GENERAL TERMS AND CONDITIONS

General Terms and Conditions of WERO GmbH & Co. KG

Idsteiner Str. 94, 65232 Taunusstein, Germany, e-mail: info@wero.de (hereinafter "Provider")

1. Scope of application

The provider sells goods in the field of first aid, skin protection/hygiene and occupational safety via various channels, in particular via sales field service, catalogue mailing, by telephone, letter, fax, e-mail or via electronic platforms and ordering systems, such as online shops).

The services of the provider are subject to the present GTC in the version valid at the time of the conclusion of the contract . These GTC apply exclusively. Deviating terms and conditions of the customer are not valid unless the provider expressly agrees to them .

2. Conclusion of contract via online shops of the provider

The offers in the provider's online shops represent a non-binding invitation to the customer to order goods or services at . By sending the order (click on the button "order with obligation to pay") in the shop, the customer submits a binding offer to conclude a contract.

The confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract. The provider can declare acceptance within ten working days, by sending a written order confirmation or a order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or by the provider delivering the ordered goods, whereby receipt of the goods by the customer is decisive, or by the provider requesting payment from the customer after the order has been placed (e.g. in the case of PayPal payment). If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the provider does not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that the customer is no longer bound by his declaration of intent.

When submitting an offer via the online order form of the provider , the contract text is saved by the provider and sent to the customer in text form (e.g. B. e-mail, fax or letter) after sending his order together with these terms and conditions. In addition, the text of the contract is archived on the provider's website under "Order history" and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data at , provided that the customer has created a customer account in the provider's online shop before sending his order.

Before binding submission of the order via the provider's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

The German language is available for the contract conclusion. In English-language shops of the provider, the English language is also available for the conclusion of the contract.

3. Conclusion of contract outside the online shop

In addition to sales via online shops, the provider also sells goods via direct sales and concludes contracts in person via the sales force, by telephone, e-mail, letter, fax, electronic catalogues, order platforms on the Internet for non-consumers and via other direct sales channels. The conclusion of contracts via these channels is governed by the provisions of the German Civil Code (BGB) and other relevant civil law standards, unless otherwise stipulated in these GTC.

The sales channels mentioned in this section are not available to consumers at . Sales to consumers are made exclusively via the provider's online shops.

4. Right of cancellation

Consumers are generally entitled to a right of cancellation. Further information on the right of cancellation can be found in the provider's cancellation policy.

No right of cancellation is granted to entrepreneurs and other customers who are not consumers.

Furthermore, the right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

5. Payment, default

The customer will be informed of prices and terms of payment before the contract is concluded.

If the customer is in default of payment, the provider is entitled to charge default interest in the amount of five percentage points above the base rate of the European Central Bank. In the event that the provider claims further damage caused by default, the customer has the opportunity to prove that the claimed damage caused by default was not incurred at all or at a lower amount.

6. Retention of title

In relation to consumers, the provider retains ownership of the delivered goods until full payment of the purchase price owed.

The following applies to entrepreneurs and other customers who are not consumers:

The customer is authorised to resell and assign the reserved goods in the ordinary course of business or to use them within the framework of a contract for work . However, the customer hereby assigns to the provider by way of security all claims against third parties arising from the resale of the reserved goods until all claims of the provider against the customer have been settled. The customer is authorised to collect these claims even after their assignment. The authorisation of the provider to collect the claims himself remains unaffected by this , but the provider undertakes not to collect the claims as long as the customer duly meets his payment obligations and is not in default of payment. However, if this is the case, the provider may demand that the customer informs the provider of the assigned claims and their debtors, provides with all information necessary for collection, hands over the associated documents and informs the third-party debtors of the assignment.

If the realisable value of the reserved goods exceeds the claims to be secured from the current business relationships by 20%, the provider is obliged to release the reserved goods at the request of the customer.

Any processing or transformation of the reserved goods by the customer shall always be carried out on behalf of the provider. If the reserved goods are processed with items not belonging to the provider, the provider shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed item(s). The above shall also apply if the goods are processed or mixed with other items not belonging to the Supplier.

The assignment does not cover such claims of the customer that arise from the resale of goods purchased under extended retention of title.

7. Delivery

The delivery period is communicated to consumers before the contract is concluded (e.g. on of the product page in the online shop). The beginning of the delivery time stated by the provider presupposes the timely and proper fulfilment of the customer's obligations, in particular the correct indication of the delivery address in the context of the order.

If the provider is unable to deliver the ordered goods through no fault of its own because the provider's supplier does not fulfil its contractual obligations, the customer will be informed immediately that the ordered goods are not available. In this case, the supplier and the customer are entitled to withdraw from the contract. Any payments already made by the contractual partner will be refunded to without delay. The statutory claims of the customer remain unaffected.

8. Transfer of risk to entrepreneurs

With regard to entrepreneurs or other customers who are not consumers, the risk of deterioration or loss of the goods is transferred to the customer with the handover of the delivery item to the transport company. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the day on which notifies the customer that the delivery item is ready for dispatch.

9. Default of acceptance

If the customer is in default of acceptance or culpably violates other obligations to co-operate, the provider is entitled to demand compensation for the damage incurred by as a result, including any additional expenses, at . Further claims remain reserved. This does not apply if the customer effectively exercises a right of cancellation to which he is entitled, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered by , unless the provider had notified him of the service a reasonable time in advance.

The purchase price is subject to interest during the period of default. The default interest rate is five percentage points above the base interest rate per annum. For legal transactions between entrepreneurs or other customers who are not consumers, the interest rate is nine percentage points above the base rate.

For his part, the customer reserves the right to prove to that no damage has been incurred in the amount demanded or that at least significantly less damage has been incurred. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer falls into default of acceptance or debtor's delay.

10. Warranty

If the purchased item is defective, the provisions of statutory liability for defects apply to consumers without restriction. For entrepreneurs and other customers who are not consumers, the warranty for defects applies, taking into account the restrictions set out in the following paragraphs.

For entrepreneurs and other customers who are not consumers, a insignificant defect does not justify any claims for defects. In the case of new goods , the limitation period for a defect is one year from the transfer of risk to ; in the case of used goods, the warranty for defects is excluded. In the event of a defect, the supplier has the choice of the type of subsequent fulfilment. The limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects. These limitations of liability and shortening of the limitation period within the meaning of this paragraph do not apply to items that have been used for a building in accordance with their usual use and have caused its defectiveness, for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider, for other damages that are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider, as well as in the event that the provider has fraudulently concealed the defect.

In addition, applies to entrepreneurs or other customers who are not consumers, that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to Section 377 HGB. If the customer fails to fulfil the notification obligations stipulated therein, the goods shall be deemed approved.

11. Liability

The provider is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

The provider is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated by or on the basis of mandatory liability such as under the Product Liability Act.

If the provider negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless has unlimited liability in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

Any further liability of the provider is excluded.

The above liability regulations also apply with regard to the liability of the provider for its vicarious agents and legal representatives.

The customer shall indemnify the provider against any third-party claims - including the costs of legal defence in their statutory amount - which are asserted against the provider due to actions by the customer in breach of the law or the contract.

12. Final provisions

Applicable is the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards .

If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered office of the provider can be found in the heading of these General Terms and Conditions.

Insofar as a provision of these General Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected.

13. Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution for consumers on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure in accordance with VSBG.

The provider's email address can be found under the heading of these GTC.

Status: February 2020