To handle the variety of daily incoming orders, Wash-Mat should check legally the purchasing conditions of each customer.
The same applies in the reverse case. We do not expect this effort you and us and it would be economically unfeasible.
In addition we think it concerned when attempting using its own terms and conditions of shopping on one side to gain advantages in sales contracts.
For correct commercial behaviour and the solution of any problems, the legal provisions in civil code and commercial code provide sufficient basis.
The inclusion of business or purchasing conditions of the customer is expressly excluded in any case.
In the contractual relationship between Wash-Mat and the customer exclusively BGB and HGB apply with the exception of some less following rules of coexistence.
§ 1 conclusion of the contract with the Wash-Mat online ordering system
1.1 specify the possibility to set up an offer on a contract relating to the represented goods purchasing (referred to hereinafter Treaty) on Wash-Mat customer Wash-Mat on by offered the online ordering system goods and services. The order of the customer is the range of Wash-Mat to conclude of a purchase contract to the terms stated in the order.
1.2 the contract between Wash-Mat and the customer is concluded through the access of the matching with the offer of the customer acceptance of Wash-Mat or by delivery to the delivery address specified by the customer in the purchase order.
The confirmation of the Bestelleinganges addressed to the customer by Wash-Mat does not constitute acceptance of the offer.
§ 2 product and price information in the online ordering system
2.1 all product-related information contained in the online ordering system of Wash-Mat are not binding and represent no property description, representations, or warranties of the respective goods. Mistakes and errors in the description or pictorial representation of colors or materials, as well as changes in tones that are due to production, are reserved.
2.2 contained all in the online ordering system of Wash-Mat prices are net plus the applicable statutory VAT, unless the price is expressly identified as a gross price.
§ 3 liability
3.1 infringement of life, body, health
For damages resulting from the injury of life, body or health, Wash-Mat is only liable as far as they are based on a negligent breach of duty by Wash-Mat or an intentional or negligent breach of duty of a legal representative or vicarious agent of Wash-Mat.
3.2 gross negligence
In addition Wash-Mat for other damages shall only be liable, as far as they are based on a negligent breach of duty by Wash-Mat or on a deliberate or grossly negligent breach of duty of a legal representative or vicarious agent of Wash-Mat.
Stand: 06 08 2009 © Wash-Mat, 20537 Hamburg, Germany