General Terms and Conditions
1. General
(1) All deliveries, services, offers and contracts of the seller are based exclusively on these terms and conditions. These shall be recognized as binding upon conclusion of the contract and shall apply even if no further reference is expressly made to them in further business relations.
(2) Terms and conditions of the Buyer or third parties shall not apply, even if the Seller does not separately object to their validity in individual cases. Even if the Seller refers to a letter that contains or refers to the terms and conditions of the Buyer or a third party, this shall not constitute agreement with the validity of those terms and conditions.
(3) Subsidiary agreements, amendments or additions to the contract are only effective if they have been confirmed in writing.
(4) The use of an own internet presence (domain) containing the company name "Wilbers" is prohibited without our express written confirmation. In the event of a violation, the contract shall be terminated immediately.
2. Definitions
(1) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
(2) An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
3. Offer and conclusion of contract
(1) The presentation of the product range of Wilbers Products in catalogs and on the website www.wilbers.de does not constitute an offer within the meaning of §§ 145 ff. BGB (German Civil Code). Unless expressly designated as binding, the offers there are always non-binding, i.e. only to be understood as an invitation to submit an offer. The customer submits a binding purchase offer by placing an order by e-mail, fax, telephone, in writing or by placing an order in the online store at www.wilbers.de/shop. We are not obliged to accept the customer's offer.
(2) A contract with us is only concluded when we expressly accept the order either by written confirmation or by confirmation by e-mail.
(3) Minor deviations and technical changes to our illustrations or descriptions are possible and do not affect the conclusion of the contractual relationship.
(4) Obvious errors, typographical, printing and calculation errors are not binding for us.
(5) Insofar as our employees make verbal collateral agreements or give assurances that go beyond the written contract, these shall only become part of the contract if confirmed by us in writing.
4. Right of return
Resellers are excluded from the right of withdrawal. End consumers (customers) may return non-personalized products for a further 14 days after the statutory withdrawal period of 14 days has expired. In this case, we reserve the right to charge a handling fee of 10%; any delivery costs incurred will not be refunded.
5. Prices and payment
(1) Our prices are quoted in euros and include statutory value added tax.
(2) Unless expressly agreed otherwise in writing, our prices apply "ex works" for collection.
(3) If the Buyer/Dealer wishes the goods to be shipped, the Buyer/Dealer shall bear the shipping costs incurred. Further details can be found in the regulation in section 7.
(4) Additional costs are incurred for the production of a special strut. Information on this is available on request.
(5) All prices are subject to change. Printing errors and mistakes can unfortunately never be ruled out and are reserved.
(6) Checks are only accepted on account of performance.
6. Leistungsbedingungen
(1) The services to be rendered by the Seller to the Buyer shall be specified in the order placement.
(2) Unless otherwise agreed, the goods shall be collected by the Buyer ex works.
(3) Information on the delivery period is non-binding, unless the delivery date has been agreed as binding in exceptional cases.
(4) Partial services and partial deliveries are permitted to a reasonable extent. We may make partial deliveries of items that are not fully in stock. However, we are not obliged to make partial deliveries.
(5) A delivery period shall be extended appropriately - even within a delay - in the event of force majeure and all unforeseen obstacles occurring after conclusion of the contract for which we are not responsible (in particular also operational disruptions, strikes, lockouts or disruption of transport routes), insofar as such obstacles can be proven to have a considerable influence on the planned execution or delivery. This shall also apply if these circumstances occur at our suppliers, sub-suppliers or subcontractors. We shall inform the Buyer of the beginning and end of such hindrances as soon as possible. The buyer may demand a declaration from us as to whether we wish to withdraw from the contract or deliver within a reasonable period of time. If we do not declare ourselves immediately, the Buyer may withdraw from the contract.
(6) With regard to timely delivery, we shall only be liable for our own fault and that of our vicarious agents.
7. Terms of delivery and transfer of risk
(1) The goods shall be delivered ex works. The risk shall pass to the Buyer when the goods are handed over to the carrier commissioned by the Buyer (entrepreneur). This does not apply to transportation with our vehicles and/or if the buyer is a consumer within the meaning of § 13 BGB.
(2) Unless otherwise agreed, the goods shall only be dispatched after full payment has been made.
(3) The shipping costs shall be borne by the Buyer.
(4) Shipment shall be at the Buyer's expense and, if the Buyer is not a consumer within the meaning of § 13 BGB, also at the Buyer's risk.
(5) If shipment is delayed at the request or through the fault of the Buyer, the goods shall be stored at the Buyer's expense. We shall only be liable for damage to the goods in the event of intent and gross negligence. In this case, notification of readiness for dispatch shall be equivalent to dispatch. The invoice for the goods shall become due immediately upon storage.
8. Offsetting, retention
The purchaser shall only be entitled to offset if his counterclaims have been legally established or are undisputed. Furthermore, he is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
9. Retention of title
(1) The delivered goods shall remain our property until the purchase price has been paid in full.
(2) In the case of goods which the buyer purchases from us within the framework of an ongoing business relationship, we reserve the right of ownership until all our claims arising from the business relationship, including claims arising in the future - also from contracts concluded at the same time or at a later date - have been settled. This shall also apply if individual or all claims have been included by us in a current invoice and the balance has been struck and recognized. If, in connection with the payment of the purchase price by the buyer, we establish liability under a bill of exchange, the reservation of title shall not expire before the bill of exchange has been honored by the buyer as drawee. The goods as well as the goods covered by the reservation of title which take their place in accordance with this clause are hereinafter referred to as reserved goods.
(3) The Buyer shall store the goods subject to retention of title for us free of charge.
(4) The Buyer shall be entitled to process and sell the goods subject to retention of title in the ordinary course of business until the event of realization (para. 9) occurs. Pledges and transfers by way of security are not permitted.
Revocation in the event of realization.
(5) If the reserved goods are processed by the Buyer, it is agreed that the processing is carried out in the name and for the account of the Seller as manufacturer and the Seller directly acquires ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the reserved goods - co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership should occur for the seller, the buyer hereby transfers his future ownership or, in the above-mentioned ratio, co-ownership of the newly created item to the seller as security. If the goods subject to retention of title are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, the Buyer shall, insofar as the main item belongs to him, transfer to the Seller the pro rata co-ownership of the uniform item in the ratio specified in sentence 1.
(6) In the event of the resale of the goods subject to retention of title, the Buyer hereby assigns to the Seller by way of security the resulting claim against the purchaser - in the case of co-ownership of the Seller in the goods subject to retention of title in proportion to the co-ownership share. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. The seller revocably authorizes the buyer to collect the claims assigned to the seller in his own name for the account of the seller. The Seller may only revoke this direct debit authorization in the event of liquidation.
(7) If third parties seize the reserved goods, in particular by attachment, the Buyer shall immediately inform them of the Seller's ownership and inform the Seller of this in order to enable the Seller to enforce its ownership rights. If the third party is not in a position to reimburse the Seller for the judicial or extrajudicial costs incurred in this connection, the Buyer shall be liable to the Seller.
(8) At the Buyer's request, the Seller shall release the securities to which it is entitled at its discretion to the extent that their realizable value exceeds the claims to be secured by 10%.
(9) If the Seller withdraws from the contract in the event of breach of contract by the Buyer - in particular default of payment - (enforcement event), the Seller shall be entitled to demand the return of the reserved goods.
10. Defects, warranty and liability
(1) We accept no liability for damage caused by unsuitable or improper use, faulty assembly, commissioning, modification or repair not carried out by us, faulty or negligent handling or natural wear and tear.
(2) Claims for material defects shall become time-barred after 12 months, unless the Buyer is a consumer. This shall not apply if the law prescribes longer periods in accordance with § 479 BGB.
If the buyer is a consumer within the meaning of § 13 BGB, and thus a natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to his commercial or independent professional activity, the statutory provisions shall apply with the proviso that the warranty period under sales law for material defects in the sale of used goods is limited to 12 months. This shall not apply if we are liable under other statutory provisions.
(3) Section 19 shall apply to claims for damages.
11. Independent guarantee
(1) Irrespective of the statutory warranty obligations, we grant an additional independent warranty for the following products
• of 29 years for Wilbers fork springs
• 5 years for Wilbers struts (Adjustline, Ecoline, WESA, fork and cartridge products))
• 10 years for Nivomat struts
on the freedom from defects, usability, workmanship and durability of the materials used.
(2) During this period, we will remedy a justified warranty claim at our discretion, free of charge, either by repair or replacement.
(3) The warranty period begins on the date of purchase of this product and is valid throughout the EU.
(4) The warranty granted is in addition to your statutory rights and does not affect them.
(5) The warranty does not cover damage caused by improper use, normal wear and tear, the effects of chemicals or force majeure, as well as interventions or repairs by you or third parties.
(6) Warranty claims are also excluded if the products listed under 11 (1) are used at events to achieve top speeds or racing events.
(7) Accessories that are not part of the basic equipment of the product are also excluded from the warranty.
(8) In the event of a warranty claim, please contact the seller of the product, enclosing proof of purchase.
12. General limitation of liability and claims for damages
(1) Claims for damages and reimbursement of expenses of the Buyer (hereinafter referred to as claims for damages), irrespective of the legal grounds, in particular due to breach of duties arising from a contractual obligation and from tort, are excluded. This shall not apply in cases where we have assumed a guarantee or a procurement risk. Furthermore, this shall not apply if we are compulsorily liable, e.g. under the Product Liability Act, in cases of gross negligence, intent, injury to life, limb or health, or breach of material contractual obligations. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless we can be accused of gross negligence or intent or are liable for injury to life, limb or health. This does not imply a change in the burden of proof to the detriment of the buyer.
(2) This provision shall apply to the buyer accordingly.
13. Withdrawal due to failure to cooperate
If you fail to perform a contractually owed act of cooperation after conclusion of the contract despite a prior written request and setting of a deadline on our part and announcement of withdrawal from the contract in the event of failure to cooperate, we shall be entitled to withdraw from the contract. In this case, we are entitled to charge you an amount of 10% of the sales price of the ordered goods as lump-sum compensation for the loss of profit and expenses incurred by us. You have the right to prove that we have incurred no or less damage.
14. Data protection
The buyer is hereby informed that we process the personal data obtained in the course of the business relationship in accordance with the provisions of the Federal Data Protection Act. (see separate data protection declaration on our homepage).
15. Place of performance, place of jurisdiction, applicable law
(1) The place of performance and exclusive place of jurisdiction for deliveries and payments (including actions on checks and bills of exchange) as well as all disputes arising shall be Nordhorn if the Buyer is a merchant, a legal entity under public law or a special fund under public law, or is domiciled outside the Federal Republic of Germany. However, we are entitled to sue the Buyer at his place of jurisdiction.
(2) The contractual relationship shall be governed exclusively by the law applicable in the Federal Republic of Germany
law applicable in the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
16. Miscellaneous
The misuse of our TÜV and ABE certificates is prohibited.
17. Notice pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG) and pursuant to Art. 14 Regulation (EU) No. 524/2013 on Online Dispute Resolution in Consumer Matters (ODR Regulation)
(1) We are generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG.
(2) The European Commission provides a platform for online dispute resolution. You can find the platform at http://ec.europa.eu/consumers/odr/. We do not currently participate in this dispute resolution procedure.
18. Severability clause
Should individual provisions of the contract with the Buyer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
19. right of revocation (in particular revocation instructions and sample revocation form)
If you have concluded the purchase contract as a consumer in accordance with § 13 BGB (definition in section 2. (1)), you have a fourteen-day right of withdrawal. In the following you will be informed about the right of withdrawal as a consumer:
Beginning of the right of withdrawal
(1) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us
Wilbers Products GmbH
Frieslandstraße 6 - 10
48527 Nordhorn
Phone: +49(0)5921 72717-0
Fax: +49(0)5921 72717-77
E-Mail: info@wilbers.de
Managing Directors: Mr. Bernardus Wilbers, Mr. André Peters
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
(2) Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of your withdrawal from this contract.
Wilbers Products GmbH
Frieslandstraße 6 - 10
48527 Nordhorn
Phone: +49(0)5921 72717-0
Fax: +49(0)5921 72717-77
E-Mail: info@wilbers.de
Managing Directors: Mr. Bernardus Wilbers, Mr. André Peters
to return or hand over the goods. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the withdrawal policy
(3) Exclusion of the right of withdrawal
Unless otherwise stipulated, the right of revocation does not apply to the delivery of goods that have been
customer specifications or are clearly tailored to personal needs (§ 312g BGB).
If you wish to withdraw from the contract, please fill out the following sample withdrawal form or use the prepared PDF file (link) and send it back to us.
Status: November 2023