Terms of service
Terms of Service
We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
- 1 Scope, subject and conclusion of the respective contract
- The following conditions finally regulate the contractual relationship between Hoiz Handels GmbH, dd managing director Arthur Aldinger and Clemens Cramer, Pleinfelder Strasse 70, 91166 Georgensgmünd, hereinafter referred to as "seller" and the respective customer.
- These terms and conditions apply exclusively. Conditions of the customer which conflict with or deviate from these terms and conditions will not be recognized unless the seller has expressly agreed to them in individual cases.
- They apply to both consumers and entrepreneurs. Consumers within the meaning of these General Terms and Conditions is any natural person who places the order for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the exercise of its commercial or independent professional activity.
- The subject of the respective contract is the sale of goods by the seller to the customer.
- The offers made available by the seller on his website are binding offers to conclude a purchase contract. An effective purchase contract between the parties is concluded when the buyer clicks on "order with payment" at the end of the ordering process.
- The text of the contract and the general terms and conditions will be sent to the customer by email after the order. In addition, the customer who has created a customer account can call up their respective orders at any time after the contract is concluded.
- The contract is concluded exclusively in German. German law is applicable if the customer is a merchant.
- All prices are gross EU prices.
- 2 Execution of the purchase contract, shipping costs
- The customer bears the shipping costs from the location of the seller's branch in accordance with the shipping costs table valid at the time of the order.
- Upon conclusion of the purchase contract, payment of the purchase price is due immediately. The customer has the possibility to choose between different payment methods.
- The seller is entitled to withdraw from the contract if, despite the prior conclusion of a corresponding purchase contract, he himself does not receive the service item; the seller's responsibility for intent or negligence remains unaffected. In this case, the seller will inform the buyer immediately of the unavailability and will immediately reimburse him for any service already rendered. In this case, the seller reserves the right to offer goods of equal price and quality, with the aim of concluding a new contract for the purchase of goods of the same price and quality.
- Insofar as it is a mutual trade transaction within the meaning of the German Commercial Code, the customer will examine the ordered goods immediately after delivery. This applies in particular with regard to the completeness of the goods and the respective functionality. Defects that are found here or are easily ascertainable must be reported to the seller immediately. Include a detailed description of the defect. If the buyer fails to notify, the goods are deemed to have been approved unless there is a defect that was not apparent during the inspection.
- Defects in the goods that are part of the proper inspection according to Paragraph 5 cannot be determined, must be communicated to the seller immediately after their discovery, insofar as it is a mutual trading transaction; otherwise, the goods are also considered approved in view of this defect.
- 3 Warranty and liability
- The seller is generally liable for defects in the goods in accordance with the statutory provisions of the law on sales (§§ 434 ff. BGB) and - if the customer is a consumer - the consumer goods right (§§ 474 ff. BGB), unless this GTC applies something else determined.
- If the customer is an entrepreneur, the warranty period for the rights under § 437 No. 1 and No. 3 BGB for new articles deviates from § 438 Paragraph 1 No. 3 BGB one year from the start of the statutory limitation period. In the case of section 438 (1) no.3 of the German Civil Code, the statutory warranty period of two years applies to consumers.
- If the customer is an entrepreneur, the warranty for used items is excluded. Towards consumers, the warranty period for the rights under Section 437 No. 1 and No. 3 BGB for used articles is shortened to one year from the start of the statutory limitation period, in deviation from Section 438 Paragraph 1 No. 3 BGB.
- The seller is generally not liable for damage caused by slight negligence.
- The limitations of liability according to the previous numbers 2, 3 and 4 do not apply to damage resulting from injury to life, limb or health, fraudulent concealment of defects, claims under the Product Liability Act, in the event of willful intent and gross negligence, or in the event of violation of Obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely.
- 4 Retention of title, transfer of risk
- The delivered goods remain the property of the seller until full payment.
- If the customer is an entrepreneur, the risk is transferred to the entrepreneur when the goods are shipped to the transport company. For consumers, the transfer of risk only occurs when the goods are handed over to the customer.
- 5 Delay and delay costs
- The customer, who is not a consumer, is in default if he has not performed within 30 days after the due date.
- Consumers are also in default within 30 days of the due date if you are informed of this in the invoice or request for payment.
- The seller is entitled to charge a flat-rate reminder fee of € 2.50 to the customer for each reminder. The customer is allowed to prove that no or only minor damage has occurred. The assertion of further reminder costs is expressly reserved.
- 6 final provisions
- German law, excluding the United Nations Convention on Contracts for the International Sale of Goods, applies exclusively to these general terms and conditions and to the respective contract of sale if the customer is not a consumer.
- If the parties are full merchants, the city of the seller's registered office is agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.
- Should one or more clauses of these terms and conditions be ineffective in whole or in part, this should not affect the validity of the remaining provisions.
As of January 1st, 2020