Conditions

with customer information

Table of Contents

1. Scope

2. Conclusion of contract

3. Prices and terms of payment

4. Delivery and shipping conditions

5. Force majeure

6. Delay of the performance

7. Retention of title

8. Liability for defects / warranty

9. Liability

10. Statute of limitations

11. Retention, assignment

12. Applicable law, jurisdiction

1) Scope

1.1 These General Terms and Conditions (hereafter "GTC") of HanseSpanntechnik GmbH & Co. KG (hereinafter referred to as "Seller") apply to all contracts concluded by an entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods displayed by the Seller in his online shop and / or services. Hereby the inclusion of own conditions of the customer is contradicted, essei because, it is agreed otherwise.

1.2 These terms and conditions also apply exclusively if the seller executes the delivery to the latter without special reservation in knowledge of conditions of the customer that deviate from or are deviating from these conditions.

1.3 An entrepreneur within the meaning of these GTC is a natural person or legal entity or a legal partnership which, when concluding a legal transaction, acts in the course of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions displayed in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button that concludes the ordering process, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart. Furthermore, the customer may also make the offer by telephone, by fax, by e-mail, by post or by online contact form to the seller.

2.3 The seller can accept the offer of the customer within five days, - by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), where the order confirmation is decisive for the customer, or by Customer delivers the goods ordered, in which case the access to the goods at the customer is decisive, or - by asking the customer after submission of his order for payment, or - if payment is offered by direct debit and the customer decides to this payment by the In this respect, the time at which the customer's account is charged is decisive. If more than one of the aforementioned alternatives is present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer to run and ends with the expiry of the fifth day, which follows the tender of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the contract text is archived on the seller's website and can be retrieved by the customer via his password-protected customer account, giving the appropriate login information for free, provided the customer has created a customer account in the seller's online shop before sending his order.

2.5 Prior to the binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the enlargement function of the browser, with the aid of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his inputs via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contacting are usually carried out by e-mail and automated order processing. Customer must ensure that the e-mail address provided by him for the order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all vendors or can be sent by this third-party mailed to the order processing.

2.8 If the parties have agreed special conditions, these shall in principle not apply to simultaneous and future contractual relationships with the customer.

2.9 In case of economic inability of the customer to fulfill his obligations to the seller, the seller can terminate existing exchange contracts with the customer without notice. This also applies to a petition for insolvency of the customer. § 321 BGB and § 112 InsO remain unaffected. The customer will inform the seller early in writing about an impending insolvency.

3) Prices and terms of payment

3.1 Unless otherwise stated in the seller's product description, the prices quoted are net prices, plus statutory value added tax. Packaging and shipping costs, loading, insurance (in particular transport insurance), customs duties and charges will be charged separately if necessary.

3.2 The customer has various payment options available, which are indicated in the online shop of the seller.

3.3 If advance payment has been agreed by bank transfer, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

3.4 If the payment method Delivery on account is selected, the purchase price becomes due after the goods have been delivered and invoiced.

3.5 If the option of delivery on account is selected, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to carry out a credit check and to reject this method of payment of a credit standing check when selecting the payment method.

3.6 A payment is deemed to have been received as soon as the equivalent value has been credited to one of the seller's accounts. In the event of late payment, the seller is entitled to default interest of 10 percentage points above the respective base rate. The remaining statutory rights of the seller in the event of default of payment by the customer remain unaffected. If claims are overdue, incoming payments are credited first to any costs and interest, then to the oldest claim.

3.7 In the event of unpredictable cost increases (such as currency fluctuations, unexpected supplier price increases, etc.), the seller is entitled to pass on the price increase to the customer. However, this only applies if, as agreed, the delivery is to be made later than four months after the contract closing date.

4) Delivery and shipping conditions

4.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

4.2 The seller is entitled to partial deliveries, as far as this is reasonable for the customer. In the case of permissible partial deliveries, the seller is entitled to submit partial invoices as well.

4.3 The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. This applies only in the event that the non-delivery is not responsible for the seller and this has completed with the necessary care, a concrete hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

4.4 The risk of accidental loss and accidental deterioration of the goods passes to the transfer of the goods to a suitable transport person. This also applies if the seller bears the costs of the transport. A transport insurance is only on special request and on account of the customer.

4.5 Insofar as delivery is not possible for reasons for which the customer is responsible, e.g. because the goods do not fit through the front door, front door or staircase of the customer, or because the customer is not found at the delivery address specified by him, although the time of delivery has been announced to the customer with reasonable notice, the customer bears the costs for the unsuccessful delivery and is for payment This is for each full week of delay 1%, but in total no more than 8% of the value of the total delivery or the unaccepted part of the total delivery. It remains the parties at fault, a higher or lower damage nachzuweisen.

4.6 In the event that the shipment of the goods to the customer for reasons for which he has to represent delayed, the transfer of risk takes place already with notification of the readiness to ship to the customer. Any costs incurred for storage shall be borne by the customer after the transfer of risk.4.7 Pickup is not possible for logistical reasons.

5) Force Majeure

In the event of force majeure affecting the performance of the contract, the seller is entitled to postpone the delivery for the duration of the impediment and to cease all or part of the delay in the case of long-term delays without any claim being made against the seller. Force majeure shall be deemed to be unpredictable events for the Seller or those which, even if foreseeable, are outside the control of the Seller and whose effect on the performance of the contract can not be prevented by the reasonable efforts of the Seller. Any legal claims of the customer remain unaffected.

6) delaying the performance

6.1 In the event of a delay in performance, the customer has the right of withdrawal under the statutory provisions only if the delay is attributable to the seller.

6.2 In the event of default of the seller, the customer is obliged, at the request of the seller, to declare within a reasonable period of time whether he withdraws from the contract due to the delay in delivery or insists on performance.

6.3 If shipment or delivery is delayed by more than one month upon notification of readiness for shipment at the request of the customer, the customer may be charged for storage fees amounting to 0.5% of the price of the delivery items for each additional month commenced, but no more than 5% in total.

6.4 Proof of higher or lower damage remains to the Contracting Parties.

6.5 The above limitations of liability shall not apply in the case of intent, malice, gross negligence and damage resulting from injury to life, limb or health.

7) Retention of title

7.1 The seller reserves the ownership of the delivered goods until full payment of the purchase price due. Furthermore, the seller retains ownership of the delivered goods until all of his claims arising from the business relationship with the customer have been fulfilled.

7.2 In the case of the processing of the delivered goods, the seller as a manufacturer underwears ownership of the newly created goods. If processing takes place together with other materials, the seller acquires ownership in the ratio of the invoice value of his goods to that of the other materials. If in the case of the connection or mixing of the goods of the seller with a thing of the customer as the main thing, the co-ownership of the thing in the ratio of the invoice value of the goods of the seller for billing or, failing that, the market value of the main thing - the seller. In this case, the customer is the custodian.

7.3 The customer may neither pledge nor assign security under property or legal reservation. The customer is only permitted, as a reseller, to resell in the ordinary course of business on the condition that the customer has effectively assigned the seller's claims against his customers in connection with the resale and the customer transfers ownership to the buyer subject to the payment. By concluding the contract, the customer transfers his claims in connection with such sales against his customers to the seller, who accepts the assignment at the same time.

7.4 The customer must immediately inform the seller of the property or co-ownership of the seller or of the assigned claims. He must immediately transfer the amounts assigned to the seller to the seller insofar as his claim is due.

7.5 If the value of the seller's security interests exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding share of the security interests at the customer's request.

8) Liability for defects / warranty

If the purchased item is defective, the provisions of the statutory warranty for defects shall apply. Deviating from this:

8.1 An insignificant defect does not justify claims for defects and does not entitle the customer to refuse to accept the goods. Should a part of the goods show a not insignificant defect, this does not justify the complaint of the entire delivery. The only other case is that the partial delivery is of no interest to the customer. In addition, payments by the customer may only be retained to an extent that is proportionate to the material defect that has occurred. If the goods are handed over free of charge, the seller is only liable for defects insofar as he is guilty of intent or gross negligence.

8.2 Claims for defects do not arise in the case of natural wear or damage resulting from the transfer of risk as a result of faulty or negligent handling, excessive use, unsuitable operating equipment or due to special external influences, which are not required by the contract, as well as non-reproducible faults. If the customer or a third party makes improper changes or repairs, there are no claims for defects or consequential damages unless the customer can prove that the fault was not caused by these changes or repairs.

8.3 For new goods, the limitation period for warranty claims is one year from the date of the transfer of risk. For used goods, the rights and claims for defects are excluded.

8.4 The above-mentioned limitations of liability and shortening of the limitation period do not apply - to items that have been used for a building according to their usual use and have caused its defectiveness, - for claims for damages and reimbursement of expenses by the customer, - in the event that the seller has fraudulently concealed the defect , as well as for the recourse claim under § 478 BGB.

8.5 In the case of supplementary performance, the seller has the choice between repair or replacement.

8.6 If a replacement is made within the scope of the liability for defects, the statute of limitations does not start again.

8.7 If the remedy has been carried out by way of replacement delivery, the customer is obliged to return the goods delivered to the seller within 30 days. The return package must contain the reason for the return, the customer name and the number assigned for the purchase of the defective goods, which allows the seller to allocate the returned goods. As long and as far as the assignment of the return for reasons for which the customer is responsible is not possible, the seller is not obliged to accept returned goods and to repay the purchase price. The cost of a new shipment is borne by the customer.

8.8 If the seller delivers a defect-free item for the purpose of supplementary performance, the seller can claim compensation from the customer in accordance with § 8 para. § 346 para. 1 BGB claim. Other legal claims remain unaffected.

8.9 If the customer acts as a merchant i.S.d. § 1 HGB, it meets the commercial investigation and reprimand according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

9) Liability

The liability for delay is finally regulated under the item "Delay of performance". Incidentally, the seller is liable for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

9.1 The seller is liable for any legal reason without limitation - in case of intent or gross negligence, - in case of intentional or negligent injury to life, body or health, - on the basis of a guarantee, unless otherwise stipulated, - due to mandatory liability such as under the Product Liability Act.

9.2 If the seller negligently breaches a material contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding clause. Essential contractual obligations are duties that the contract imposes on the seller according to its content for the purpose of achieving the contract, the fulfillment of which enables the proper implementation of the contract in the first place and on whose observance the customer may regularly rely.

9.3 Incidentally, a liability of the seller is excluded.

9.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

10) Statute of limitations

Claims by the customer against the seller expire - with the exception of the claims regulated under the point "Liability for defects" - within one year from the facts giving rise to the claim, but no later than five years after performance of the service, unless the above clause gives unlimited liability.

11) Retention, assignment

11.1 Customer's rights of retention and refusal of performance are excluded, unless the Seller does not dispute the underlying counterclaims or these are legally established.

11.2 An assignment of claims from the contract concluded with the customer by the customer, in particular an assignment of any claims of the customer, is excluded.

12) Applicable law, jurisdiction

12.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods.

12.2 If the customer acts as a merchant, legal entity under public law or public-law special fund domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract. However, in the above cases the seller is in any case entitled to call the court at the customer's place of business.