods for credit.
16. Ownership, retention of title
We have the exclusive copyright to catalogues and other product descriptions, also in electronic form. The reprinting of our catalogues, including excerpts, as well as a link to our Internet offer and any other use of the Internet offer for own purposes, is only permitted with our prior written consent.
We shall remain the owner of the goods until complete fulfilment of our present and future claims arising from a contract and an ongoing business relationship.
If the customer acts in breach of contract, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods or to demand the assignment of any claims for return the customer may have against third parties. After taking back the goods, we shall be entitled to realise them. The proceeds of realisation shall be credited against the customer’s liabilities, less reasonable realisation costs.
The customer is informed that his name, address, bank details (if applicable) and other data required for the performance of the contract will be stored.
In order to ensure a smooth execution of each order, the customer is obliged to provide truthful information. In the event of a change in customer data, the changes must be notified to Willmann & Pein.
18. Applicable law
These GTC and all legal relations between us and the customer shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods.
19. Place of jurisdiction / place of performance
The courts with jurisdiction for Elmshorn shall have exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, we are also entitled to bring our claims against the customer at the customer’s general place of jurisdiction.
The place of performance for all services arising from the delivery contract is the registered office of Willmann & Pein GmbH.
- Content of the contract
Orders must be placed in writing.
Price quotations are subject to change; the conditions applicable at the time of the order are decisive.
Should the delivery take place later than three months after the order, the prices of the delivery date shall apply.
All prices are net prices, plus VAT and apply ex works Barmstedt. VAT and are ex works Barmstedt.
The goods shall be delivered from the registered office of W + P.
Calculation of the shipping costs shall be made with the invoice for the goods, unless the customer instructs his own carrier to collect the goods.
The goods are only covered within the scope of the generally valid transport insurance. Should a separate transport insurance be desired by the customer, this must be indicated prior to dispatch.
- Extension of the delivery time
In the event of force majeure, industrial action, official measures and such operational disruptions for which we are not responsible, an acceptance period shall be extended appropriately for the duration of the hindrance.
In the case of paragraph 1, the other party is entitled to withdraw from the contract if at least three weeks’ notice has been given by registered letter.
Claims for damages are excluded in the aforementioned cases.
The invoice shall be issued on the date of delivery of the goods.
The payment term is generally 30 days.
For the following payment methods W + P grants 1% Sktono:
Direct debit, payment in advance or payment within 10 days.
- Payment deadline
Interest on arrears shall be charged at a rate of 5 % above the respective discount rate of the Deutsche Bundesbank.
Before complete payment of due invoice amounts including interest on arrears, W + P is not obliged to make any further deliveries, or can demand advance payment.W + P charges for reminders:
- Reminder: free
- Reminder: 3,00 Euro
- Reminder: 8,00 Euro
- Credit note
Credit notes are automatically offset.In all cases, the credit note amounts are offset against the next invoice.
- Notice of defects
Complaints must be made in writing using the invoice (attached).
They must be filed within 8 days of receipt of the goods at the latest.
After processing of the delivered goods has begun, any complaint is excluded.
In the case of justified complaints, W + P has the right to defect-free replacement goods within 6 weeks after receipt of the goods.
Thereafter, the statutory provisions shall apply.
- Retention of title
The delivered goods remain the property of W + P until all claims arising from the business relationship with the Customer have been settled in full.
- Place of performance and jurisdiction
The place of performance for all services arising from the delivery contract is the registered office of W + P.