General Terms & Conditions
§ 1 Scope of application
(1) The following General Terms and Conditions ("GTC") apply to the sale of goods via our online shop on the website http://westholt.de/ by us, Wilhelm Westholt GmbH, Zeißstraße 9, 50171 Kerpen, Germany (hereinafter referred to as "We" or "Westholt") as well as to all contracts, deliveries and other services including consulting services and information. They shall also apply to all future contracts with customers and to future deliveries and other services to be provided to them.
(3) Consumers within the meaning of § 13 BGB are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
(4) Entrepreneurs within the meaning of § 14 BGB are natural persons or legal entities or partnerships with legal capacity if they act in the exercise of their commercial or independent professional activity when concluding a legal transaction.
(5) Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if we are aware of them, unless we expressly agree to their validity in writing.
§ 2 Conclusion of contract
(1) In the event of the conclusion of a contract, the contract shall be concluded with:
Wilhelm Westholt GmbH
Zeißstraße 9
50171 Kerpen
Managing directors:
Dipl.-Wirt.-Ing. Andreas Schneider and Dipl.-Kfm. Joachim Schneider
Registration number: HRB 41862 at the district court of Cologne
(2) The presentation of the goods in our Internet shop does not constitute a binding offer to conclude a contract. It is rather a non-binding invitation to you to order goods from us.
(4) The following regulations apply to an order placed via our Internet shop: The customer makes a binding offer to conclude a contract by successfully completing the order procedure provided in our online shop.
The steps required for this are:
- Login to the Internet shop after registering once and providing the login data (e-mail address and password) with our 2-step registration procedure.
- Click on the desired item to select it with the number of metres/number of pieces.
- Clicking the button "Add to shopping cart
- Checking the goods in the shopping cart
- Clicking the button "Proceed to checkout".
- Checking the order and, if necessary, correcting the data entered.
- The order can only be placed and transmitted if the customer has accepted these General Terms and Conditions as well as the Privacy Policy and thereby included them in his application.
- Submitting the binding order by clicking the button "Submit order".
(5) After we have received your order, you will receive an automatically generated e-mail in which we confirm receipt of your order and list the data relating to your order once again. This e-mail does not constitute acceptance of your offer.
(6) The text of the contract will be stored by us. You can view your orders in our customer area. To do so, please log in to your customer account and click on the Orders button.
(7) Before submitting your order, you have the opportunity to correct any input errors using the technical means provided in the online shop. You can also make corrections using the usual functions of your keyboard or mouse. You can also cancel the ordering process by closing the window of your browser in which you have opened the Internet shop. After you have clicked the "Buy now" button, you have made a binding order (offer). You can then no longer correct any input errors.
(2) Payment shall be made by direct bank transfer, cash on delivery or by invoice.
(3) With the exception of purchase on account, the invoice amount is due immediately. In the case of delivery on account, the customer is obliged to settle the invoice within 14 days of receipt of the goods. After the expiry of 14 days after receipt of the goods, the customer shall be in default without a reminder being required. From this point in time, he shall pay us interest on arrears at a rate of 5 percentage points above the base interest rate. The customer is permitted to prove that the actual damage caused by default did not occur at all or is lower.
(4) Offsetting with claims of the customer that are not recognised or not legally established is excluded. This also applies to a right of retention due to such counterclaims, insofar as these claims are not based on the same contractual relationship.
§ 4 Retention of title
(1)The items delivered by us shall remain our property until all our current claims against the customer, as well as future claims insofar as they are connected with the delivered items, have been fulfilled.
The customer is entitled to resell the delivery items owned by us (reserved goods) in the ordinary course of business. However, he hereby assigns to us all claims arising from this resale, irrespective of whether the goods subject to retention of title are resold before or after processing or whether they are combined with real estate or movable property or not. If the reserved goods are resold after processing or together with other goods that do not belong to us, or if they are combined with real estate or movable property, the customer's claim against his customers shall be deemed assigned in the amount of the delivery price agreed between the customer and us for the reserved goods.
(2) The customer is authorised to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this, but we undertake not to do so as long as the customer duly meets his payment obligations. If the customer makes use of the right to collect, we shall be entitled to the collected proceeds in the amount of the delivery price agreed between the customer and us for the reserved goods.
(4) We undertake to release the securities to which we are entitled on request to the extent that their realisable value exceeds the claims to be secured by more than 20%.
§ 5 Delivery, Delivery Periods
(1) We ship within Germany with various service providers as agreed with our customers. The delivery time is usually approx. 2-5 working days after placing the order until 10:00 a.m., provided that the goods are available from stock.
(2) With regard to the dimensions specified for our delivery items, we reserve the right to deviations customary in the trade, unless we have expressly assured compliance with the dimensions.
(3) We are entitled to make reasonable partial deliveries.
(4) If the dispatch of the ordered delivery items is delayed for reasons for which the customer is responsible, the risk shall pass to the customer upon receipt of the notification of readiness for dispatch.
(6) Agreed delivery periods shall be extended appropriately in the event of unforeseen hindrances beyond our control, such as strikes, lockouts, operational disruptions, delays in the delivery of input materials, irrespective of whether these hindrances occur at our premises or those of our suppliers. We are not responsible for such circumstances even if we are already in default. If they occur, both parties are entitled to withdraw from the contract.
§ 6 Complaints
Obvious defects of the goods must be notified in writing and specified within immediately after receipt of the goods.
§ 7 Liability
(1) Subject to the provision in § 8 (2), Westholt's liability for damages is limited as follows: If Westholt breaches material contractual obligations through simple negligence, our liability shall be limited to the amount of the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the customer regularly relies, so-called "cardinal obligations". We shall not be liable for the slightly negligent breach of non-essential obligations arising from the contractual obligation.
(2) The aforementioned exclusion of liability shall not apply in cases of mandatory statutory liability (in particular under the Product Liability Act) and in the event of the assumption of a guarantee or in the event of culpable injury to life, limb or health.
(4) The customer is obliged to take reasonable measures to avert and mitigate damages.
§ 8 Place of Jurisdiction
The place of jurisdiction for all disputes arising from our legal relationship with the customer is Kerpen. However, we shall also be entitled to bring an action at the customer's principal place of business.
§ 9 Choice of law
It is agreed that German law shall apply to the exclusion of the UN Convention on the International Sale of Goods (CISG).
§ 10 Data processing
We collect personal data of the customer within the scope of the processing of the contractual relationship. In doing so, we observe in particular the provisions of the EU Basic Data Protection Regulation, the Federal Data Protection Act and the Telemedia Act. For details, please refer to the provider's data protection declaration, which is available in printable form on this website via the link "Data protection declaration".
Kerpen, September 2023
The current terms and conditions can be found at www.westholt.de
§ 1 Scope of application
(1) The following General Terms and Conditions ("GTC") apply to the sale of goods via our online shop on the website http://westholt.de/ by us, Wilhelm Westholt GmbH, Zeißstraße 9, 50171 Kerpen, Germany (hereinafter referred to as "We" or "Westholt") as well as to all contracts, deliveries and other services including consulting services and information. They shall also apply to all future contracts with customers and to future deliveries and other services to be provided to them.
(2) Our services on the website http://westholt.de/ are directed exclusively at entrepreneurs, tradesmen, freelancers and public institutions, but not at consumers within the meaning of § 13 of the German Civil Code (hereinafter: "you" or "customer").
(3) Consumers within the meaning of § 13 BGB are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
(4) Entrepreneurs within the meaning of § 14 BGB are natural persons or legal entities or partnerships with legal capacity if they act in the exercise of their commercial or independent professional activity when concluding a legal transaction.
(5) Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if we are aware of them, unless we expressly agree to their validity in writing.
§ 2 Conclusion of contract
(1) In the event of the conclusion of a contract, the contract shall be concluded with:
Wilhelm Westholt GmbH
Zeißstraße 9
50171 Kerpen
Managing directors:
Dipl.-Wirt.-Ing. Andreas Schneider and Dipl.-Kfm. Joachim Schneider
Registration number: HRB 41862 at the district court of Cologne
(2) The presentation of the goods in our Internet shop does not constitute a binding offer to conclude a contract. It is rather a non-binding invitation to you to order goods from us.
(3) By ordering goods in accordance with paragraph (4) below, the customer makes a binding declaration that he wishes to purchase the goods ordered. We are entitled to accept the contractual offer contained in the order within 3 days of receipt. The acceptance can be declared either in writing, in text form or by delivery of the goods to the customer. After expiry of this period, the offer shall be deemed not to have been accepted.
(4) The following regulations apply to an order placed via our Internet shop: The customer makes a binding offer to conclude a contract by successfully completing the order procedure provided in our online shop.
The steps required for this are:
- Login to the Internet shop after registering once and providing the login data (e-mail address and password) with our 2-step registration procedure.
- Click on the desired item to select it with the number of metres/number of pieces.
- Clicking the button "Add to shopping cart
- Checking the goods in the shopping cart
- Clicking the button "Proceed to checkout".
- Checking the order and, if necessary, correcting the data entered.
- The order can only be placed and transmitted if the customer has accepted these General Terms and Conditions as well as the Privacy Policy and thereby included them in his application.
- Submitting the binding order by clicking the button "Submit order".
(5) After we have received your order, you will receive an automatically generated e-mail in which we confirm receipt of your order and list the data relating to your order once again. This e-mail does not constitute acceptance of your offer.
(6) The text of the contract will be stored by us. You can view your orders in our customer area. To do so, please log in to your customer account and click on the Orders button.
(7) Before submitting your order, you have the opportunity to correct any input errors using the technical means provided in the online shop. You can also make corrections using the usual functions of your keyboard or mouse. You can also cancel the ordering process by closing the window of your browser in which you have opened the Internet shop. After you have clicked the "Buy now" button, you have made a binding order (offer). You can then no longer correct any input errors.
§ 3 Price, shipping costs, payment and due date, offsetting
(1) The prices stated in our online shop are ex works, the prices at the time of placing the order apply. Value added tax is not included in the price and will be invoiced separately at the respective statutory rate. Shipping costs may be charged for each delivery in accordance with § 5 of these GTC.
(2) Payment shall be made by direct bank transfer, cash on delivery or by invoice.
(3) With the exception of purchase on account, the invoice amount is due immediately. In the case of delivery on account, the customer is obliged to settle the invoice within 14 days of receipt of the goods. After the expiry of 14 days after receipt of the goods, the customer shall be in default without a reminder being required. From this point in time, he shall pay us interest on arrears at a rate of 5 percentage points above the base interest rate. The customer is permitted to prove that the actual damage caused by default did not occur at all or is lower.
(4) Offsetting with claims of the customer that are not recognised or not legally established is excluded. This also applies to a right of retention due to such counterclaims, insofar as these claims are not based on the same contractual relationship.
§ 4 Retention of title
(1)The items delivered by us shall remain our property until all our current claims against the customer, as well as future claims insofar as they are connected with the delivered items, have been fulfilled.
The customer is entitled to resell the delivery items owned by us (reserved goods) in the ordinary course of business. However, he hereby assigns to us all claims arising from this resale, irrespective of whether the goods subject to retention of title are resold before or after processing or whether they are combined with real estate or movable property or not. If the reserved goods are resold after processing or together with other goods that do not belong to us, or if they are combined with real estate or movable property, the customer's claim against his customers shall be deemed assigned in the amount of the delivery price agreed between the customer and us for the reserved goods.
(2) The customer is authorised to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this, but we undertake not to do so as long as the customer duly meets his payment obligations. If the customer makes use of the right to collect, we shall be entitled to the collected proceeds in the amount of the delivery price agreed between the customer and us for the reserved goods.
(3) Processing or transformation of the goods subject to retention of title shall be carried out for us as manufacturer in accordance with § 950 BGB (German Civil Code) without obligating us. If the goods subject to retention of title are processed with other items, we shall acquire co-ownership of the new item in the ratio of the market value of our goods to the value of the other processed items at the time of processing. The customer shall keep the new item in safe custody for us free of charge with due diligence.
(4) We undertake to release the securities to which we are entitled on request to the extent that their realisable value exceeds the claims to be secured by more than 20%.
§ 5 Delivery, Delivery Periods
(1) We ship within Germany with various service providers as agreed with our customers. The delivery time is usually approx. 2-5 working days after placing the order until 10:00 a.m., provided that the goods are available from stock.
(2) With regard to the dimensions specified for our delivery items, we reserve the right to deviations customary in the trade, unless we have expressly assured compliance with the dimensions.
(3) We are entitled to make reasonable partial deliveries.
(4) If the dispatch of the ordered delivery items is delayed for reasons for which the customer is responsible, the risk shall pass to the customer upon receipt of the notification of readiness for dispatch.
(5) The reliable dispatch of the ordered goods shall be ensured by carriers commissioned by us or as agreed with the customer. The parties agree that in the event of a dispute it is the customer's responsibility to prove that a delivery has not been received.
(6) Agreed delivery periods shall be extended appropriately in the event of unforeseen hindrances beyond our control, such as strikes, lockouts, operational disruptions, delays in the delivery of input materials, irrespective of whether these hindrances occur at our premises or those of our suppliers. We are not responsible for such circumstances even if we are already in default. If they occur, both parties are entitled to withdraw from the contract.
§ 6 Complaints
Obvious defects of the goods must be notified in writing and specified within immediately after receipt of the goods.
§ 7 Liability
(1) Subject to the provision in § 8 (2), Westholt's liability for damages is limited as follows: If Westholt breaches material contractual obligations through simple negligence, our liability shall be limited to the amount of the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the customer regularly relies, so-called "cardinal obligations". We shall not be liable for the slightly negligent breach of non-essential obligations arising from the contractual obligation.
(2) The aforementioned exclusion of liability shall not apply in cases of mandatory statutory liability (in particular under the Product Liability Act) and in the event of the assumption of a guarantee or in the event of culpable injury to life, limb or health.
(3) The regulations according to § 7 (1) and § 7 (2) shall also apply in favour of our legal representatives and vicarious agents as well as for damages which have not arisen on the delivery item itself as a result of the omitted or faulty execution of suggestions or consultations made before or after the conclusion of the contract or as a result of the violation of other contractual secondary obligations - in particular instructions for the operation and maintenance of the delivery item.
(4) The customer is obliged to take reasonable measures to avert and mitigate damages.
§ 8 Place of Jurisdiction
The place of jurisdiction for all disputes arising from our legal relationship with the customer is Kerpen. However, we shall also be entitled to bring an action at the customer's principal place of business.
§ 9 Choice of law
It is agreed that German law shall apply to the exclusion of the UN Convention on the International Sale of Goods (CISG).
§ 10 Data processing
We collect personal data of the customer within the scope of the processing of the contractual relationship. In doing so, we observe in particular the provisions of the EU Basic Data Protection Regulation, the Federal Data Protection Act and the Telemedia Act. For details, please refer to the provider's data protection declaration, which is available in printable form on this website via the link "Data protection declaration".
Kerpen, September 2023
The current terms and conditions can be found at www.westholt.de