within the framework of sales contracts concluded via the platform
between
H&R Spezialfedern GmbH & Co KG
Elsper Straße 36
57368 Lennestadt
Represented by:
H&R Spezialfedern GmbH
This represented by:
Heinrich Remmen, Christian Heine, Helena Heine Derdemez, Danny Chr. Remmen,
Yannick C. Remmen
Commercial register: HRB 6001
Register court: District Court of Siegen
Contact
Telephone: +49-2721-92600
Fax: +49-2721-10708
Email: info@h-r.com
VAT registration number
VAT registration number in accordance with § 27a of the VAT Act:
DE 126 183 611
– hereinafter referred to as the ‘Supplier’ –
and
the customer designated in § 2 of the contract – hereinafter referred to as ‘customer’ –
can be concluded.
§ 1 Scope of application, definitions
(1) For the business relationship between the web shop provider (hereinafter ‘provider’) and the customer (hereinafter ‘customer’), the following general terms and conditions apply exclusively in the version valid at the time of the order. Any general terms and conditions of the customer that differ from these are not recognised, unless the provider explicitly agrees to them in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the course of its commercial or self-employed professional activity when concluding the contract.
§ 2 Conclusion of contract
(1) The customer can select products from the provider’s range, in particular the provider’s merchandising products, and collect them in a so-called shopping basket by clicking on the ‘Add to shopping basket’ button. By clicking on the ‘Order with obligation to pay’ button, the customer submits a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can view and change the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the ‘Accept GTC’ button and has thus included them in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and these GTC of the provider are included. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract between the customer and the provider is concluded when the goods are shipped to the customer. The provider will notify the customer by email when the goods have been shipped.
(3) The contract is concluded in German.
§ 3 Delivery, product availability
(1) The delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. If no delivery time or a different delivery time is stated for the respective goods in our online shop, it is 5 to 7 days. Beginning with the next working day (Monday to Friday, excluding public holidays in North Rhine-Westphalia and not 24 and 31 December) after the provider receives the order.
(2) If no items of the product selected by the customer are available at the time of the customer’s order, the provider shall notify the customer of this immediately by email or telephone. If the product is permanently unavailable, the provider shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also notify the customer of the delay in delivery without delay by email or telephone.
(4) The following delivery restrictions apply: the provider only delivers to customers who have their usual place of residence (billing address) within the EU (excluding islands).
§ 4 Retention of title
The delivered goods remain the property of the provider until full payment has been received.
§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website include the applicable statutory sales tax.
(2) The corresponding shipping costs are indicated to the customer on the order form and are to be borne by the customer, unless the customer exercises his right of cancellation. Delivery costs to other EU countries are always calculated. Within Germany, delivery is free of charge for orders over €99.00.
(3) The goods are shipped by post. The supplier bears the shipping risk if the customer is a consumer.
(4) In the event of cancellation, the customer shall bear the direct costs of returning the goods.
§ 6 Payment terms
(1) The customer can make the payment by credit card, Paypal or bank transfer.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer shall be in default by defaulting on the date. In this case, the customer shall pay the provider default interest of 5 percentage points above the base interest rate for the year.
(4) The customer’s obligation to pay default interest does not preclude the provider from claiming further damages caused by default.
§ 7 Warranty for Defects, Guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the provider to companies is 12 months.
(2) An additional guarantee for goods delivered by the provider only exists if this has been expressly stated in the order confirmation for the respective item.
§ 8 Liability
(1) Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was simply caused by negligence, unless the customer’s claims for damages arise from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation policy
(1) Consumers have a statutory right of cancellation when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of cancellation are set out in paragraph (2). A sample cancellation form can be found in paragraph (3).
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise your right of cancellation, you must inform us (…) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached model cancellation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we are obliged to reimburse all payments we have received from you, including delivery costs (except for the additional costs that result from you choosing a different type of delivery than the low-cost standard delivery we offer), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.
(2) The right of cancellation does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
(3) The provider provides the following information about the model cancellation form in accordance with the statutory regulation:
Model cancellation form
(If you wish to cancel the contract, please fill out this form and return it to us.)
— To [here the entrepreneur is to insert the entrepreneur’s name, address and, if applicable, fax number and e-mail address]:
— I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
— Ordered on (*)/received on (*)
— name of the consumer(s)
— address of the consumer(s)
— signature of the consumer(s) (only for paper-based notification)
— date
(*) Delete as applicable
§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions for the restriction of the choice of law and for the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions hereof shall not be affected. In place of the invalid provisions, the statutory provisions shall apply, if available. However, should this result in unreasonable hardship for either of the parties, the contract as a whole shall become invalid.