Terms & Conditions

PLEASE NOTE– The German privacy policy is legally binding. We have included an English translation (using Google Translate) for your information at the bottom of the page. Please click here to be directed.




§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders you place in the online shop of PIKA Weihenstephan GmbH Managing Director: Dr. Gudrun Vogeser service hotline: call +49 (0)8441 879 48 30, email order(at)pika-weihenstephan.de.

(2) The range of goods in our online shop is aimed exclusively at companies.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer’s general terms and conditions that contradict our general terms and conditions is already objected to.

(4) The contract language is exclusively German.

(5) You can access and print out the currently valid General Terms and Conditions on the website www.pika-weihenstephan.de.

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop doesn’t not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding request to order goods in the online shop.

(2) By clicking he button [“Order now with payment” / “Buy”] you are making a binding purchase offer (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (“confirmation of receipt”). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded through confirmation of receipt.

(4) A purchase contract for the  goods is only concluded when we expressly declare acceptance of the purchase offer (“order confirmation”) or when we send the goods to you – without a prior express declaration of acceptance.

§ 3 Prices

The prices stated on the product pages are purely net and do NOT include statutory VAT and other price components and do not include the respective shipping costs. Further information about shipping costs can be found on our website under [“Shipping information” / “Delivery conditions”].

§ 4 Terms of Payment; Default

(1) Payment can be made either: in advance, PayPal, credit card, on account.

(2) We are responsible for selecting the available payment methods. In particular, we reserve the right to only offer you selected payment methods for payment, for example only advance payment to protect our credit risk.

(3) If you select the payment method in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

(4) If you pay by credit card, the purchase price will be reserved (“authorization”) and charged to your credit card at the time of ordering.

(5) If you are late with a payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter that is sent to you after the default occurs, you will be charged a reminder fee of EUR 15.00, unless lower or higher damage can be proven in individual cases.

§ 5 Offsetting/right of retention 

(1) You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or has a close synallagmatic relationship to our claim. (2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of title 

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided. 

(2) The goods remain our property until the purchase price has been paid in full. 

(3) In exceptional cases, we are not obliged to deliver the ordered goods if we ordered the goods correctly but were not delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are not available, we will immediately refund any payments you have already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers. 

(4) If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies: 

– We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred. 

– You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. – If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. 

– We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.  

§ 7 Damage in transit 

(1) If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and please contact us as quickly as possible. 

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

 § 8 Warranty 

(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB). 

(2) Otherwise, the statutory provisions apply to the warranty. 

(3) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications: 

– Only our own information and the manufacturer’s product descriptions are binding regarding the quality of the goods, but not public praise and statements and other advertising by the manufacturer. 

– You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded. 

– In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods. 

– If supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract. 

–  The warranty period is one year from date of delivery.  

§ 9 Liability 

(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from injury to life, body and health of persons due to slight negligence. 

(2) Otherwise, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to arise, and a maximum of the purchase price/value of the goods within the order. This limitation of liability also applies to our vicarious agents. 

§ 10 Final provisions 

(1) Should one or more provisions of these General Terms and Conditions be or become ineffective, this will not affect the effectiveness of the remaining provisions. 

(2) German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law. 

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you. 

As of: October 2022