Terms of service
General Terms and Conditions of Business
General Terms and Conditions of HCTT Europe GmbH, Hohenkrähenstrasse 14 DE-79798Jestetten, www.hctteurope.com - email@example.com VAT: DE3405864369 - HRB 225818 B
§ 1 General - Scope of application
1 These General Terms and Conditions are directed exclusively at entrepreneurs. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity with whom business relations are entered into and who act in the exercise of a commercial or independent professional activity. By accepting the following terms and conditions as a customer, you confirm to HCTT Europe GmbH, among others, that you are an entrepreneur.
2. the terms and conditions apply to all current and future business relationships between you and HCTT Europe GmbH in their current version. They apply to all information provided in connection with this in brochures, price lists, advertisements, etc. This applies irrespective of whether the information was provided verbally or in text form.
3. deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if HCTT Europe GmbH is aware of them, unless HCTT Europe GmbH expressly agrees to their validity in writing.
4 HCTT Europe GmbH is entitled to amend these General Terms and Conditions at any time with effect for the future.
§ 2 Conclusion of contract
1 Offers made by HCTT Europe GmbH are subject to change unless otherwise agreed in writing.
2. by ordering goods, you make a binding declaration that you wish to purchase the goods ordered. HCTT Europe GmbH is entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivery of the goods to you.
3. the conclusion of the contract is subject to correct and timely delivery to HCTT Europe GmbH. This only applies in the event that HCTT Europe GmbH is not responsible for non-delivery. You will be informed immediately about the non-availability of the service. Any consideration already paid will be refunded immediately.
4. HCTT Europe GmbH grants a right of return of 14 days from delivery for all goods listed in the current catalog which have not been sold to you at a special price. Only goods in unopened, perfect condition and in their original packaging will be taken back. The return shipment to HCTT Europe GmbH is at your expense and risk. Unpaid returns will not be accepted without prior consultation with HCTT Europe GmbH.
5. changes to a concluded contract must be made in writing. A revocation of this written form clause can only be made in writing.
6. § 454 BGB and § 455 BGB (law of the Federal Republic of Germany) do not apply (only valid for German customers)
§ 3 Retention of title
1 HCTT Europe GmbH retains title to the goods until all claims arising from an ongoing business relationship have been settled in full.
2. you as the customer are obliged to treat the goods with care. If maintenance and inspection work is required, you must carry this out regularly at your own expense. You are also obliged to inform HCTT Europe GmbH of any change of residence or place of business.
3. if the value of the securities existing for HCTT Europe GmbH exceeds its claims by a total of more than 20%, HCTT Europe GmbH is obliged to release the securities in the amount of the exceeding value up to the limit of 120% of the outstanding claims at its discretion upon your request.
4. you undertake to inform HCTT Europe GmbH immediately of any access by third parties to the goods subject to retention of title, for example in the event of seizure, as well as of any damage to or destruction of the goods.
5 HCTT Europe GmbH is entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract on your part, in particular in the event of default of payment or breach of an obligation under Clause 4 of this provision.
6. you are entitled to resell the goods in the ordinary course of business. You hereby assign to HCTT Europe GmbH all claims in the amount of the invoice amount which accrue to you against a third party as a result of the resale. HCTT Europe GmbH accepts the assignment. After the assignment you are authorized to collect the claim. HCTT Europe GmbH reserves the right to collect the claim itself as soon as you do not properly fulfill your payment obligations and are in default of payment. If you are in arrears with one or more payments in whole or in part, if you cease payment or if insolvency proceedings have been applied for against your assets, you are no longer entitled to dispose of the reserved goods. HCTT Europe GmbH is then entitled to withdraw from the contract, to take back the reserved goods or to revoke the authorization granted to you to collect the claims from resale and to demand information about the recipients of the reserved goods and to notify them of the assignment of the corresponding claim and to collect the claim itself. HCTT Europe GmbH is entitled to utilize the goods subject to retention of title at its own discretion. In the event of further processing, HCTT Europe GmbH remains the manufacturer within the meaning of § 950 BGB (law of the Federal Republic of Germany, only applicable to German customers)
7. neither the assertion of the retention of title nor the seizure of the delivery item by HCTT Europe GmbH shall be deemed a withdrawal from the contract.
§ 4 Remuneration
1. the purchase price offered by HCTT Europe GmbH is binding. The quoted product (net) price does not include shipping or insurance costs as well as expenses and taxes; these costs are calculated separately.
2 HCTT Europe GmbH reserves the right to adjust prices accordingly in the event of changes in exchange rates, customs duties, taxes, freight and insurance costs or purchase costs with effect for future transactions.
(3) HCTT Europe GmbH is entitled to change the prices even after conclusion of the contract if the cost factors relevant for pricing have demonstrably changed or if the supplier of HCTT Europe Trading has demonstrably increased the prices.
4 Unless otherwise agreed, the prices according to the valid price list of HCTT Europe GmbH on the day of delivery (list price) shall apply.
§ 5 Terms of payment
1. unless otherwise agreed, the purchase price as well as other remunerations, prices for ancillary services, disbursed costs are due for payment upon delivery of the object of purchase. A discount deduction is calculated from the net invoice amount.
2. you can pay the purchase price by prepayment, cash on delivery, direct debit or invoice. HCTT Europe GmbH is not obliged to accept checks and bills of exchange. If these are accepted, this shall only be deemed as payment on account of performance.
(3) HCTT Europe GmbH reserves the right to withhold deliveries and/or services in the event of default of payment on your part until full payment of any outstanding claims, to demand interest on arrears and compensation for further damages incurred by the user as a result of the default.
4. you may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
5. you are not entitled to offset claims against HCTT Europe GmbH unless the claim for offsetting is undisputed or has been legally established.
6. if you have deceived HCTT Europe GmbH about your creditworthiness when placing the order or if this was lacking and this circumstance was not recognizable for HCTT Europe GmbH, HCTT Europe GmbH can withdraw from the contract without a grace period. If such circumstances occur after the order has been placed, HCTT Europe GmbH is entitled to withdraw from the contract.
7. during a delay you have to pay interest on the money owed at a rate of 8% above the prime rate. If you are more than 30 days in arrears, HCTT Europe GmbH will send you a reminder. The costs per reminder amount to at least EUR 12.00 and are to be reimbursed by you in addition to any other collection costs.
§ 6 Delivery
1. delivery times are only approximate. Agreed delivery periods only begin to run when you have fulfilled any obligations to cooperate.
2 HCTT Europe GmbH is entitled to make partial deliveries. The place to which delivery is to be made is specified in the order confirmation. The goods shall be delivered in customary packaging suitable for normal shipment. In the event of default of acceptance, you shall bear all associated costs, in particular storage and labor costs.
3. in the absence of any agreement to the contrary, HCTT Europe GmbH reserves the right to choose the route and means of transportation. All deliveries are always made ex warehouse and at the expense and risk of the customer. You as the customer also bear the transportation risk if the shipping costs are exceptionally borne by the user.
§ 7 Warranty
1 HCTT Europe GmbH shall, at its discretion, remedy defects in the goods by repair or replacement within a reasonable period of time. All articles and products which are listed separately in an invoice/order confirmation with an individual price are deemed to be an independent item to which any warranty rights apply separately.
2. if the subsequent performance fails, you may in principle demand a reduction of the remuneration or rescission of the contract at your discretion. However, in the event of only a minor breach of contract, in particular in the case of only minor defects, you are not entitled to withdraw from the contract.
3. you must notify HCTT Europe GmbH of obvious defects in writing without delay, but at the latest within a period of two weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. You shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
4. in the event of complaints which, after inspection, do not reveal a defect for which HCTT Europe GmbH is responsible, or which are based on operating errors or improper handling on your part, you are obliged to reimburse all costs incurred by HCTT Europe GmbH as a result of the inspection of the alleged defects.
5. if you wish to withdraw from the contract due to a legal or material defect after subsequent performance has failed, you are not entitled to any additional claim for damages due to a defect. If you wish to claim damages after failed subsequent performance, the goods shall remain with you if this is reasonable for you. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if HCTT Europe GmbH has maliciously caused the breach of contract.
6 The warranty period is one year from delivery of the goods, unless HCTT Europe GmbH can be accused of fraudulent intent.
7. if the delivered goods are used goods and are expressly sold as used goods, the warranty is excluded. HCTT Europe GmbH is not liable for typically expected signs of wear and tear or other malfunctions or limitations of usability to be expected due to age. A claim for subsequent delivery is excluded.
8. only the manufacturer's product description shall be deemed agreed as the quality of the goods. Public statements, promotions, product and visual samples or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.
9. you will not receive any guarantees in the legal sense from HCTT Europe GmbH. Manufacturer warranties remain unaffected by this.
§ 8 Limitations of liability
1.1 In the event of slight negligence, HCTT Europe GmbH shall only be liable for breach of material contractual obligations (cardinal obligations) as well as for personal injury and in accordance with the German Product Liability Act. Otherwise, pre-contractual, contractual and non-contractual liability is limited to intent and gross negligence, whereby the limitation of liability also applies in the event of fault on the part of a vicarious agent or legal representative.
1.2 Insofar as essential contractual obligations are not violated through gross negligence or willful intent, HCTT Europe GmbH's liability for damages incurred (including indirect damages) is limited to the typical, foreseeable average damages at the time of conclusion of the contract and the amount is limited to the order value per case of damage and series-related damages. All further rights and claims, irrespective of the legal basis, are excluded, in particular compensation for indirect damages such as loss of profit.
1.3 Liability is excluded to the extent that the damage incurred could have been prevented by you taking reasonable measures to minimize the damage.
1.4 In particular, you hereby confirm that you will only use the goods within the scope of their intended use and that you will carry out your activities in a professional manner.
2 The above limitations of liability do not apply to claims on your part arising from product liability. Furthermore, the limitations of liability do not apply to physical injury and damage to health attributable to HCTT Europe GmbH.
3. claims for damages on your part due to a defect expire one year after delivery of the goods. This does not apply if HCTT Europe GmbH can be accused of fraudulent intent.
§ 9 Data protection
§ 10 Final provisions
1. the law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods and other international law shall not apply.
2. the place of jurisdiction for all disputes arising from this contract is the registered office of HCTT Europe GmbH. HCTT Europe GmbH reserves the right to take legal action at the customer's headquarters.
3. customer data is subject to electronic data processing in the context of order processing and is stored as customer master data. Data may be exchanged with third parties for the purpose of credit checks. You agree to the storage of the data and its use in the context of order processing.
4. should individual provisions of the contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.