Terms of service
§ 1 scope
(1) For all contracts concluded via the online shop at www.hf-pdrtools.de between HF PDR Tools GmbH, Nelkenstr. 3, 75382 Neuhengstett, Germany (hereinafter "provider") and the customer (hereinafter "customer") apply exclusively the following general terms and conditions in the version valid at the time the respective contract was concluded. The inclusion of the customer's own conditions is hereby rejected, unless otherwise agreed.
(2) Customers within the meaning of these general terms and conditions can be both consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 subject matter of the contract
The subject of the contract is the sale of goods by the provider. The details, in particular the essential characteristics of the goods, can be found in the respective item description.
§ 3 Registration
(1) Registration by the customer is not required for orders in the provider's online shop.
(2) If the customer wants to use the personal data required for the order for further orders or to be able to call up an overview of his orders via “My Account” and change the personal data entered by him, a registration and an one-time registration is required .
(3) A form is made available to the customer for registration, which he must truthfully fill out online and send. The customer's email address is used as the username. The customer can set the password himself. The customer is obliged to keep the password secret and not to disclose it to third parties.
§ 4 conclusion of contract
(1) The product presentations contained in the provider's online shop do not represent any legally binding offers on the part of the provider, but merely serve to request the customer to submit a binding offer.
(2) The customer can select goods from the supplier's range and collect them in a so-called shopping cart using the "Add to shopping cart" button. By clicking the “Order with obligation to pay” button, he submits a binding application to purchase the goods in the shopping cart. Before the binding submission of the order, the customer can correct his entries at any time using the usual keyboard and mouse functions. Input errors can also be corrected by the customer cancelling the purchase process and starting again if necessary. If the customer wants to cancel the ordering process completely, he can simply close the browser window. The binding application to purchase the goods in the shopping cart can only be submitted and transmitted if the customer accepts these general terms and conditions by clicking on the checkbox "I have read the terms and conditions of your shop and I agree to their validity.".
(3) The provider then sends the customer an automatic confirmation of receipt by email in which the customer's order is listed again. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate e-mail (order confirmation), at the latest, however, when the ordered goods are dispatched.
(4) The customer can also submit the offer to the provider by email, fax or telephone.
(5) If the customer has not received an order confirmation or notification of the delivery or no goods within five days, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his offer. Any payments already made by the customer will be reimbursed immediately in this case.
(6) When submitting an offer via the online order form, the contract text for the customer's order is saved by the provider and sent to the customer by email after the order has been sent as part of the order confirmation. In addition, the text of the contract is archived in the provider's online shop and can be accessed by the customer via his password-protected customer account under "My Account", provided that the customer has created a customer account in the provider's online shop before submitting his order.
(7) Only the German language is available for the conclusion of the contract.
§ 5 availability of goods
(1) If the goods ordered by the customer are temporarily unavailable at the time the customer places the order, the provider shall notify the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(2) If the goods ordered by the customer are permanently unavailable at the time of the customer's order, the provider shall notify the customer of this immediately by email and otherwise refrain from making a declaration of acceptance. A contract is not concluded in this case.
§ 6 Shipping and delivery time
(1) The customer can find the respective shipping method in the shipping information for the article.
(2) Delivery takes place at the latest within the delivery time specified for the individual item (Monday to Friday, excluding public holidays). The delivery period begins on the day after the order is sent.
(3) In the case of self-collection, the provider first informs the customer by email or telephone that the goods he has ordered are ready for collection. The customer can then collect the goods after consulting the provider. In this case, no shipping costs will be charged.
(4) The supplier bears the shipping risk for ordered goods if the customer is a consumer. If the customer is an entrepreneur, the shipment is at his own risk.
§ 7 prices and shipping costs
(1) The prices quoted by the provider are in euros (EUR) including the applicable statutory value added tax. In addition, there are any shipping costs.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless he makes use of his right of withdrawal.
(3) If the delivery is made to countries outside the European Union, additional costs such as customs duties, taxes or fees may be incurred in individual cases, which are to be borne by the customer.
§ 8 Terms of Payment
(1) Various payment options are available to the customer, which are specified in the provider's online shop.
(3) If the customer has chosen the invoice payment method, the purchase price is due for payment within 14 days of receipt of the invoice without any deductions.
(4) Upon collection, if payment is made in cash, the purchase price claim becomes due upon receipt of the goods.
§ 9 right of withdrawal
(1) Consumers generally have a right of withdrawal. More detailed information on the right of cancellation can be found in the provider's cancellation policy.
(2) The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
§ 10 retention of title
(1) In relation to consumers, the provider retains ownership of the goods delivered until the purchase price owed has been paid in full.
(2) If the customer is an entrepreneur, the provider reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full. The customer is entitled to resell the goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the provider in the amount of the respective invoice value (including sales tax). Regardless of this assignment, the customer remains entitled to collect the claim. The authority of the provider to collect the claims himself remains unaffected by this; however, the provider undertakes not to collect the claim as long as the customer properly meets his payment obligations, does not fall into arrears and no application has been made to open insolvency proceedings.
§ 11 Liability for Defects
(1) The provider is liable for defects in the delivered goods in accordance with the applicable statutory provisions.
(2) However, if the customer is an entrepreneur, the limitation period for claims for defects is one year from the transfer of risk. The limitation period does not start again if a replacement is delivered within the scope of liability for defects. The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. The same applies to willful breach of duty and fraudulent concealment of a defect.
(3) If a guarantee is shown in the item description, the statutory warranty rights of the customer towards the provider remain unaffected. The content of the guarantee and all the essential information required to enforce the guarantee can be found in the guarantee conditions of the guarantor specified for the article.
§ 12 liability
(1) Claims of the customer for damages are excluded, unless otherwise specified below.
(2) Excluded from the exclusion of liability are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations as well as liability for other damage resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or Vicarious agents are based. Essential contractual obligations are those whose fulfillment is necessary to achieve the contractual objective and on which the customer can rely. These include, for example, the obligations of the provider to hand over the purchased goods to the customer free of material defects and defects of title and to provide him with ownership of them.
(3) If the provider negligently breaches an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless the customer is entitled to compensation for damage to life, limb or health.
(4) The above disclaimer also applies in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(5) The provisions of the Product Liability Act remain unaffected.
§ 13 final provisions
(1) The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the UN Sales Convention. In the case of consumers, this choice of law only applies in so far as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(2) If the customer acts as a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.