I. Terms and conditions
- The present terms and conditions (hereinafter referred to as "GTC") of Dr. Höhn GmbH, HRB 590225 AG Stuttgart [IMPRINT] (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop and print catalogues. The inclusion of the Customer's own terms and conditions is hereby rejected, unless these are amended by written agreements between the parties.
- A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity (§ 13 BGB). Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
- Optional: The Customer shall be notified of changes to the GTC in writing, by fax or by e-mail. If he does not object to these changes within four weeks of receipt of the notification, the changes shall be deemed to have been accepted by him. In the event of an amendment to the General Terms and Conditions, the Customer will be informed separately of his right to object and the legal consequences of his silence.
II. offer and conclusion of contract
- The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve to make a binding offer by the Customer in accordance with § 145 BGB.
- The Customer can submit the offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, fax, e-mail or post.
- When ordering goods shown in the Seller's print catalogue, the Customer can submit his offer to the Seller by telephone, fax, e-mail or post. For this purpose, the Customer can fill in the order form attached to the Seller's printed catalogue and return it to the Seller.
- The Seller may accept the Customer's offer within five days,
- - by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the
- order confirmation at the customer is decisive, or
- - by delivering the goods ordered to the customer, whereby the receipt of the goods by the customer is decisive, or
- - by requesting the customer to pay after placing his order.
- If several of the aforementioned alternatives are available, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
- When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be called up by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before sending his order.
- Prior to the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen
- Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all third parties commissioned by the seller or by the seller with the order processing
- can be delivered to e-mails sent by the company.
III. right of revocation
- If the customer is acting as a consumer, he is basically entitled to a statutory right of withdrawal. Further information on the statutory right of revocation for consumers can be found in the seller's revocation instructions.
- If the customer acts as an entrepreneur, the seller grants the customer a contractual right of revocation in accordance with the following conditions:
- Return shipments of delivered parts may only be made after prior consultation with the Seller and against payment of the freight costs and a flat rate (for storage, etc.) of 15% of the purchase price. Returned goods can only be accepted by the seller in original packaging and in perfect original condition.
- Unauthorised returns, returns with incomplete information, as well as returns due to unpaid cash on delivery obligate the buyer to pay the shipping costs incurred by the seller.
- Parts and custom-made products which have been ordered or manufactured especially for the buyer are excluded from return.
- The return of painted attachments and Canopies requires the written consent of the seller.
- The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
IV. Cancellation policy
As a consumer according to § 13 BGB you have the right to revoke this contract within fourteen days without giving reasons
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took or has taken possession of the last goods.
To exercise your right of revocation, you must inform us (Dr. Höhn GmbH, HRB 590225 AG Stuttgart [IMPRINT], Tel.: +49 (0)7940920-0, Fax: +49 (0)7940920-44, E-Mail: email@example.com) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the sample revocation form from the download area for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of exercise
of the right of withdrawal before expiry of the withdrawal period.
Consequences of the right of withdrawal
If you withdraw from this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods 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 event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods. The direct costs of returning the goods are estimated to be a maximum of approximately 100 euros for each such item, with regard to goods which cannot be returned to us normally by post due to their nature (goods for forwarding agents).
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functioning.
Exclusion or premature expiry of the right of withdrawal
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of revocation expires prematurely in the case of contracts for the delivery of goods if these goods have been inseparably mixed with other goods after delivery due to their nature.
The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract is outside the European Union.
1) Please avoid damage and contamination of the goods. Please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned items 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
V. Price and terms of payment
- Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
- In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
- The payment option(s) will be communicated to the Customer in the Seller's online shop.
- If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
- If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case the purchase price is payable within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
- If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in case of a negative result of the check. If the payment method "PayPal Invoice" is permitted by PayPal, the Customer shall pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal has given the Customer another payment term. He can pay in
- If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details or
- If the Customer objects to the direct debit, although he is not entitled to do so, the Customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
- If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for advance information. The direct debit shall be collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details or
- If the Customer objects to the direct debit, although he is not entitled to do so, the Customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this. The Seller reserves the right to carry out a credit assessment when selecting the SEPA direct debit payment method and to reject this payment method if the credit assessment is negative.
VI. Dispatch and delivery conditions
- The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. If an order is placed via the Seller's online order form, the delivery address specified in the online order form shall be decisive. By way of derogation from the above, if PayPal is chosen as the method of payment, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.
- If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had given him reasonable notice of the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the return shipment if the Customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
- If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall not pass to the customer until the goods are handed over to the customer or a person or institution authorised to receive the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods, even in the case of consumers, shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
- The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
- In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the Customer can collect the goods at the Seller's registered office after consultation with the Seller. In this case no shipping costs will be charged.
VII. Retention of title
- Until the fulfilment of all claims (including all balance claims from current account) to which the seller is entitled against the buyer now or in the future for any legal reason, the seller is granted the following securities, which will be released on request and at his discretion, provided their value exceeds the claims by more than 20% on a sustained basis.
- The goods shall remain the property of the seller, processing or transformation shall always be carried out for the seller as manufacturer, but without any obligation for him. If the Seller's (co-)ownership expires due to combination, it is hereby agreed that the Buyer's (co-)ownership of the uniform object shall pass to the Seller proportionately (invoice value). The buyer shall store the (co-)ownership of the seller free of charge. Goods to which the seller is entitled to (co-)ownership are hereinafter referred to as goods subject to retention of title.
- The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledging or transfer by way of security is not permitted. As a precaution, the buyer hereby assigns to the seller in full any claims arising from resale or any other legal ground (insurance, tort) with regard to the goods subject to retention of title (including all balance claims from current account). The seller revocably authorises the buyer to collect the claims assigned to the seller for the seller's account in his own name. This direct debit authorisation can only be revoked if the buyer does not properly fulfil his payment obligations.
- In the event of access by third parties to the goods subject to retention of title, in particular seizures, the buyer shall draw attention to the seller's ownership and notify the seller immediately so that the seller can enforce his ownership rights. If the third party is not able to reimburse the seller for the judicial or extrajudicial costs incurred in this connection, the buyer shall be liable. 5) In the event of behaviour by the buyer in breach of contract - in particular default of payment - the seller is entitled to take back the goods subject to retention of title or, if necessary, to demand assignment of the buyer's claims for return to third parties. The taking back or the seizure of the reserved goods by the seller does not constitute a withdrawal from the contract.
IIX. Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this applies:
- If the customer acts as an entrepreneur,
- - the seller has the choice of the type of supplementary performance;
- - in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
- - in the case of used goods, the rights and claims due to defects are generally excluded;
- - the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
- If the customer acts as a consumer, the limitation period for claims for defects in the case of used goods is one year from delivery of the goods to the customer, with the restriction of the following clause.
- The limitations of liability and shortening of the period of limitation regulated in the above clauses shall not apply
- - for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- - for claims for damages and reimbursement of expenses by the customer, and
- - in the event that the Seller has fraudulently concealed the defect.
- Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
- If the Customer acts as a merchant within the meaning of § 1 HGB, the commercial duty to examine and give notice of defects pursuant to § 377 HGB shall apply. If the customer fails to comply with the duties of notification regulated therein, the goods shall be deemed to be approved.
- If the customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damages to the delivery person and to inform the seller about this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows
- The seller is liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of deliberate or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the Product Liability Ac.
2. If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is granted in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
3. Any further liability of the seller is excluded.
4. The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
X. Design modification
The Seller reserves the right to make design changes at any time; however, the Seller is not obliged to make such changes to products already delivered.
XI. Applicable law
- All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
- Furthermore, this choice of law with regard to the statutory right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
XII. Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to call upon the court at the customer's place of business.