GENERAL TERMS AND CONDITIONS
Terms and conditions governing sales contracts concluded via the platform https://hsf-group.de between
HSF GROUP GmbH
Wissenbacher Weg 3
35684 Dillenburg
Tel.: 02776 92278-0
Registered in the Commercial Register of the Giessen Local Court: HRB 6454
Represented by Uwe Pfeiffer; Peter Pfeiffer
VAT registration number: DE 295 973 137
– hereinafter referred to as the ‘Supplier’ –
and
the users of this platform specified in § 2 of these General Terms and Conditions – hereinafter referred to as the ‘Customer/Customers’ – are concluded.
§ 1 Scope
The business relationship between the Supplier and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any deviating terms and conditions of the Customer shall not be recognised unless the Supplier expressly agrees to their validity in writing.
§ 2 Conclusion of the Contract
(1) The customer may select products from the supplier’s range and add them to a so-called ‘shopping basket’ by clicking the ‘Add to basket’ button. By clicking the ‘Buy now’ button, the customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer may view and amend the details at any time.
(2) The Supplier will then send the Customer an automatic confirmation of receipt by email with the subject line ‘Confirmation of your order with HSF Industrie’, which lists the Customer’s order once again and which the Customer can print out using the ‘Print’ function. The customer’s order (1) constitutes an offer to conclude a contract based on the contents of the shopping basket. The confirmation of receipt (order confirmation) constitutes the supplier’s acceptance of the offer. This summarises the contents of the order. In this email or in a separate email, but no later than upon delivery of the goods, we will send the contract text (consisting of the order, the General Terms and Conditions and the order confirmation) to the customer on a durable medium (email or paper printout). The contract text is stored in compliance with data protection regulations.
(3) The contract is concluded in the following language: German.
§ 3 Delivery, Availability of Goods, Payment Terms
(1) The delivery times stated by us are calculated from the date of our order confirmation (Clause 2(2) of these General Terms and Conditions), subject to prior payment of the purchase price.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also notify the customer of this without delay. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the supplier is also entitled to withdraw from the contract. In doing so, the supplier shall immediately refund any payments already made by the customer.
(3) The following delivery restrictions apply: The supplier delivers only to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.
(4) The customer may make payment by direct bank transfer, PayPal, PayPal Express Checkout or on account.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall be in default simply by failing to meet the deadline.
§ 4 Retention of title
The goods supplied remain the property of the supplier until the purchase price has been paid in full.
§ 5 Prices and delivery charges
(1) All prices quoted on the supplier’s website are exclusive of the applicable statutory value added tax.
(2) The relevant delivery charges are specified to the customer in the order form and are to be borne by the customer, unless the customer exercises any right of withdrawal.
§ 6 Liability
(1) The Customer’s claims for damages are excluded. This does not apply to claims for damages arising from injury to life, limb or health, or from a breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, limb or health.
(3) The limitations set out in 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 provisions of the Product Liability Act remain unaffected.
§ 7 Final Provisions
(1) Contracts between the Supplier and the Customer shall be governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) Where the Customer is a trader, a legal person governed by 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 Supplier shall be the Supplier’s registered office.
(3) Even if individual provisions of the contract are legally invalid, the remaining provisions shall remain binding. The invalid provisions shall be replaced, where applicable, by the relevant statutory provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.