Terms of service

This English version is a convenience translation. In case of dispute, the German version prevails.

General Terms and Conditions of Sale and Delivery of Wemarto GmbH for orders placed via the online shop · August 2026 edition

1. Scope and customer base

These terms and conditions apply to all orders placed via our online shop and to all deliveries by Wemarto GmbH.

Our offer is directed exclusively at entrepreneurs (business customers) within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or self-employed professional activity, as well as at legal entities under public law and special funds under public law. Contracts with consumers within the meaning of Section 13 BGB are excluded. By placing an order, the customer confirms that they are acting as an entrepreneur.

Individual written agreements take precedence over these terms and conditions. We do not recognise any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing.

2. Conclusion of contract in the online shop

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.

By submitting an order, the customer makes a binding offer to purchase the goods contained in the shopping cart. Receipt of the order is confirmed immediately by e-mail. This confirmation of receipt does not constitute acceptance of the offer.

The contract is concluded as soon as we accept the order by means of a separate order confirmation or dispatch the goods. We are entitled to reject an order without stating reasons, in particular if the customer's status as an entrepreneur has not been demonstrated.

A minimum order value of EUR 50.00 net plus shipping costs applies to orders placed via the online shop. We cannot accept orders below this value via the shop. For smaller quantities, please contact vertrieb@wemarto.de.

3. Quotations outside the shop

Written quotations are valid for 30 days. Quotations sent by fax or e-mail are equivalent to written quotations. For custom-made parts, the customer shall accept quantity deviations of up to 10%. The minimum order value of EUR 50.00 net also applies outside the shop.

4. Prices

The prices stated in the online shop are in euros plus statutory VAT. Shipping costs are shown separately during the ordering process and are added to the price.

Prices for individual quotations outside the shop are also net in euros plus statutory VAT. Unless otherwise provided in clause 7, freight costs for packaging and transport are not included.

For deliveries to companies with a valid VAT identification number in another EU member state, the delivery is made as a tax-exempt intra-Community supply, provided the legal requirements are met and the VAT ID number has been communicated to us before invoicing.

5. Terms of payment

The payment methods offered during the ordering process are available. Unless otherwise agreed, invoices are due for payment within 30 days of the invoice date without deduction. First orders are delivered against advance payment.

After expiry of the payment period, the customer is in default without a reminder being required. Default interest amounts to 9 percentage points per annum above the base rate (Section 288(2) BGB). We reserve the right to claim further damages caused by default as well as the lump sum pursuant to Section 288(5) BGB.

The customer is only entitled to a right of retention or set-off insofar as their counterclaims are undisputed or have been finally established by a court.

6. Retention of title

We retain title to the delivered goods until all payments arising from the business relationship have been received in full. The customer is obliged to treat the goods subject to retention of title with care and to insure them adequately. The customer must inform us immediately of any third-party access to the goods subject to retention of title.

7. Delivery and transfer of risk

Deliveries within Germany are free of shipping costs for goods valued at EUR 120.00 net or more. Below this value, we charge the shipping costs shown during the ordering process, based on weight. For deliveries abroad, the customer bears the freight costs at the applicable rates of the shipping provider. The place of performance is Wöllstadt.

As we deliver exclusively to entrepreneurs, the risk of accidental loss and accidental deterioration passes to the customer upon handover to the transport service provider.

Stated delivery times are non-binding unless they have been expressly agreed as binding. Delivery delays due to force majeure, strikes, official measures or disruptions in the supply chain release us from our delivery obligation for the duration of the disruption.

8. Notice of defects and warranty

The customer must inspect the goods immediately upon receipt in accordance with Section 377 of the German Commercial Code (HGB) and give written notice of identifiable defects immediately, at the latest within seven calendar days. Hidden defects must be reported immediately after discovery. If the customer fails to give notice, the goods are deemed approved.

The limitation period for claims based on defects is 12 months from the transfer of risk. This does not apply to claims for damages arising from intent or gross negligence or from injury to life, body or health.

In the event of a justified notice of defects, we shall, at our discretion, provide subsequent performance by remedying the defect or delivering a replacement. If subsequent performance fails twice, the customer may reduce the price or withdraw from the contract.

9. Liability

We are liable without limitation in cases of intent and gross negligence as well as for injury to life, body or health. In cases of simple negligence, we are only liable for the breach of a material contractual obligation and limited to the foreseeable damage typical of the contract at the time of its conclusion. Liability under the German Product Liability Act remains unaffected.

10. Confidentiality

Technical documents, drawings and data transmitted in the course of the business relationship must be treated confidentially and may not be passed on to third parties without our consent. This also applies after the end of the business relationship.

11. No right of withdrawal

As our offer is directed exclusively at entrepreneurs, there is no statutory right of withdrawal pursuant to Section 355 BGB. Provisions on returns as a gesture of goodwill can be found under Returns and Warranty.

12. Data protection

Information on the processing of personal data can be found in our privacy policy.

13. Place of jurisdiction and applicable law

The exclusive place of jurisdiction for all disputes arising from the business relationship is the registered office of Wemarto GmbH in Wöllstadt. We are also entitled to bring an action at the customer's registered office.

German law applies exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.