The following standard contract terms shall apply to all deliveries and offers of WNS-Europe.com AG. Counter-confirmations of the buyer with reference to its own standard or sales terms and conditions are hereby objected to. Any deviations to these standard terms shall only be effective if WNS-Europe.com AG has confirmed such deviations in writing.
2. Offer and Object of the Contract
Our offers shall not be binding in relation to performance, quantity and collateral performance. The offer regarding quantity of supply shall be limited to the inventory on hand and is made in the form of a non-specific obligation limited by individual contract. We hereby expressly reserve the right to make technical modifications.
3. Prices, Postage and Packaging, Partial Delivery
(1) Generally, our prices shall be those referred to in our product basket on our website at the time of order.
Prices that deviate from this, which may be seen on pages that were downloaded from intermediate storage facilities
(Browser-Cache, Proxies), may not be current and are thus invalid.
It is not possible to save our product basket temporarily.
We reserve the right to correct prices that result from typographical errors or errors in calculation.
In the absence of any express agreement in writing to the contrary, our prices shall be effective from the
distribution centre excluding packaging, freight or possible cash on delivery charges.
All prices on our website exclude statutory VAT.
VAT will be added to the prices on the final invoice in as far as the customer does not chose any non EU
country as the country of delivery or, as a company within the EU but outside Germany, does provide a valid VAT-No.
In this second case the application of the VAT reduction is subject to verification of the VAT-No. and can
therefore be delayed by 1 to 2 working days.
(2) Packaging materials shall become the property of the customer and will be charged by WNS-Europe.com AG
in the postage and packaging costs.
(3) Costs for postage and packaging are to be borne by the customer.
They will depend on the form of shipment, form of payment, weight and shipping destination.
They will be calculated and displayed in the product basket prior to any online order or,
in the event of an order by telephone, they shall be quoted and shown separately on the invoice.
The mode of shipment shall be chosen by the customer or, in the absence thereof, by WNS-Europe.com AG
according to the most feasible arrangement.
An overview of the applicable shipment and payment options as well as the relevant prices shall
be published on our website.
(4) In the event of partial shipments that have been arranged or offered by WNS-Europe.com AG,
follow-up shipments shall be made free of shipping charges.
In the event that a customer wishes for shipment in specific lots, the additional costs for the shipment
of each lot shall be borne by the customer
4. Delivery Period
(1) The delivery periods are dependent on the products and are displayed on our website through symbols
and specific comments for each product.
In the event that a delay occurs after an order has been made, the customer shall automatically be informed by e-mail.
Provided that he is the consumer, the customer is entitled to cancel his/her order or to make modifications to such
order free of charge at any time before the product is delivered, unless otherwise agreed.
(2) In the event that delivery is impossible, without this being the responsibility of anyone,
WNS-Europe.com AG shall be entitled to terminate the contract.
The customer shall not be entitled to damages as a result thereof.
5. Passage of risk and warranties
(1) If the customer picks up the goods at the premises of WNS-Europe.com AG, then the risk of accidental
loss or accidental damage to the goods shall pass from WNS-Europe.com AG to the customer at the time when
the goods are transferred to the customer. In all other cases, this risk shall pass to the customer as soon
as the goods have been delivered to the customer by the company that was commissioned to deliver the goods.
(2) The warranty period shall begin at the time when the goods are delivered. The statutory warranty provisions
shall apply. Provided that the customer is the consumer, the periods of limitation for statutory claims for
defects shall be two years.
(3) If the customer is a merchant the limitation period for warranty claims is one year.
(4) WNS-Europe.com AG shall not be liable for normal wear and tear of the good or defects which
are a result of incorrect or negligent handling or treatment or which are caused by unusual conditions of use.
(5) If the delivered item has been repaired or modified by the customer or by a third party without written
approval by WNS-Europe.com AG, all warranty rights shall expire. Sentence 1 shall not apply if the customer
proves beyond doubt that the defects at issue have not been caused by the modifications carried out by him or the
third party. If the customer is a consumer, i.e. any natural person who enters into a legal transaction for a
purpose which can be attributed neither to his/her commercial or independent professional activities, then during
the first 6 month after the passing of the risk it will be presumed that the item was defective at the passing of
the risk pursuant to § 476 of the German Civil Code.
(6) Alterations of design and form which are a result of technology improvements or demands of the legislature
shall be reserved during the delivery period, provided that the item to be delivered is not substantially altered
or modified and that the customer can reasonably be expected to accept such modifications.
6. Restrictions on Liability
(1) The following restrictions on liability shall not apply to damage which occurs as a result of intentional
acts or gross negligence or damage to life, body or health.
(2) Irrespective of their legal basis claims for damages which are directed either against WNS-Europe.com AG
or its agents shall be limited to the amount which WNS-Europe.com AG reasonably expected to receive at the
conclusion of the contract. Where the damage does not result from the violation of an essential contractual
obligation, the amount of damages shall be limited to a maximum amount of ten times the contractual value.
The customer shall be responsible for the safe storage of its data. WNS-Europe.com AG is only liable for
those expenses, which are necessary for the recovery of data presuming regular backups undertaken by the customer.
(1) Unless otherwise agreed, all invoices by WNS-Europe.com AG shall be payable immediately without any deductions.
(2) The customer shall be entitled to choose among several different payment options which shall be offered
depending on the order amount, the mode of delivery, the shipment address, and the preferences specified in the
customers account. The various possibilities are displayed in the product basket and are described in the info area
of our website.
(3) WNS-Europe.com AG hereby reserves the right to fill the order only against cash on delivery or payment in
advance in individual cases or in the event that a bank or an offeror of the respective payment mode has
rejected payment. In such cases, the customer shall be entitled to accept or revoke his/her order.
(4) Costs which arise as a result of reversing a payment transaction for lack of funds or as a result of data
transmitted incorrectly by the customer shall be charged to the customer.
(5) Bills of exchange or cheques shall only be accepted as payment and can be refused at any time.
In each case, the acceptance of cheques or bills of exchange shall be deemed to constitute payment only after
they have been cashed. In the event that a bill of exchange is accepted, the normal discount and collection fees
shall be charged; they shall be due immediately.
(6) In the event of default of payment, WNS-Europe.com AG shall be entitled to charge interest of at least
5 percentage points above the applicable base rate contained in the Discount Rate Transfer Act
(Diskontsatz-überleitungsgesetz), but at least 6 % p.a.
(7) Any set-off of counterclaim shall not be permitted unless proven at law or if accepted by WNS-Europe.com AG.
The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded.
8. Reservation of Title
All items delivered by WNS-Europe.com AG remain its property until such items have been paid in full and all
claims resulting from any given transaction have been met. This shall also apply to conditional claims.
If the customer is a business or merchant, the following provisions shall apply: seizures by third parties of
items owned or co-owned by WNS-Europe.com AG must be notified by the customer immediately.
Any costs arising in relation to judicial proceedings or settlement out of court which WNS-Europe.com AG
undertakes to secure its rights shall be borne by the customer. The customer shall assign as a security all claims
(including all claims for balances under the current account) which arise in connection with the items being sold
on or on any other legal grounds to WNS-Europe.com AG. The customer is hereby irrevocably entitled to collect on its
behalf and for its account all claims assigned to WNS-Europe.com AG. This direct debit authorisation may be revoked
if the customer does not meet its payment obligations in an orderly manner.
(1) In the event that the financial situation of the customer deteriorates substantially to the extent that
his/her ability to meet payments is in doubt, WNS-Europe.com AG shall be entitled to rescind the contract or
to withhold its delivery and performance and to grant the customer a reasonable period within which he/she shall
render advance payments or provide security. After the expiration of such period, WNS-Europe.com AG shall be
entitled to rescind the contract.
(2) Provided that the customer is consumer, he/she shall be entitled to rescind the contract at any time until
the goods have been delivered, unless otherwise agreed. The customer is not required to give reasons for
rescinding the contract.
10. Revocation and Obligation to return the Goods
The following provision shall apply only to consumers, i.e. any natural person who enters into a legal
transaction for a purpose which can be attributed neither to his/her commercial or independent professional
(1) The customer may revoke his/her declaration to conclude a sales contract within a period of two weeks
in textual form (e.g. by letter, e-mail, facsimile) without stating a reason or by returning the goods .
The term commences upon receipt of the goods. The timely despatch of the revocation or the goods shall be
deemed sufficient for compliance with the revocation term. The revocation shall be addressed to:
(2) In the event of effective revocation, the services received by either party shall be returned and any
benefits that may have been accrued shall be released. Goods capable of being sent by parcel shall be sent back.
The customer shall bear the costs of the return shipment in the event of a return of goods from a delivered
order with a total value of up to € 40, if the goods delivered are as ordered. Otherwise we shall bear the
costs for the return shipment by regular post. Any goods that cannot be sent by post shall be collected from
(3) If the customer is unable to return the received goods either in total or in part or only in deteriorated
condition, the customer shall indemnify us for the loss in value, if applicable. This shall not apply in the event
that the deterioration of the surrendered goods is due to the inspection of the goods – as it would have been
possible in a shop. The customer may, moreover, avoid such liability of indemnification if he refrains from
using the goods as if he owned them and further refrains from any action that would diminish the value of the goods.
(4) Any returns of software shall only be accepted if the items are sealed;
hardware which is accompanied by sealed software shall only be accepted if the software is sealed.
11. Assignment of Claims
The customer shall not be entitled to assign his/her claims under this contract.
12. Data Protection
(1) Our data protection procedures are in conformity with the Federal Data Protection Act
(Bundesdatenschutzgesetz – BDSG) and the Teleservices Data Protection Act (Teledienstedatenschutzgesetz – TDDSG).
(2) The customer hereby authorises WNS-Europe.com AG and agrees that WNS-Europe.com AG may process, store and evaluate,
within the scope of the current data protection laws, the customer data which it receives in connection with
the business relationship.
(3) WNS-Europe.com AG saves and uses personal customer data to process orders and potential complaints.
WNS-Europe.com AG shall use the customer’s e-mail address only for information letters which accompany the orders,
for customer care purposes and, if desired by the customer, for its own newsletters.
(4) WNS-Europe.com AG shall not forward any personal customer data to any third parties.
An exemption hereto exists for such service partners which require the transfer or data to process its orders.
In these cases, the scope of the transmitted data shall be restricted to the necessary minimum.
(5) The customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data.
(1) These standard terms and conditions contain all rights and obligations of the contract parties.
Any other agreements or declarations of intent by the contract parties must be in writing.
This shall include any amendment to or modification of this form requirement.
(2) If the customer is a merchant or does not reside within the European Union, Munich shall
be the exclusive venue for all legal disputes between the contract parties, including all
lawsuits in connection with bills of exchange and cheques.
(3) The laws of the Federal Republic of Germany shall exclusively apply. The provisions of
the UN Convention on the International Sale of Goods shall not apply.
Regarding commerce with end-consumers within the European Union, the relevant laws of that country
may also be applicable, provided that it concerns obligatory comsumer rights provisions.
(4) In the event that one or several of the above provisions is or becomes invalid, the
validity of the remaining provisions shall not be affected.
Invalid provisions shall be replaced by such provisions which are valid and come closest
to the commercial purpose intended by the parties.
c/o mywerk Portal GmbH
Tel.: +49 (0)2562 949 65 50
Fax.: +49 (0)2562 949 65 51
Umsatzsteuer-ID: DE 247 563 722