Terms and conditions

As of June 2025

General Terms and Conditions of Wiepa Bürofachpartner GmbH, Wiesbaden

1. General Provisions, ScopeThe following terms and conditions apply to all offers, deliveries and services under purchase, works or service contracts and other agreements, including those arising from future business transactions and continuing obligations. The applicability of any of the Customer’s general terms and conditions is expressly excluded.

2. Offers, order confirmationUnless expressly agreed otherwise, offers are non-binding. The customer is bound by an order for 5 days. An order is considered accepted only once we have confirmed it in writing or have begun delivery or providing the service within this period. We reserve the right to make changes to models, designs or specifications, provided these do not result in changes to the subject matter of the contract that are unreasonable for the customer. We will not make any changes ourselves, but cannot prevent the respective manufacturers from doing so.

3. Conclusion of contractThe offers of Wiepa BüroFachPartner GmbH on its websites are non-binding. The product displays in online shops do not constitute legally binding offers, but rather non-binding online catalogs. By clicking the “Place order” buttons, you submit a binding order for the goods in your shopping cart. Confirmation that your order has been received is sent immediately after you submit it and does not yet constitute acceptance of the contract. We may accept your order by sending an order confirmation by email or by delivering the goods within five days.

4. Prices-4.1 The prices agreed at the time the contract is concluded shall apply. We are bound by these prices for four months. If delivery is to take place more than four months after the contract is concluded, we are entitled to charge the prices applicable at the time of delivery.

-4.2 Prices are quoted unpacked ex main distribution centre.

5. Delivery-5.1 In the event of force majeure, such as mobilisation, war, civil unrest, natural disasters, etc., we are entitled to postpone the performance of our services for the duration of the disruption plus a reasonable start-up period thereafter, or to withdraw from the contract if performance is or becomes actually or economically impossible. This also applies in commercial transactions if we are not supplied within a reasonable period and can prove that we have entered into a contract with a supplier for the subject matter of the contract (cover transaction). In all these cases, however, the customer is not entitled to withdraw from the contract if they are responsible for the impediments.

-5.2 Partial deliveries are permitted.

-5.3 If the customer requests a different version before delivery and we agree to the request, the delivery period will be suspended. The delivery period will then start again.

-5.4 If the customer is in default of acceptance, we are entitled, after expiry of an additional period set by us, to refuse to perform the contract and claim damages. Instead, we may also dispose of the goods elsewhere and deliver to the customer within a new, reasonable period. Damages amount to 30% of the agreed licence fee, whereby the customer remains free to prove that no damage has occurred or that it occurred to a lesser extent.

-5.5 If, at the customer’s request, we ship the goods under the contract, they are shipped at the customer’s risk. For all deliveries, the risk of loss of the goods passes to the customer when they are handed over to the carrier, freight forwarder or any other person designated to carry out the shipment. The above provisions on risk in the case of shipment sales do not apply if the customer has purchased goods for private use (consumer goods purchase). If shipment is delayed at the customer’s request, the customer is in default of acceptance as soon as we send the customer written notification that the goods are ready for shipment. In this case, beginning two weeks after receipt of the notification that the goods are ready for shipment, we are entitled to charge the customer for storage costs at a rate of at least 1% of the invoice amount per month. If shipment is delayed, the risk of damage to or loss of the goods passes to the customer when the customer receives notification that the goods are ready for shipment. This also applies in the event of default of acceptance. We reserve the right to choose the method of shipment.

6. Payments-6.1 Payments may only be made to us or to persons authorised by us in writing. Invoices are payable by the date stated or, if no date is stated, within 14 days of the invoice date, net cash, free of charges to the payee. Payments are deemed to have been made at the place where we can access the amount. Cheques and bills of exchange are accepted, if at all, only on account of payment and are considered paid only once honoured. Discount charges and costs are borne by the customer. Payments may only be made in the agreed currency.

6.2 Notwithstanding any provision made by the customer, we alone determine how incoming payments are allocated among multiple claims.

6.3 Partial deliveries and subsequently delivered additional equipment will be invoiced separately in each case. These General Terms and Conditions apply.

6.4 In the event of the customer's default on payment, we are entitled to charge interest on arrears at the statutory rate, without prejudice to any other statutory rights. If the customer purchases primarily for private purposes (as a consumer), this rate is 5%; for other transactions, it is 8% above the applicable base rate of the European Monetary Union, plus the applicable statutory VAT. Interest is payable immediately.

7. Retention of title-7.1 Until all claims (including all balance claims on current account) that we have against the customer now or in the future on any legal grounds have been satisfied, the following securities shall be granted to us. We will release them at our discretion upon request if and when their value permanently exceeds the secured claims by more than 20%:

- The goods remain our property until all claims arising from the relevant contract have been fully settled.- The customer may resell goods subject to retention of title in the ordinary course of business. The customer is not entitled to transfer ownership of or pledge goods subject to retention of title as security.- -- The goods may only be resold if the retention of title is passed on to the buyer. If the customer fails to pass on the retention of title when reselling the goods, the customer hereby assigns to us all claims against the buyer. This also applies to any balance claim under a current account agreement if the customer has entered into such an agreement with their buyer. We hereby accept the assignment.

- We may require the customer to disclose the assigned claims and the debtors liable for them. We are then entitled, at our discretion, to disclose the assignment.

-7.2 If the customer defaults on payment, if third parties access goods subject to retention of title, or if the customer becomes insolvent, we are entitled to enter the customer's business premises and take possession of the goods to enforce our retention of title. The customer hereby authorises our employees to enter their business premises at any time to secure the goods. The bailiff is authorised to hand the goods over to us once the attachment has been lifted.

-7.3 The customer must immediately notify us of any enforcement action taken by third parties against goods subject to retention of title and provide the documents necessary for us to intervene. This also applies to any other impairments. The customer must also inform third parties in advance of the rights to the goods.

8. Delay, impossibility-8.1 If we are late in providing an item and are found to have acted with gross negligence or intent in relation to the delay, we will compensate the customer for all resulting damages. In cases of ordinary negligence, the customer’s claims are excluded.

-8.2 If the supplier fails to deliver, either party is entitled to withdraw from the contract. We are released from our delivery obligation only once we have demonstrated that we actually placed the order with the supplier.

9. Warranty-9.1 We provide warranty coverage as follows:- If the customer purchases primarily for private purposes (consumer purchase): 24 months; for all other transactions, 12 months. The warranty period begins when the risk passes to the customer. During this period, we will remedy free of charge any defects reported by the customer in writing in a clear and verifiable manner. At our discretion, we will remedy the defect by repairing it, working around it or supplying a replacement item. If the customer purchases primarily for private purposes (consumer purchase), they may choose whether to have the defect repaired or receive a replacement. In either case, the customer must compensate us for any benefits they have derived from using the defective item up until delivery of the replacement.

- If we offer the customer a fault-free but used device as a replacement, the customer may choose whether to receive a new device and compensate us for the benefits of use, or accept the used device. In the latter case, no compensation for the benefits of use is due.

- If at least two attempts to remedy each defect fail, the customer may choose to request a reduction in the price, withdraw from the contract or—if the relevant conditions are met—claim damages instead of performance.

-9.2 Any further claims the customer may have against us are excluded, in particular claims for compensation for damage not caused to the contractual item itself. This does not apply where liability arises in cases of intent or gross negligence.

-9.3 Warranty for defects does not cover items subject to natural wear and tear, such as rubber parts, fuses, batteries, ribbons, etc. Nor does it cover damage occurring after the transfer of risk as a result of improper or negligent handling, excessive use, unsuitable operating materials, or chemical, electrochemical, electrical or atmospheric influences.

-9.4 The warranty does not apply to defects resulting from the customer having additional devices installed that have not been approved by us, work performed by persons not authorized by us or the manufacturer of the goods, or the contractual items being modified or expanded by the customer, unless the customer proves that such modifications or extensions did not cause the defect. If, after inspection, the defect reported by the customer cannot be verified, the customer shall bear the inspection costs, provided they are a merchant.

-9.5 Complaints about incomplete or incorrect deliveries and obvious defects must be reported in writing within 10 days of receipt of the delivery at the latest.

-9.6 If the customer is a merchant, they must inspect the delivery immediately for any apparent defects and notify us of any defects found in writing without delay, and no later than 48 hours after receiving the delivery.

-9.7 If defects are found, we will, at our discretion, repair the goods under the contract at our premises or at the customer’s premises. If the customer is a business, they shall bear the costs of travel to and from the premises and packaging. If the repair can be carried out at our premises and the customer is a business, they must send us the defective goods at their own expense in their original packaging. If a defect can only be repaired at the customer’s premises, we will bear the resulting costs only up to the location where the goods were to be used when the contract was concluded. If nothing has been agreed and nothing else can be inferred from the circumstances, we are only obliged to carry out repairs at the customer’s premises. The customer shall bear any additional costs arising because they have moved the goods to a location other than the originally intended place of installation or their premises.

-9.8 If claims are brought against the customer for infringement of German intellectual property rights by items supplied or licensed under these terms, we will reimburse the customer for all costs and damages awarded by final judgment, provided that we are notified of such claims immediately and in writing, receive all necessary information from the customer, the customer fulfils their general duty to cooperate, we are able to make the final decision on whether to defend or settle the claim, and we are at fault for the infringement of the intellectual property rights. If it is finally determined that further use of the contractual items infringes third-party German intellectual property rights, or if in our opinion there is a risk of an intellectual property infringement action, we may, unless liability is excluded, at our own expense and at our discretion, either obtain the right for the customer to continue using the contractual items, replace or modify them so that the infringement no longer exists, or, upon return of the contractual item, reimburse the customer for its value less compensation for the use made up to that point. Compensation for use is calculated on the basis of an assumed depreciation period of 3 years, so that 1/36 of the price is payable for each month of use.

-9.9 Handling third-party warrantiesWarranties are promises of performance made by the manufacturer to the customer. They therefore create no obligations whatsoever for us. The customer is responsible for meeting, at their own expense, the requirements for making a warranty claim. In particular, the customer bears the costs of transport to and collection from the manufacturer, assembly and disassembly, and, where applicable, the cost of a replacement device. We are expressly willing to carry out the above work on the customer’s behalf. This requires a separate service order from the customer, which is subject to a fee.

10. Liability-10.1 We are liable for our employees, agents and subcontractors for damages

a) unlimited in amount, also in cases of slight negligence resulting in injury to life, body or health;b) as required by law, without limitation of the amount of damages, for damage caused intentionally or through gross negligence by our legal representatives and senior executives, or by a serious organisational failure;c) in cases other than a) and b), limited to damages that are typical and foreseeable in connection with the contractual use of our services, namelyaa) for damage resulting from the culpable breach of material contractual obligations,bb) for damage caused by our ordinary agents acting with gross negligence or intent without breaching material contractual obligations,cc) where a case of impossibility, initial inability or delay applies.

Our liability for fraudulent concealment and under the German Product Liability Act remains unaffected.

-10.2 Our liability under the foregoing section 10.1 c), particularly for consequential damages, is limited for each individual claim to an amount up to the purchase price per damage event, and to twice that amount in total per year; in the case of continuing obligations, it is limited to the fee for 12 months, likewise per damage event and to twice that amount in total per year.

-10.3 Exclusion of the right to withdraw: The customer has no right to withdraw if the claim is based on breaches of duty for which we are not responsible and which do not involve the delivery of newly manufactured defective goods or the manufacture of defective work.

-10.4 The customer must accept contributory negligence, such as inadequate cooperation (including insufficient error reports, organisational errors or inadequate data backups). We are liable for restoring data only if the customer has taken the usual and reasonable precautions to back up data and ensured that data and programs stored in machine-readable form can be reconstructed at a reasonable cost. In particular, the customer is required to back up data before any of the aforementioned work and verify that the backup was successful. If the customer has not done so, they must inform our employee before any work begins. If our employees are to perform the data backup and verify that it was successful, the customer will bear the costs. The costs are calculated according to our current price list.

11. SubcontractorsWe are entitled to have contractual services performed by subcontractors. In this case, we remain responsible for the warranty.

12. Set-off / right of retentionThe customer may only set off claims that are undisputed or have been established by a final court ruling. In the event of a valid complaint about defects, a right of retention is permissible only in a reasonable and proportionate relationship to the defect and purchase price. If the transaction is a commercial transaction between merchants, the customer may withhold payment only if we have accepted the complaint about defects.

13. Prohibition of assignmentThe customer’s rights arising from transactions with us may not be transferred without our written consent.

14. Right of withdrawal  -14.1 Right of withdrawal You may withdraw from your contractual agreement within 14 days without giving any reason, in text form (e.g. letter, fax, email) or—if the goods are provided to you before the deadline expires—by returning the goods. The period begins upon receipt of this notice in text form, but not before the goods are received by the recipient (for recurring deliveries of similar goods, not before receipt of the first partial delivery), and not before we have fulfilled our information obligations under Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the withdrawal deadline, it is sufficient to send the notice of withdrawal in good time.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the fax withdrawal form provided here, but this is not mandatory.

You can complete and submit the withdrawal form electronically on our website at http://shop.wiepa.com/widerrufsformular. If you use this option, we will promptly send you confirmation (e.g. by email) that we have received your withdrawal. To meet the withdrawal deadline, it is sufficient to send your notice exercising your right of withdrawal before the deadline expires. Please send your withdrawal to:Wiepa Bürofachpartner GmbHFritz-Haber-Str. 465203 Wiesbaden-BiebrichFax: 0611/92847-20mail: info@wiepa.com

Managing Director: Tobias Ullmann

14.2 Consequences of withdrawal: If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the initial transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us without undue delay and, in any event, no later than fourteen days from the day on which you notify us that you are withdrawing from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You will bear the direct costs of returning the goods.

If you effectively withdraw from the contract, both parties must return the goods and services received and surrender any benefits derived (e.g. interest). If you are unable to return or surrender the goods or benefits received (e.g. benefits of use), or can do so only in part or in a deteriorated condition, you must compensate us for the loss in value. You are only required to compensate us for any deterioration or benefits derived if this results from handling the goods beyond what is necessary to check their nature and functioning. “Checking their nature and functioning” means testing and trying out the goods, as would be possible and customary in a shop.

Exclusion of the right of withdrawal

The right of withdrawal does not apply, among other things, to contracts for the supply of goods made to the customer’s specifications or clearly tailored to their personal needs, or which by their nature are not suitable for return or may deteriorate quickly or whose expiry date would be exceeded; to the supply of audio or video recordings or software if the data carriers supplied have been unsealed by you; or to the supply of newspapers, magazines and periodicals (unless you submitted your declaration of intent to purchase newspapers, magazines and periodicals by telephone).

End of the cancellation policy

Please note:

Please avoid damaging or soiling the goods. If possible, please return the goods in their original packaging with all accessories and packaging components. If you no longer have the original packaging, please use suitable packaging to prevent damage in transit.

The above arrangements are not a prerequisite for the effective exercise of the right of withdrawal.

15. General Provisions

-15.1 We store the contract text and send you the order details by email. You can view the Terms and Conditions at any time here. You can view past orders in your customer account.15.2 If one or more of the foregoing terms is or becomes invalid, or contains a gap, the remaining terms remain unaffected. In such a case, the parties are obliged to replace an invalid provision with a valid one that most closely reflects the economic purpose of the invalid provision. The same applies to filling any gaps.

-15.3 Any agreements that deviate from or supplement the provisions set out above are valid only if made in a written addendum to the contract concluded by the parties, which refers to the amended terms. Any waiver of this written-form requirement must also be made in writing.

-15.4 The place of performance for all obligations under this contract is our registered office.

-15.5 The exclusive place of jurisdiction for all disputes arising from the contractual relationship or concerning its validity shall, if the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law, or is domiciled abroad, be, at our discretion, either our place of business or the customer’s place of business.

-15.6 This contractual relationship is governed exclusively by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.

- 15.7 Alternative dispute resolution under Article 14(1) of the ODR Regulation and Section 36 of the VSBG: The European Commission provides a platform for online dispute resolution (ODR), which you can find at ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.