GTC
General Terms and Conditions of Heinzmann KG
1st area of application
The following General Terms and Conditions apply to all business relationships between Heinzmann KG, Weißenburger Str. 89, 91710 Gunzenhausen, Germany, hereinafter referred to as "Seller", and its customers. The following General Terms and Conditions apply exclusively and in the respective version at the time of conclusion of the contract. Deviating general terms and conditions of the customer are rejected and do not form part of the contract unless their validity is expressly agreed to in writing by the seller. In particular, the unconditional execution of contracts, even in the knowledge of conflicting or deviating terms and conditions, shall not constitute consent to these; in this case, too, the following provisions shall apply exclusively.
2. realisation of the contract
(2.1) All offers made by the seller are non-binding and subject to change. An effective purchase contract is concluded by a binding order confirmation of the order placed by the customer, or with the unconditional acceptance of the goods dispatched by the seller by the customer.
(2.2) In the case of orders placed via the Internet, the customer generally receives an electronic confirmation of receipt after receipt of the order. However, this does not constitute a binding confirmation of the order. For sales via Internet platforms such as Ebay, sales are made in accordance with the terms and conditions binding for both buyer and seller. The customer undertakes to provide truthful personal details when ordering online. If access data and passwords are transmitted to him for the purpose of online registration and ordering, he is obliged to store them carefully and to protect them from access by unauthorised third parties. In the event of breaches of duty, he shall be liable to the seller for damages without limitation, unless he is not at fault for the damage.
3. terms of delivery
(3.1) The goods shall be delivered within the Federal Republic of Germany ex warehouse plus shipping costs, in the case of freight plus freight costs. Unless otherwise agreed, the costs shall be based on the weight of the goods. Apart from this, the Seller shall be entitled to demand a reasonable lump sum calculated according to the usual costs incurred.
(3.2) The goods shall be dispatched at the customer's risk to the delivery address specified by the customer in the order. It is transferred to the customer when the goods are handed over to the deliverer or the carrier. This does not apply to purchases of consumer goods, where the statutory provisions apply. The goods are always delivered uninsured. If shipping or transport insurance is agreed with the customer, the customer shall bear the associated costs.
(3.3) The Seller is generally permitted to make partial deliveries. However, he shall bear any additional costs incurred as a result.
(3.4) Information on delivery periods is generally non-binding, unless a fixed delivery date has been expressly agreed in writing. Agreed delivery periods shall be extended by such periods in which the delivery is delayed due to a faulty or omitted act of co-operation by the customer or in which the seller is temporarily prevented from delivering due to unforeseeable circumstances for which he is not responsible, in particular in the event of force majeure, operational disruptions, strikes, delivery bottlenecks at suppliers, natural disasters or political unrest. If there is a delay in delivery, the seller shall inform the customer of this immediately. If the seller is responsible for the delay, the customer is entitled to withdraw from the purchase contract after setting a reasonable deadline.
(3.5) Should the Seller determine that the goods to be delivered by him in accordance with the contract are no longer available for an actual or legal reason for which he is not responsible, he shall be entitled, at his discretion, to offer the Customer goods of equivalent quality and price or to withdraw from the contract. For his part, the customer is entitled to withdraw from the contract at his own discretion if the replacement delivery offered by the seller does not meet his expectations.
4 Prices and terms of payment
(4.1) The official delivery prices of the Seller at the time of receipt of the order shall apply.
(4.2) Unless otherwise indicated, all prices quoted to consumers are gross prices including statutory VAT and excluding any shipping, freight or other additional costs. Notwithstanding the above, all prices to commercial customers are net prices, i.e. excluding statutory VAT and excluding any shipping, freight or other additional costs.
(4.3) Depending on the agreement, the purchase is made on account, cash on delivery, by direct debit or against prepayment. If cash on delivery is agreed, the customer shall bear the costs of cash on delivery. When purchasing by direct debit, the customer must ensure that there are sufficient funds in the account, otherwise the customer shall be liable for any damage incurred.
(4.4) In individual cases, the seller reserves the right to obtain creditworthiness information on the customer's person in compliance with the relevant data protection regulations and to limit the payment options to a specific payment method to hedge his risk. This applies in particular to orders from abroad.
(4.5) The purchase price is due upon delivery of the goods and invoicing and, unless otherwise stated in the invoice, is to be transferred within 14 days without deduction to the account specified in the invoice.
(4.6) The customer shall only be in default by a reminder if both the purchase price is due and the 14-day payment period has already expired. Irrespective of a reminder from the seller, if the customer is an entrepreneur, default occurs automatically 30 days after receipt of the invoice. This also applies to consumers if they have already been informed of this legal consequence in the invoice. In the event of default, the seller is entitled to demand default interest at the statutory rate, whereby the right to assert further claims for damages caused by default is reserved.
(4.7) The customer shall only be entitled to set-off if the claim asserted by him against the seller is undisputed or has been recognised by declaratory judgement. The customer may only assert rights of retention against claims arising from the same contractual relationship as the right asserted by him.
5. reservation of title
(5.1) If the customer is a consumer, all delivered goods remain the property of the seller until the purchase price has been paid in full.
(5.2) If the customer is an entrepreneur, all delivered goods shall remain the property of the seller until full payment has been made. Resale of the goods subject to retention of title as well as their processing, mixing and other utilisation is only permitted in the ordinary course of business. The customer assigns the resulting claims in the amount of the invoice in advance to the seller, who accepts the assignment. The customer may not include the assigned claims in a current account relationship. However, the customer is authorised to collect the claims on behalf of the seller until revocation by the seller, which is permissible at any time. Irrespective of the revocation, the right to use the goods subject to retention of title and the customer's right of collection shall automatically expire if the customer has suspended payments or if an application is made to open insolvency proceedings against its assets. Amounts collected by the customer by way of this collection authorisation must be forwarded to the seller immediately. At the Seller's request, the Customer shall name all assigned claims and disclose the assignment to the debtors. In the event of default, the Seller shall, notwithstanding the above, be entitled to notify the debtors of the assignment itself and to request immediate payment to the Seller.
(5.3) Pledging or transfer by way of security of the goods subject to retention of title is excluded for the duration of the retention of title. The Customer shall notify the Seller immediately of any impairment by third parties, in particular by way of enforcement, and shall provide all documents and information relevant to the legal defence and inform the third party of the existence of the retention of title.
(5.4) For the duration of the retention of title, the customer undertakes to properly secure and care for the goods subject to retention of title.
6. return of goods
(6.1) Goods purchased from us can only be exchanged within 8 days of delivery. Only goods in proper, saleable condition can be returned. The following are generally excluded from exchange: Electronic goods, tools and goods sold by the metre.
(6.2) If the goods are returned, a flat rate of 10% of the value per item will be retained as a processing fee for stock items, unless we are at fault. If it is a special order ex works, then the percentage of the respective manufacturer will be deducted, which will be deducted from the seller when the goods are returned to the factory. Any costs incurred for return transport shall be borne by the buyer.
(6.3) The credit note issued must be redeemed within 3 months. As a rule, no cash payment will be made; exceptions must be agreed with the sales management. No compensation will be paid for lost credit notes or advance payment vouchers.
(6.4) Customised products are generally excluded from return.
7. warranty
(7.1) The subject matter of the contract is the delivery of goods in accordance with the properties and specifications as set out in the product description of the Seller and the manufacturer. Other quality specifications or guarantees shall only be deemed to have been agreed if they have been expressly confirmed in writing by the Seller. Within this framework, the seller guarantees the suitability of the goods for the purpose intended according to the content of the contract or for normal use.
(7.2) The customer is obliged to inspect the goods for obvious defects or shortages immediately upon receipt of the delivery and to notify the seller of these immediately. The time of delivery and the receipt of the notice of defects by the seller are decisive for the calculation. If a defect in the delivered item becomes apparent at a later date, the customer shall be obliged to notify the seller of the defect without delay in the same way. If no notice of defects is given or if it is not given in due time, the goods shall be deemed to have been approved. The above inspection and notification obligations do not apply to consumers.
(7.3) If a defect occurs, the Customer shall initiate all necessary and reasonable measures to determine, localise and document the defect and inform the Seller accordingly. If, after examination of the notice of defect, it turns out that there is no warranty case and the customer is guilty of intent or gross negligence in connection with the unjustified notice of defect, the seller may demand compensation from the customer for the expenses incurred in processing the notice of defect.
(7.4) In the event of a warranty claim, the seller shall provide subsequent fulfilment insofar as this is possible and reasonable. This shall take the form of rectification of defects or replacement delivery of a defect-free item, whereby the choice between these two options for subsequent fulfilment shall generally be incumbent on the seller, provided the customer is not a consumer.
(7.5) If the Seller is obliged to reimburse dismantling and installation costs in accordance with the provisions of the law on the sale of consumer goods, this shall be limited to an amount that is appropriate to the value that the goods would have without the defect and the significance of the defect.
(7.6) If the chosen form of subsequent fulfilment fails, if it is impossible or unreasonable for the seller or if the defect could not be remedied after a reasonable deadline set by the customer despite an attempt at rectification, the customer shall be entitled to further statutory rights, in particular the right to reduce the purchase price or to withdraw from the contract. The customer's claims for damages shall remain unaffected within the limits of the following liability provisions.
(7.7) If the customer is a consumer, the customer's warranty rights shall expire within the statutory limitation period of two years from delivery of the item, in all other cases within one year from delivery of the item. Statutory suspension or interruption facts remain unaffected.
(7.8) Consumers also have a statutory right of cancellation in accordance with the following provisions.
8. right of cancellation for consumers
Insofar as it is a distance selling contract and the customer is a consumer, the following provisions shall apply:
If the customer is a consumer, they are entitled to the following right of cancellation. A customer is a consumer if the legal transaction in question (e.g. ordering the product(s) from the shopping basket) is concluded for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (see § 13 BGB).
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of cancellation, you must send us
Heinzmann KG
Weißenburger Str. 89
91710 Gunzenhausen
Phone 09831-5000-0
Fax 09831-5000-50
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the enclosed Cancellation form which, however, is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of around € 6.50.
You 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 the condition, properties and functionality of the goods, i.e. the goods must be in an unused and undamaged condition. In addition, the goods must be complete, in particular any original packaging, instructions for use, assembly accessories supplied etc. must be returned undamaged and complete.
9. rights of third parties
(9.1) Should a third party accuse the customer of infringing intellectual property rights with regard to the delivered goods, the customer is obliged to notify the seller immediately.
(9.2) If the delivered goods have been built according to the Customer's designs or instructions, the Customer shall indemnify the Seller against all claims, liabilities, charges and costs which are asserted by third parties due to infringements of third-party rights, in particular intellectual property rights (copyrights, patents, utility models or trademarks, etc.) through the use of the Customer's designs and instructions.
10. data protection
11. liability
(11.1) The Seller shall not be liable for slightly negligent breaches of duty, unless these relate to injury to life, limb or health or guarantees granted or the claims arise from the Product Liability Act. Liability shall also remain in force if these relate to a breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligations).
(11.2) Insofar as the Seller is liable under the above provisions for grossly negligent breach of duty or for culpable breach of cardinal obligations, the obligation to pay compensation shall be limited to typically occurring, foreseeable damage. This also applies in particular to loss of profit.
(11.3) Insofar as the Seller's liability is excluded or limited in accordance with the above provisions, this shall also apply in principle to the personal liability of employees, representatives and vicarious agents.
(11.4) Certain car parts are only suitable for installation by trained specialists. If the customer does not have sufficient expertise, he should have the installation carried out by specialised personnel in order to avoid damage. In cases of doubt, installation should only be carried out in consultation with the seller. The seller is not liable for damage caused by improper installation by the customer.
12 Applicable law, place of fulfilment and place of jurisdiction
(12.1) German law shall apply exclusively to all legal relationships covered by these General Terms and Conditions. The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1988 (UN Sales Convention, CISG) is excluded.
(12.2) The place of fulfilment and jurisdiction for all disputes is Gunzenhausen, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
(12.3) If you as a consumer have concluded a contract with us via the Internet, you can access the online dispute resolution as follows. "Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr/ find."
(12.4) Due to the Consumer Dispute Participation Act we expressly draw your attention to the fact thatthat we will participate in dispute resolution proceedings before a consumer arbitration board under the Consumer Dispute Resolution Act (Verbraucherstreibeteiligungsgesetz). not participate.
13. severability clause
(13.1) Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the existence and validity of the legal relationship and the remaining provisions of these General Terms and Conditions. The same applies to other individual contractual provisions.
(13.2) In the aforementioned cases, the parties undertake to replace each individual ineffective provision with a provision which, insofar as legally possible, comes closest to the economic purpose pursued by the ineffective provisions, taking into account the interests expressed in the existing legal relationship. Only if an adjustment is not legally possible shall the statutory provisions apply.
