1. General
Unless otherwise agreed between us as contractor and the customer as customer, these terms and conditions of delivery and payment shall apply to all deliveries and services ordered by the customer. We object to the customer’s general terms and conditions if they deviate from our terms of delivery and payment and/or contain additional provisions. Additional agreements must be made in writing. The client may not invoke verbal agreements of any kind whatsoever.
2. Conclusion of contract
We regard orders placed by our customers as binding for a period of 4 weeks if the customer does not make any other express statement in this respect. A contract is only valid when a customer order is expressly confirmed to us in writing or by e-mail.
3. Delivery / Dispatch
Prices are always quoted without engagement; they only become binding upon written confirmation. We deliver small articles – provided they are in stock – within one week after receipt of your order. For larger items, a confirmation is sent to you regarding the delivery date. Delivery by us shall be subject to the proviso that we ourselves are supplied correctly and punctually and are not responsible for the lack of availability. Compensation for damages, even in the event of delayed or incomplete delivery, is excluded unless gross negligence is involved. If the goods are not available, we will inform you immediately and any advance payment will be refunded immediately. We shall endeavour to comply with the agreed delivery periods. Delay shall only occur after a written deadline has been set and shall not apply if this was caused by an alteration to the order requested by the customer or by circumstances for which we are not responsible. The same applies to delays due to unfavourable environmental influences. If the transport, storage, delivery, use or processing of certain products is subject to statutory provisions, our duty of care shall end with compliance with the provisions applicable to our delivery. The customer is obliged to inform himself independently about the applicable regulations.
4. Shipping Costs
The indicated shipping costs refer to shipments within Germany. The actual shipping costs will be communicated to you via an order confirmation and will only then become valid. Shipments abroad will be invoiced according to actual and agreed costs.
5. Retention of Title
We deliver under retention of title. In the case of mutual commercial transactions, we shall retain title of the delivery items until full payment of all liabilities arising from the business relationship with us, including future claims become due. If our claim becomes insolvent, we shall be entitled to demand the return of the goods owned by us at any time without this being construed as a withdrawal from the contract. The buyer may not dispose of the objects until they have been paid for in full, may not sell them and may not pledge them.
6. Right of Revocation
You can revoke your contractual declaration within 14 days without giving reasons, whether in writing (eg letter, fax, e-mail) or – if you receive the goods before the deadline – by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods suffices to comply with the revocation period. The revocation is to be addressed to:
HD-Sanierungstechnik GmbH i.Gr.
Weisdornweg 3
91126 Kammerstein
Consequences of revocation:
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the performance received to us in whole or in part or only in a deteriorated condition, you must pay us compensation in this respect. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible in a retail shop. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Items that can be sent by parcel post are to be returned at our risk. You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euro or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you. Items that cannot be sent as parcels will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
End of the declaration of revocation
7. Warranty and Liability
We provide technical application information to the best of our knowledge based on our previous experience. If recognisable defects are not immediately notified to us, or within 14 days of receipt of the goods at the latest, the goods will be deemed approved with regard to such defects and warranty claims will then be excluded.
8. Data Protection
We use your inventory data exclusively to process your order. All customer data is stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Act. You have the right to free information, correction, blocking and deletion of your stored data at any time. Please contact heiberger@hd-sanierungstechnik.de or send us your request by post or fax: HD-Sanierungstechnik GbR; Weißdornweg 3; 91126 Kammerstein; 09178-99 68 98 . We will not pass on your personal data, including your home address and e-mail address, to third parties without your express consent, which can be revoked at any time. Excluded from this are our service partners who require the transmission of data for order processing (e.g. the shipping company commissioned with the delivery and the bank commissioned with the payment processing). In these cases, however, the scope of the transmitted data is limited to the necessary minimum. We use technical and organisational security measures in order to protect your data administered by us against accidental or intentional manipulation, loss, destruction or against access by unauthorised persons.
9. Place of Performance / Place of Jurisdiction
The place of jurisdiction for the dunning procedure (default actions) shall be Nuremberg; if the purchaser is a merchant or belongs to a special fund under public law or represents such a fund, the place of jurisdiction for the disputed procedure shall also be Nuremberg.
