I. General Terms and Conditions for Business Customers

1. Scope

These General Terms and Conditions apply to all purchase contracts concluded by Werner Baumaschinen OÜ, Managing Director Török Csongor, Tartu mnt. 67/1-1, Tallinn, Estonia, with entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310(1) of the German Civil Code (BGB). We only recognize terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions if we have expressly agreed to their validity in writing.

2. Contracting Party

The purchase contract is concluded with:

📌 Werner Baumaschinen OÜ
📍 Tartu mnt. 67/1-1, Tallinn, Estonia
📞 Phone: +372 5557 6758
📧 Email: info@werner-baumaschinen.de

Court of registration: Estonia

You can reach our customer service for questions, complaints, and claims on working days from 08:00 to 15:00 by phone at +372 5557 6758 or by email at info@werner-baumaschinen.de.

3. Conclusion of Contract

3.1

The presentation of products on the website werner-baumaschinen.de or in an advertisement on another website does not constitute a legally binding offer, but rather an invitation to contact us for the purpose of concluding a purchase contract.

3.2

After your inquiry by phone or email, you will receive a non-binding offer from us regarding the goods. If you agree with the purchase conditions stated by us, you may inform us of this by email. Your notification shall be deemed a binding order. If you receive an order confirmation from us within 48 hours, the purchase contract is concluded.

4. Transfer of Risk in the Event of Shipment

If the goods are shipped to you at your request, the risk of accidental loss or accidental deterioration of the goods shall pass to you upon dispatch to you, and at the latest when the goods leave the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.

5. Retention of Title

The goods remain our property until full payment has been made. Before ownership has passed, pledging, transfer by way of security, processing, or transformation of the goods is not permitted without our consent.

6. Warranty and Notification of Defects

6.1

Your warranty rights require that you have properly fulfilled your inspection and notification obligations in accordance with Section 377 of the German Commercial Code (HGB).

6.2

Claims for defects expire 12 months after delivery to you. The statutory limitation period applies to claims for damages in cases of intent and gross negligence, as well as in the event of injury to life, body, or health.

6.3

If, despite all due care, the delivered goods have a defect that already existed at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods.

6.4

If subsequent performance fails, you may withdraw from the contract or reduce the remuneration, without prejudice to any claims for damages.

7. Miscellaneous

7.1

This contract and all legal relationships between the parties shall be governed by the law of the Republic of Estonia, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

7.2

The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be Tallinn, Estonia, provided this is permissible under the German Code of Civil Procedure (ZPO).

7.3

All agreements made between the parties for the purpose of executing this contract are set out in this contract.

Right of Withdrawal for Consumers

If, contrary to our assumption, you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you have a fourteen-day right of withdrawal.

Cancellation Policy

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Werner Baumaschinen OÜ, Tartu mnt. 67/1-1, Tallinn, Estonia, email: info@werner-baumaschinen.de, of your decision to withdraw from this contract by means of a clear statement, for example by post, fax, or email.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments to you without undue delay and no later than within fourteen days.

You must return the goods to us without undue delay and no later than within fourteen days from the day of withdrawal. The return shipping costs amount to EUR 100.00 and shall be borne by the buyer.

We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods.

You are only liable for any loss of value of the goods if this loss is due to handling that was not necessary for checking the condition, properties, and functionality of the goods.

II. General Terms and Conditions for Consumers

1. Scope

These General Terms and Conditions (GTC) apply to all purchase contracts concluded by Werner Baumaschinen OÜ, Török Csongor, Tartu mnt. 67/1-1, Tallinn, Estonia, with consumers within the meaning of Section 13 of the German Civil Code (BGB).

2. Contracting Party

📌 Werner Baumaschinen OÜ
📍 Tartu mnt. 67/1-1, Tallinn, Estonia
📞 Phone: +372 5557 6758
📧 Email: info@werner-baumaschinen.de

3. Conclusion of Contract

The presentation of products on werner-baumaschinen.de does not constitute a legally binding offer, but rather an invitation to contact us.

4. Warranty

Statutory warranty rights apply to all items offered by us.

5. Retention of Title

The goods remain our property until full payment has been made.

6. Transport Damage

If goods are delivered with obvious transport damage, please report this immediately to the delivery service provider.