General terms and conditions and customer information
I. General terms and conditions
Section 1 Basic regulations
(1) The following terms and conditions shall apply to all contracts that you conclude with us as the provider (Georg Hagelschuer GmbH & Co. KG, Gewerbestrasse 60, 48249 Dülmen-Buldern, Germany) via the website www.dampfkessel.shop unless an amendment is agreed between the parties in writing. Deviating or opposing terms and conditions shall only be effective with our express agreement.
(2) We only offer our goods for sale insofar as you are a natural or legal person or a partnership with legal capacity acting in the exercise of your commercial or independent professional activity in concluding the legal transaction (entrepreneur). The conclusion of a purchase contract with consumers shall be excluded.
Section 2 Establishment of the contract
(1) The purpose of the contract shall be the sale of goods. The essential features of the goods are stated in the respective offer.
(2) Our offers on the Internet are non-binding and shall not constitute a binding offer to conclude a contract.
(3) You may submit a binding contractual offer (purchase order) by telephone, by e-mail, by fax, by post or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods intended to be purchased are placed into the ‘shopping cart’. You can call up the ‘shopping basket’ using the corresponding button in the navigation bar and make changes there at any time. After calling up the ‘Checkout’ page and entering your personal data as well as the payment and shipping methods, all purchase order data are finally displayed once more on the purchase order overview page.
Before sending your purchase order, you have the possibility of checking all of the data here again, of changing them (also using the Internet browser’s ‘back’ function) or of cancelling your purchase. On sending your order using the corresponding button, you submit a binding offer to us.
You will initially receive an automatic e-mail regarding the receipt of your purchase order; this shall not yet lead to the conclusion of the contract.
(4) On ordering by telephone, the acceptance of the offer (and therefore the conclusion of the contract) shall take place immediately or within a maximum of five days by means of confirmation in text form (e.g. e-mail) in which the execution of the purchase order or the delivery of the goods shall be confirmed to you (order confirmation).
If you have not received a corresponding message within this period of time, you shall no longer be bound to your purchase order. Any payments that have already been made shall be refunded immediately in this case.
(5) On request, we shall prepare an individual offer for you; this shall be sent to you in text form, and we shall be bound to it for five days. The offer shall be accepted by you by means of confirmation in text form.
(6) Processing of the purchase order and the transfer of all information required in connection with the conclusion of the contract shall take place partially automatically by e-mail. You shall therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
Section 3 Prices, terms and conditions of payment and shipping costs
(1) The prices quoted in the respective offers as well as the shipping prices shall be net prices. They shall not include the statutory value added tax.
(2) The due shipping costs shall not be included in the purchase price; they shall be calculated separately, unless free shipping has been agreed. Further details can be found under an accordingly designated button on our website or in the respective offer.
(3) You shall have the payment options shown under an accordingly designated button on our website or in the respective offer. Insofar as no other payment period is specified under the individual methods of payment or on the invoice, the payment claims arising from the concluded contract shall be due for payment immediately. The deduction of discounts shall only be permissible insofar as this is expressly stated in the respective offer or on the invoice.
Section 4 Terms and conditions of delivery
(1) The likely delivery period shall be specified in the respective offer. Delivery dates and delivery periods shall only be binding if they have been confirmed by us in writing. If advance payment by bank transfer is selected as the method of payment, the goods shall only be shipped following the receipt of the full purchase price and the shipping costs by us.
(2) Should, contrary to expectations, a product ordered by you not be available despite the timely conclusion of an adequate covering transaction due to a reason that is not our fault, you shall be informed immediately about such lack of availability and any payments that have already made shall be refunded immediately in the event of withdrawal.
(3) Shipping shall take place at your risk. Should you desire, shipping shall take place with corresponding transport insurance, whereby the resulting costs that arise shall be borne by you.
(4) Partial deliveries shall be permissible and can be independently invoiced by us insofar as you are not burdened with additional costs for shipping as a result.
Section 5 Warranty
(1) The warranty period shall be one year as of delivery of the item. Shortening of this period shall not apply:
(2) Only our own specifications and the manufacturer's product description shall be regarded to have been agreed as the quality of the item, but not other advertising, public claims or statements by the manufacturer.
(3) In the event of defects, we shall fulfil the warranty through subsequent improvement or subsequent delivery as we so choose. If the rectification of defects fails, you may demand a reduction in the purchase price or withdraw from the contract as you so choose. The rectification of defects shall be considered to have failed after a second unsuccessful attempt unless, in particular, the nature of the item or the defect or other circumstances indicate otherwise. In the case of subsequent improvement, we shall not bear the increased costs incurred due to the transport of the goods to a location other than the place of performance insofar as such transport does not correspond to the intended use of the goods.
Section 6 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it pertains to claims from the same contractual relationship.
(2) We shall retain title to the goods until all claims arising from the current business relationship have been settled in full. Mortgaging or assignment by way of security shall be impermissible prior to the transfer of ownership of the reserved goods.
(3) You may resell the goods in the ordinary course of business. In this case, you shall already assign to us all claims from such resale to the value of the invoice amount due to you; we shall accept the assignment. You shall additionally be authorised to collect the claim. Insofar as you fail to meet your payment obligations correctly, however, we reserve the right to collect the claim ourselves.
(4) In the event that the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities due to you on request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
Section 7 Choice of law, place of performance, legal venue
(1) German law shall apply; the UN Convention on the International Sale of Goods shall be excluded.
(2) The place of performance and the legal venue shall be our place of business if you are a merchant, a public law entity or a special fund under public law. This shall also apply if you do not have a general legal venue in Germany or the EU.
II. Customer information
1. Identity of the vendor
Georg Hagelschuer GmbH & Co. KG
2. Information regarding the establishment of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself as well as the correction options shall take place pursuant to Section 2 of our general terms and conditions (part I).
3. Contract language, storage of the contract text
3.1. The language of the contract shall be German.
3.2. The full text of the contract shall not be stored by us. Before sending the purchase order or the enquiry, the contract data can be printed out or saved electronically using the browser's print function.
These GTCs have been prepared by Händlerbund lawyers specialised in IT law and are continuously reviewed as regards legal conformity. Händlerbund Management AG guarantees the legal security of the texts and bears liability in the event of cautions. More detailed information on this can be found at: http://www.haendlerbund.de/agb-service.
Last updated: 07.12.2017