Terms & Conditions (Business Customers)

§ 1 Scope

These General Terms and Conditions of Wisteria GmbH, Hechtstr. 43, 82266 Inning, Germany (the "Seller") apply to all orders placed through our business customer shop (B2B). This shop is intended exclusively for entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.

Any deviating terms and conditions of the customer are hereby rejected; they become part of the contract only if we expressly agree to them in writing.

§ 2 Conclusion of contract

The presentation of products in the shop does not constitute a binding offer. By submitting the order, the customer makes a binding offer. The contract is concluded through our order confirmation or by delivery of the goods.

Access to the business customer shop requires prior registration and approval by us. We reserve the right to reject registrations without giving reasons.

§ 3 Prices and VAT

The prices stated in the business customer shop are net prices and are subject to the applicable statutory VAT plus shipping costs.

For intra-Community supplies to entrepreneurs with a valid, verified VAT identification number, billing may be carried out as a VAT-exempt intra-Community supply or under the reverse-charge procedure. The customer is obliged to provide a valid VAT ID; its validity is checked during the order process.

§ 4 Payment

Payment can be made either by bank transfer (advance payment) or by credit card (via Stripe). A surcharge shown during the order process may apply to card payments. For advance payment, delivery is made after receipt of payment.

§ 5 Delivery and transfer of risk

Delivery is made to the specified delivery address. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the carrier.

§ 6 Retention of title

The goods remain our property until all claims arising from the business relationship have been paid in full. The customer is entitled to resell the goods in the ordinary course of business; the customer hereby assigns to us the resulting claims in the amount of our claim.

§ 7 No right of withdrawal

Entrepreneurs have no right of withdrawal. The statutory right of withdrawal applies only to consumers.

§ 8 Warranty

For newly manufactured goods, the limitation period for claims based on defects is one year from delivery of the goods. The Seller has the right to choose the type of subsequent performance (repair or replacement). For used goods, warranty is excluded to the extent permitted by law. These limitations do not apply to damages arising from injury to life, body or health, or in cases of intent or gross negligence.

§ 9 Liability

We are liable without limitation for damages arising from injury to life, body or health, and in cases of intent and gross negligence. In the event of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Otherwise liability is excluded. Liability under the Product Liability Act remains unaffected.

§ 10 Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from the business relationship is — insofar as the customer is a merchant, a legal entity under public law, or a special fund under public law — the registered seat of the Seller.