1.1 The following General Terms and Conditions of Business apply to all business relationships between you as a customer and us, Wiha Werkzeuge GmbH, Obertalstrasse 3-7, 78136 Schonach, Germany (hereinafter also referred to as "Wiha"), which are initiated and handled via our online shop. The version of our General Terms and Conditions of Business valid at the time that the order was placed applies. We do not accept any deviations or differences to these conditions unless we expressly agree to accept such amendments as valid in writing.
1.2 The goods and services that we offer via our online shop are aimed at both consumers and businesses. For the purposes of these General Terms and Conditions of Business, (i) a "Consumer" is any physical person who concludes a contract for a purpose which cannot be attributed to their commercial or self-employed, professional activity (Section 13 German Civil Code [BGB]) and (ii) a "Business" is a physical person, legal entity or a partnership having legal capacity who or which is carrying out commercial or self-employed, professional activities when concluding the contract (Section 14, Paragraph 1, German Civil Code [BGB]).
2. Conclusion of the contract, contract language
2.1 The goods and services offered on our Internet pages do not constitute an offer to conclude a contract; they merely represent an invitation to place an order.
2.2 To order an item, you need to enter the required quantity in the "Quantity" field on the product page concerned and then click on the shopping cart icon. The item is then saved to your shopping cart. Once you have selected all items, click on "Products" > "My shopping basket" in the main menu. You will then see your full order. If all items are correct, click on "Proceed to checkout" to complete your order. You can change the number of items by entering the amount in the "Quantity" field and then clicking on "Update". If you want to delete an item, simple enter "0" on the line for the item.
You then need to register. If you are a new customer, click on "I am new customer at the Wiha online shop" and fill out the form. If you are already a registered customer, you can log on directly using your email address and password.
You can then order the products in your shopping basket. In doing so, you will then be shown all the products that you wish to order and the delivery terms in the order review. You also have the option to correct your personal details at this point. You can place your order by clicking on the "Purchase" button.
2.3 On placing your order, you are forwarding us an offer to conclude a sales or service contract. The sales contract comes into effect when the ordered goods are dispatched with the exception of orders placed with prepayment or using PayPal. The confirmation that your order has been received (order confirmation) does not indicate that your offer has been accepted. It merely serves to inform you that the order has been received. If you choose pre-payment or PayPal, we will declare that we have accepted your contractual offer by sending you the order confirmation.
2.4 We save your contract text once your order is submitted. The Ordering Party can no longer access it at this point.
2.5 The language of the contract is German. The German contractual text remains binding even if the contractual text has been translated into another language.
3. Prices, payment terms
3.1 Unless agreed otherwise, the relevant prices shown on our website on the day that the contract is concluded apply. The Ordering Party must pay 14 days after the invoice is issued, otherwise they are in default.
3.2 As a basic rule, payments can be made with a credit card, via an online payment service (PayPal), based on an invoice or with an advance payment to Wiha. You incur any bank fees for any international transfers.
4. Default, set-off, retention
4.1 Commencement of default and the rate of default interest are based on statutory regulations. We point out that you default on payment if you do not make the payment within 30 days of the due date and the invoice or a similar request for payment being received.
4.2 You are not permitted to offset payment against counter-claims unless the counter-claims are undisputed or have been recognised in a court of law. You can only refuse to make your payment or retain any payment in the case of such counter-claims if your counter-claim is based on the same contractual relationship.
5. Cancellation by the consumer, exclusion of the right to cancellation
5.1 As a consumer, you have the right to cancel. The requisites and legal consequences of the right to cancellation are based on the following cancellation policy:
You have the right to cancel this agreement within fourteen days without indicating the reasons for cancellation.
The cancellation period is fourteen days from the day that you or a third party that you nominated and who is not the carrier took receipt of the goods.
To exercise your right to cancellation, you must contact us at
Wiha Werkzeuge GmbH,
78136 Schonach, Germany
Fax: +49 (0)7722 959-160
with a clear declaration, such as a letter sent by post, a fax or an email, that you have decided to cancel this agreement. You may use the attached cancellation form template, although this is not compulsory.
To ensure that your right to cancellation is observed, it is sufficient for you to forward the notification that you are exercising your right to cancellation before the cancellation period expires.
Consequences of cancelling your order:
If you cancel this agreement, we are required to return all payments to you that we have received from you, including the delivery costs (with the exception of additional costs which are incurred because you chose a type of delivery different from the most favourably priced standard delivery which we offered to you), immediately and at the latest within fourteen days from the date when we received notification of your cancellation of this contract. We shall use the same payment method that you used for the original transaction to make the reimbursement unless we have expressly agreed another method with you; under no circumstances will you be charged for this reimbursement.
We may refuse to make a reimbursement until we have received the returned goods or until you provide proof that have sent the goods back to us; the date which is earlier is the one that applies.
You must send back or hand over the goods immediately and, in all cases, at the latest within fourteen days from the date when you notified us that you wished to cancel of this contract. This deadline is met if you send the goods back before the fourteen-day period expires.
You bear the direct costs for returning the goods.
You only need to compensate for any loss in value if such a loss in value is due to you handling the goods in any way other than the way required to check their condition, properties and functionality.
End of the cancellation policy
5.2 Section 312g of the German Civil Code stipulates that the right to cancellation does not apply in cases such as
a) when goods are delivered which are not pre-fabricated and the consumer needs to make a personal choice or specification for their manufacture or they are clearly tailored to personal needs and
b) when sealed goods are delivered which are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery.
6. Shipping costs delivery and service conditions
6.1 Deliveries are processed if the order is worth a minimum amount of 10.00 euros net. We deliver goods using what we consider to be the most favourably priced shipping method. A flat rate for shipping costs and processing amounting to €4.95, including VAT (4.16 plus VAT), is invoiced for each order.
6.2 We deliver the good as specified in the agreements reached with you. You will find the delivery period in detail in the order review.
7. Retention of title
7.1 All deliveries are made exclusively under reservation of ownership. The objects of deliveries (goods subject to the retention of title) remain our property until all the claims against the customer which we are entitled to make have been met. Should the value of all collateral rights to which we are entitled exceed the total amount of our title by more than 20%, we shall release a portion of the collateral on written request from the customer.
10.2. The customer is forbidden to pawn or pledge our goods as collateral while the retention of title exists. Resale is only permitted for resellers (specialist trade) in their normal course of business and under the condition that the reseller receives payment from their customer or that ownership is not transferred to their customer until the latter has fully met their payment obligations. In the case of resale of objects subject to retention of title, when the order is placed, the customer surrenders to us any payments from the purchaser equivalent to the amount that the customer still owes us. In the event that objects subject to retention of title are processed or machined, it is agreed that the new item passes into our ownership until our receivables have been paid in full.
10.3. The customer must inform us immediately of any seizure, confiscation or any other such third party intervention related to the goods.
8.1 If you are a consumer as defined in Section 13 of the German Civil Code, the statutory warranty regulations apply.
8.2 However, if you are Business as per Section 14 of the German Civil Code, the following warranty rules apply to contracts relating to the delivery of goods:
(a) In the event of a defect, we shall provide supplementary performance to meet our warranty obligations. Supplementary performance shall consist of rectification or replacement at our discretion.
(b) If we are not prepared or in the position to provide supplementary performance, you may withdraw from the contract or reduce the purchase price, whichever you prefer. The same applies if supplementary performance is not successful, is unreasonable for you or is delayed beyond a reasonable period of time for reasons for which we bear responsibility.
(c) Warranty claims for defects are limited to a period of one year after goods are delivered. This also applies to claims for compensation for damages and expense due to defects except in case of an intentional or grossly negligent breach of duty, a breach of warranties or claims arising from death and injury to body or health.
9. Liability, compensation for damage and reimbursement of expenses
9.1 We are liable for compensation for damages in the cases outlined in letters a) to d) below:
(a) for claims arising from death and injury to body and/or health and damages caused by intent or due to gross negligence;
(b) for damage caused by non-compliance with any warranties set out in writing, limited to the extent of the customer’s financial interest covered by the warranty and apparent to us when giving the warranty;
(c) in cases of product liability as per the German Product Liability Act;
(d) in cases of breaches to essential contractual obligations caused by slight negligence where liability for damage compensation is limited to the extent of damage which we would expect as typical in the circumstances known to us at the time that the contract was concluded. Essential contractual obligations are those basic obligations which were decisive for the conclusion of the contract and which you were entitled to expect us to meet;
9.2 Any other liability for damages is excluded, irrespective of the legal basis.
9.3 Claims for compensation for damages and expenses as indicated in Paragraph 1, Letter (d) are subject a limitation period of twelve months. The limitation period starts as stipulated in Section 199 of the German Civil Code.
9.4 If these provisions exclude us from liability, the same also applies to any such liability regarding our organisational bodies, assistants and vicarious agents, in particular our employees.
10. Personal data protection
10.1 Any personal data that you provide will be collected, processed and stored in compliance with the provisions in the German Data Protection Law only.
11. Identity of the provider, contact
11.1 The provider of this online shop is
Commercial register: District Court of Freiburg HRB 602677
VAT registration number: DE143001812
11.2 Complaints may be lodged at the aforementioned address.
12. Final Provisions
12.1 The laws of Germany apply to the exclusion of the UN Convention on the International Sale of Goods
12.2 If the Ordering Party is a trader, the sole place of jurisdiction for all disputes is the district where Wiha's headquarters is located. However, Wiha is also entitled to bring action against the Ordering Party at their place of general jurisdiction.
12.3 Should individual provisions in these general terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.