General Terms and Conditions of Sale for Online Shop
1. Scope of Application
1.1 The following terms of service (hereinafter referred to as “ToS”) of Haitwin-Delphin Technologie GmbH (hereinafter referred to as “offeror”) apply to all contracts or deals, that a consumer or entrepreneur (hereinafter referred to as “customer”) agrees to with the offeror regarding the products and/or services the offeror offers in the online shop. The inclusion of terms or conditions by the customer are hereby rejected, unless both sides agree to special arrangements.
1.2 Consumer in the sense of the ToS is every natural person, who conducts a legal transaction with a purpose, that can mainly be accounted to neither their commercial nor their self-employed professional occupation. Entrepreneur in the sense of the ToSis a natural or legal person of public law or public law funds, who during a legal transaction carries out his commercial or self-employed professional occupation.
1.3 Any changes to the ToS will be communicated by letter, fax, or e-mail. Should the customer not decline or object to the changes within four weeks of receiving the notification, the changes will be considered accepted.
2. Offers and Contractual Agreement
2.1 The presentation of products in the online shop represents not a legally binding offer, but rather a non-binding online catalog.
2.2 The offers on this online portal are directed at businesses, public institutions, self-employed, freelancers, and merchants (with trader’s proof)
2.3 The customer can submit the offer via the online order form integrated into the online shop of the offeror. By clicking the button “Confirm order” the customer submits a binding order for the goods in the shopping cart. Furthermore, the customer can also submit the offer via e-mail or fax to the offeror.
2.4 The order confirmation of the receipt of the order is send together with the acceptance of the order via e-mail immediately after sending. The purchase contract will be concluded with this e-mail confirmation
2.5 When submitting an offer via the online order form of the offeror, a copy of the contract text will be saved by the offeror and send to the customer along with the present ToSin text form after sending their order.Additionally, the contract text will be archived on the website of the offeror and can be accessed by the customer.
2.6 Generally, the order processing and contacting are done via e-mail. The customer must ensure that the e-mail address specified by them for the order processing is correct so that the e-mails sent by the offeror can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the offeror or by third parties commissioned with the order processing can be received by the customer.
2.7 The drawings, illustrations, dimensions, weights, performance descriptions, and other technical data are approximations and are the responsibility of the respective manufacturer.
2.8 Changes or amendments to the confirmed orders will only be effective if these have been confirmed by the offeror. The supplier reserves the right to make technical changes to the objects, which are the contents of an order, as far as these are reasonable for the customer.
3. Right of Revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the revocation instruction of the provider.
3.3 The right of revocation does not apply to consumers who are not citizens of members of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
4. Prices and Terms of Payment
4.1 Unless otherwise stated in the product description of the offeror, the prices for private customers are gross prices (including 19% VAT), for registered business customers with VAT ID number net prices (plus 19% VAT). If applicable, additional costs will be stated separately in the respective order confirmation.
4.2 In the case of deliveries to countries outside the EU, additional costs may arise which are not the responsibility of the offeror and which are to be borne by the customer, e.g. costs for the transfer of money by credit institutions or import duties (for example, tariffs) and/or taxes.
4.3 Various payment options are available to the customer in the online shop:
In advance – the goods will be delivered only when the amount has been entered into the account of the offeror. Invoice – within 14 (fourteen) days from invoice date. “PayPal” – Payment in advance upon conclusion of the order via the PayPal system.
4.4 If the payment method “invoice” is selected, the offeror reserves the right to carry out a credit check and to reject this type of payment if the credit check is negative.
4.5 When the “PayPal” payment method is selected, payment processing takes place via PayPal (Europe) S.àr.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Service. This requires, inter alia, that the customer opens a PayPal account or already has such an account.
5. Shipping and Delivery Conditions
5.1 The default delivery is by DHL, Fedex and by arrangement by express or forwarding agent.
5.2 The goods shall be delivered by the dispatch route to the delivery address indicated by the customer, unless otherwise agreed.
5.3 Differing from this (See 5.2), when selecting “PayPal” as the payment method, the delivery address provided by the customer at the time of the payment at PayPal is decisive, unless otherwise specified in the shipping information in the online shop of the offeror and unless otherwise agreed.
5.4 The shipping costs incurred will be stated separately in the online shop and on the order confirmation.
5.5 In the case of pickup by the customer, the offeror shall first notify the customer by e-mail that the goods ordered by them are ready for collection. After receival of this e-mail the customer can collect the goods after consultation with the offeror at the business location of the offeror. In this case, no shipping costs will be charged.
5.6 The offeror reserves the right to withdraw from the contract in case of incorrect or improper pickup by the customer.This applies only in the event that the non-delivery is not to be represented by the offeror and the offeror has concluded a concrete cover transaction with the supplier with due diligence.The offeror shall make every reasonable effort to procure the goods. In the case of non-availability or partial availability of the goods, the customer will be informed immediately and the consideration paid immediately.
6. Reservation of Proprietary Rights
6.1 The goods shall remain the property of the offeror until full payment of all (including future) claims are made.
6.2 Towards consumers, the offeror reserves the right to ownership of the delivered goods until full payment of the purchase price owed.
6.3 Towards entrepeneurs, the supplier reserves the right to ownership of the delivered goods until full settlement of all claims arising from a current business.
6.4 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal business operation. All claims arising therefrom against third parties shall be paid in advance to the seller in the amount of the respective invoice value (including value-added tax). This assignment applies irrespective of whether the reserved goods are sold without or after the assignment. The power of the seller to collect the claims themselves remains unaffected. The seller, however, will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment, and no application for opening insolvency proceedings is filed.
7. Liability for defects
7.1 If there is a defect in the purchase, the statutory provisions apply. This does not apply to goods which have not been used in accordance with their usual usage and/or have not been put into service in a professional manner and which have caused their and/or the defectiveness of further objects or devices.
7.2 For entrepreneurs
- should the delivered goods be defective, the customer will be within the scope of legal provisions entitled to demand supplementary performance in the form of remedying defects or delivery of a defect-free product.
- if an insignificant defect does not in principle constitute deficiency claims, the supplier has the choice of the type of supplementary performance.
- the period of limitation for defects is 12 (twelve) months from the date of the invoice. In the case of used goods, the right to claims for defects is excluded in principle.
- the limitation period does not begin again if a replacement delivery takes place within the scope of the defect liability.
7.3 For consumers
- the limitation period for claims for new goods is 24 (twenty-four) months from the date of the invoice.
- for used goods 12 months from the date of the invoice with limitations according to clause 7.4.
7.4 There is the possibility of online arbitration of consumer disputes - for short, the ODR regulation. To this end, the link http://ec.europa.eu/consumers/odr/to the online platform of the EU-enforced Consumer Liaison Office is available.
7.5 For entrepreneurs and consumers, the above limitations of liability and limitation periods in clause 7.2 and clause 7.3 do not relate to claims for damages or reimbursement of expenses which the purchaser is entitled to claim in accordance with the statutory provisions for deficiencies in accordance with section 8.
7.6 In addition, for entrepreneurs, the statutory periods of limitation for the recourse claim pursuant to § 478 of the German Civil Code (BürgerlichesGesetzbuch – BGB) shall remain unaffected. The same applies to entrepreneurs and consumers in case of intentional breach of duty and malicious concealment of a defect.
7.7 If the customer acts as a merchant in the sense of Section 1 of the German Commercial Code (Handelsgesetzbuch - HGB), the commercial obligation to investigate and to notify him is subject to § 377 HGB. If the customer fails to comply with the advertising requirements, the goods shall be deemed approved.
7.8 If the customer acts as a consumer, he is requested to complain to the supplier of delivered goods with obvious transport damages and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual deficiency claims.
7.9 If the supplementary performance has been carried out by means of the replacement delivery, the customer is obliged to return the goods delivered first to the seller within 30 days at his expense. The defective goods must be returned according to the legal regulations.
8.1 The seller is liable to the customer from all contractual, contractual and legal, also tortious, claims for damages and expenses as follows:
The seller is liable for all legal grounds without restriction.
In the case of willful intent or gross negligence, negligent or deliberate injury to life, body or health, due to a guarantee promise unless otherwise specified, due to mandatory liability, such as the Product Liability Act.
8.2 If the seller violates a fundamental contractual obligation negligently, liability shall be limited to the contractual, foreseeable damage, insofar as no liability is assumed in accordance with section 8.1. Significant contractual obligations are obligations which the contract imposes on the seller according to its content for the achievement of the purpose of the contract, the fulfillment of which allows the proper execution of the contract at first and on which the customer may regularly rely.
8.3 In all other cases the liability of the seller is excluded.
8.4 The above liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.
8.5 Exclusion of liability applies to product data, product labels and/or descriptions or similar data, especially also for technical data provided by the respective manufacturer/producer/supplier. This information is the sole responsibility of the manufacturer and excludes the seller from liability claims.
9. Applicable Law
9.1 The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9.2 Furthermore, this legal choice with regard to the statutory right of revocation shall not apply to consumers who are not citizens of members of the European Union at the time of the conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
10. Court of Jurisdiction
10.1 If the customer acts as a merchant, a legal person of public law or a public-law fund, domiciled in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller, here Neuss. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the provider is the exclusive court of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.