WÜSTHOF UK Ltd
Suite 1, 7th Floor
London SW1H 0BL
Registration number: 14242735
VAT Number: UK4295882 51
Managing Directors: Brankica Tepelidis-Leinhos, Florian Kohfink
Phone: +49 212 20 67-0
(hereinafter: "WÜSTHOF", "we", "us", etc.).
2.1 These WÜSTHOF general terms and conditions apply to all orders placed by business customers (Business T&Cs). You are a business customer if you are buying our goods or services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual (hereinafter: “Business Customers” or “you”). In particular, they also apply to all orders placed per email@example.com. For orders for your needs as a consumer, please visit our online store on the website www.wusthof.co.uk.
2.2 These Business T&Cs apply exclusively. The version valid at the time of the order shall apply in each case, unless otherwise agreed. We do not accept deviating or conflicting terms and conditions of the Business T&Cs without express written consent or consent in text form, even if we had knowledge of them and execute the order without reservation.
2.3 Our sales staff and other personnel are not authorized to make verbal agreements with Business Customers that modify, supplement or exclude these general terms and conditions, except in the case of managing directors, authorized signatories or duly authorized representatives.
3. Order process and contract conclusion
3.1 Awards and price quotations contained in brochures, advertisements and other advertising material are non-binding. Offers are non-binding and in principle do not constitute a binding offer to conclude a purchase contract, unless the offer is expressly designated as binding. The same applies to the presentation of goods in the WÜSTHOF Partner Portal. The conclusion of a purchase contract is also subject to the availability of the ordered goods.
3.2 Only persons aged 18 years and above are entitled to place an order.
3.3 We are entitled to accept your contract offer in your order within 2 weeks after receipt by us and thereby conclude the contract. As a rule, this is done by sending an order acceptance. A notification of the dispatch of the ordered goods shall also be deemed to be an acceptance of the order.
3.4 The following applies to orders for goods in the WÜSTHOF Partner Portal:
3.4.1 Our WÜSTHOF Partner Portal is aimed exclusively at Business Customers for whom we have set up a customer account on request
3.4.2 Orders placed via the WÜSTHOF Partner Portal will only be delivered to Business Customers with a delivery address in the United Kingdom
3.4.3 First, you must log in with your Business Customer account so that the prices and conditions stored for you as a Business Customer can be taken into account. Then, add the desired good or goods to the shopping cart in the WÜSTHOF Partner Portal. If you do not wish to agree individual prices and conditions with us, you can also order in our regular webshop at www.wusthof.com without a Business Customer account.
3.4.4 To order your goods, go to the shopping cart view and check if everything is entered correctly. You can make corrections by deleting goods or adding other goods.
3.4.5 If you are satisfied with the contents of your shopping cart, simply click on “Order”. If your billing address has not yet been entered or needs to be changed, you can enter or change it afterwards in the ordering process. You can also specify a different delivery address. The information marked with an asterisk* are mandatory fields that we need in any case to be able to process your order.
3.4.6 Shipping method and payment method are already stored in the customer account. Depending on the agreed conditions, payment is made by bank transfer after receipt of the invoice or by direct debit (SEPA direct debit or SEPA business direct debit).
3.4.7 By subsequently clicking on “Buy” you place your order. This, at the latest, constitutes a binding offer to conclude a purchase contract. We are entitled to accept this offer within 2 weeks of receipt and thereby conclude the contract.
3.4.8 Upon receipt of your order, we will send you an email designated as order confirmation. This order confirmation is not yet an order acceptance or binding acceptance, but a confirmation of receipt that merely reflects the data of the order received by us.
3.4.9 Within the scope of an order via the WÜSTHOF Partner Portal, you can take and save these Business T&Cs in the version valid for the order from the order confirmation.
3.4.10 We will also send you a shipment notification email after receiving the order and successful payment.
3.4.11 If one or more goods from an order are not in stock, but other goods from the same order are in stock, we will note this in the shipping notification. We will handle the order process for the goods in stock in this case, unless you instruct us otherwise. The goods ordered by you, which are not in stock, we will – as far as possible – deliver to you within 14 days. If the delivery of the ordered goods not in stock is not possible even then, we shall refrain from issuing a declaration of acceptance regarding these goods. In this case, a contract is not concluded with regard to these non-stocked goods (cf. also clause 3.1). We will inform you of this immediately and refund any amounts already paid in respect of these goods without undue delay.
3.4.12 If it is not possible to deliver any of the goods ordered by you, we shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded (cf. also clause 3.1). We will inform you of this immediately and refund any consideration already received without undue delay.
3.5 If goods from a uniform order process are shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, unless the order has already been accepted in some other way, a separate contract is concluded between you and us with regard to each shipping confirmation.
3.6 If our declaration of acceptance is made in a manner other than by shipment of the goods, the purchase contract shall be subject to the reservation that, in the event of incorrect or improper self-delivery by suppliers, we shall not perform or shall only perform in part. This shall only apply in the event that we are not responsible for the non-delivery, in particular if a corresponding covering transaction has been concluded with suppliers. In the event of non-availability or only partial availability of the service, the Business Customer will be informed immediately and any amounts already paid will be returned to the Business Customer without delay.
4. Right of withdrawal and consequences of withdrawal
For Business Customers, there is no legal right of withdrawal, including for orders placed in the WÜSTHOF Partner Portal.
5. Prices and terms of payment
5.1 All prices are quoted in GBP and are ex works, unless otherwise agreed. Prices are also exclusive of statutory value-added tax (where applicable) at the applicable current rate chargeable in the UK for the time being and exclusive of freight, postage and other shipping costs. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods in full before the change in VAT takes effect. If prices are not expressly agreed, the prices of the price list valid at the time of the order shall apply.
5.2 Shipping costs are based on the conditions agreed with you.
5.3 Please note that sometimes we can only offer special offers for a limited period of time. In addition, offers are subject to availability. The availability of a product may depend on the specifications of the Business Customer (series, blade length for knives, etc.).
5.4 Unless we have agreed otherwise with you in writing, the purchase price owed by you shall be paid without deduction within 30 days after our confirmation of dispatch has been received by you and the goods have been delivered.
5.5 If you are in default of payment, we shall be entitled to charge interest at a rate of 8 percentage points above the Bank of England base rate as well as a lump sum for costs of £40.00 from this point in time. The assertion of further damage caused by default remains unaffected.
5.6 If the Business Customer does not meet his payment obligations, in particular if it can be proven that enforcement measures have been unsuccessful, the Business Customer has ceased payments or insolvency proceedings have been applied for, we shall be entitled to demand the entire remaining debt from the contract. In this case, we shall also be entitled to demand advance payments or securities with regard to all other contracts.
5.7 Any errors in WÜSTHOF's invoices must be notified by the Business Customer within eight days of receipt of the invoice. The right of the Business Customer to assert the incorrectness of the invoice after expiry of the deadline remains unaffected.
6. Set-off and right of retention
You are only entitled to offset against our claims if your claims have been legally established, we have acknowledged them or if your claims are undisputed. This does not apply to offsetting against our claims if you assert notices of defects or counterclaims from the same purchase contract. As a Business Customer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
7. Shipping, delivery and delivery time
7.1 Delivery dates and deadlines are only valid if they are expressly confirmed by WÜSTHOF.
7.2 WÜSTHOF reserves the right to choose the mode and route of shipment, unless otherwise agreed in the respective order. Transport insurance will only be taken out upon special request and at the expense of the purchaser. For orders in the WÜSTHOF Partner Portal, the delivery of the ordered goods is carried out via parcel services and – if no or no deviating delivery time is specified for the respective goods – without prejudice to clause 7.1 within 5 to 6 working days. Delivery will be made to the delivery address specified by you during the ordering process.
7.3 We shall be entitled to make partial deliveries insofar as these are reasonable for you. If partial deliveries are made at our request, we shall bear additional shipping costs. If the partial deliveries are made at your request, we shall charge you shipping costs for each partial delivery in accordance with clause 5.2.
7.4 If a delivery of goods arrives damaged, we ask you to notify the parcel service staff immediately of the damage to the goods, if this is already apparent upon receipt of the package, and to document the extent of the damage (e.g., by photographs or a protocol). Your warranty rights shall not be restricted, irrespective of clause 8.2 your warranty rights are not restricted if you do not comply with our request. You may refuse to accept damaged goods directly to the parcel service staff or return the damaged goods to us.
7.5 If you have any further questions, please feel free to contact our customer service at:
Phone: +49 212 20 67-0
8.1 In the event of defects in the delivered goods, the Business Customer shall be entitled to the statutory rights, unless otherwise stipulated below for claims for damages. Warranty claims shall become statute-barred 12 months after the statutory commencement date, unless the purchased item has been used for a building in accordance with its customary use and has caused its defectiveness.
8.2 In case of obvious defects of the delivered goods, it is incumbent upon the Business Customer to notify these in text form within two weeks from delivery. If obvious defects are not notified in due time and form, the warranty shall not apply in this respect.
8.3 Illustrations, drawings, dimensions or weight specifications in catalogs, product descriptions or in the WÜSTHOF Partner Portal are only approximately authoritative and do not constitute an agreement on quality unless the information contained therein has been expressly designated by us as binding; to this extent, deviations in the delivered goods also do not constitute a defect. If we have expressly and separately agreed with you on a deviation from the objective requirements of the goods, the corresponding deviation shall also not constitute a defect.
8.4 Any seller’s warranties given by us for certain goods or manufacturer’s warranties granted by the manufacturers of certain goods shall be in addition to the claims based on material defects or defects of title within the meaning of clause 8.1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the goods.
9.1 Nothing in these Business T&Cs shall limit or exclude our liability for:
9.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
9.2.2 fraud or fraudulent misrepresentation; or
9.2.3 liability that cannot be excluded under law or breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
9.2 Save in respect of the losses set out at clause 9.1:
9.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us, including any loss you suffer in connection with your trade, business, craft or profession; and
9.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for goods under such contract
9.3 The exclusions or limitations set out in clause 9.2 shall not apply if and to the extent any guarantee expressly given to the Business Customer in writing provides otherwise.
9.4 Except as expressly stated in these Business T&Cs, we do not give any representations, warranties or undertakings in relation to the goods. Any representation, condition or warranty which might be implied or incorporated into these Business T&Cs by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes. Unless the Business Customer notifies WÜSTHOF that it intends to make a claim in respect of an event within [three (3)] months starting on the day on which the Business Customer wishing to make a claim became, or ought reasonably to have become, aware of its having grounds to make a claim in respect of the event, WÜSTHOF shall have no liability for that event. The notice must be in writing and must identify the event and the grounds for claim in reasonable detail.
10. Retention of title
10.1 We retain title to all goods delivered by us until full payment of the respective order and all claims against the Business Customer already accrued at the time of conclusion of the contract, including all ancillary claims. Insofar as the delivered goods are still subject to retention of title, they are hereinafter referred to as “Reserved Goods”.
10.2 The Business Customer is entitled to use and sell the goods subject to retention of title in the ordinary course of business until the occurrence of an enforcement event. Pledges and transfers of ownership by way of security are not permitted until the transfer of ownership of the Reserved Goods to the Business Customer.
10.3 In the event of resale of the goods subject to retention of title, the Business Customer already now assign to us by way of security the claims arising therefrom. The same shall apply to other claims which take the place of the Reserved Goods or otherwise arise with regard to the Reserved Goods, such as insurance claims or claims in tort in the event of loss or destruction. We revocably authorize the Business Customer to assert the assigned claims in his own name; we may only revoke this authorization in the event of realization.
10.4 If third parties gain access to the goods subject to retention of title, in particular by seizure, the Business Customer shall immediately notify such third parties of our ownership and inform us thereof in order to enable us to enforce our ownership rights. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action, the Business Customer shall be obliged to reimburse us.
10.5 If we withdraw from a contract in the event of a breach of contract by the Business Customer, in particular in the event of default in payment (enforcement event), we shall be entitled to demand the return of the goods subject to retention of title and to demand that the Business Customer informs us of the claims assigned to us pursuant to clause 10.3 and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
11. Copyrights and Data Protection
11.1 We have copyrighted rights to all images, films and texts published on the WÜSTHOF Partner Portal. Use of the images, films and texts is not permitted without our express written consent.
11.2 We refer to our data protection notice available at www.wusthof.co.uk
12. Customs control
12.1 By purchasing goods from us, the Business Customer confirms that the goods will not be used for military, nuclear or terrorist purposes.
12.2 Your order may be subject to import duties and taxes which are applied. Please note that we have no control over these charges and we cannot predict their amount.
12.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
12.4 You must comply with all applicable laws and regulations of the country for which the goods are ultimately destined. We will not be liable or responsible if you break any such law.
13. Prices and terms of payment
13.1 The place of performance for all obligations arising from the Businses T&Cs is England and Wales, unless otherwise stated in the order acceptance.
13.2 The legal relations between the contracting parties shall be governed exclusively by the laws of England and Wales, excluding the UN Convention on Contracts for the International Sale of Goods.
13.3 All agreements made between WÜSTHOF and the Business Customer for the purpose of executing this contract are set forth in writing or in text form in the corresponding contract (order, order confirmation, payment confirmation, and shipping confirmation) and these Businses T&Cs. No verbal ancillary agreements have been made and no variation of the Businses T&Cs shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
13.4 If any provision or part-provision of the Businses T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Businses T&Cs. If any provision or part provision of the Businses T&Cs is deemed deleted under this clause 13.4, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the commercial result of the original provision.
13.5 We may assign or transfer our rights and obligations under the Business T&Cs to another entity.
13.6 If you are a Business Customer, the exclusive place of jurisdiction shall be England and Wales. However, we shall also be entitled to take legal action at the Business Customer’s place of business. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.