Terms of service

General Terms and Conditions of HCTT Europe GmbH, Hohenkrähenstrasse 14, DE-79798 Jestetten, www.hctteurope.com - info@hctteurope.com VAT ID: DE3405864369  - HRB 731692

§ 1 General Provisions – Scope of Application

1. These General Terms and Conditions are intended exclusively for business customers. For the purposes of these terms, “business customers” are natural persons, legal entities, or partnerships with legal capacity with whom business relationships are entered into and who act in the course of a commercial or self-employed professional activity. By accepting the following terms and conditions as a customer, you confirm to HCTT Europe GmbH, among other things, that you are a business entity.

2. These Terms and Conditions apply to all current and future business relationships between you and HCTT Europe GmbH in their currently valid version. They apply to all information provided in connection therewith in brochures, price lists, advertisements, etc., regardless of whether such information was provided verbally or in writing.

3. Any deviating, conflicting, or supplementary general terms and conditions shall not become part of this 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 future effect.

§ 2 Conclusion of the Contract

1. Offers from HCTT Europe GmbH are subject to change without notice, unless otherwise agreed in writing.

2. By placing an order for goods, you are making a binding declaration of your intent to purchase the ordered goods. HCTT Europe GmbH is entitled to accept the contractual offer contained in the order within two weeks of receiving it. Acceptance may be declared either in writing or by delivering the goods to you.

3. The conclusion of the contract is subject to HCTT Europe GmbH receiving the correct goods from its suppliers in a timely manner. This applies only if HCTT Europe GmbH is not responsible for the failure to deliver. You will be notified immediately of the unavailability of the service. Any payment already made will be refunded immediately.

4. HCTT Europe GmbH grants a 14-day right of return, effective from the date of delivery, for all goods listed in the current catalog that were not sold to you at a special price. As a general rule, only goods that are unopened, in perfect condition, and in their original packaging will be accepted for return. Return shipping to HCTT Europe GmbH is at your expense and risk. Returns sent freight collect will not be accepted without prior consultation with HCTT Europe GmbH.

5. Any amendments to a concluded contract must be made in writing. This written form requirement may only be waived in writing.

6. Section 454 of the German Civil Code (BGB) and Section 455 of the German Civil Code (BGB) (law of the Federal Republic of Germany) do not apply (applies only to 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 paid in full.

2. As a customer, you are obligated to handle the goods with care. If maintenance and inspection work is required, you must perform it regularly at your own expense. You also agree to notify HCTT Europe GmbH of any change in your place of residence or business address.

3. If the value of the collateral held by HCTT Europe GmbH exceeds its claims by more than 20% in total, HCTT Europe GmbH is obligated, upon your request, to release collateral in the amount of the excess value, up to a limit of 120% of the outstanding claims, at its discretion.

4. You agree to notify HCTT Europe GmbH immediately of any third-party access 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 terminate the contract and demand the return of the goods in the event of a breach of contract on your part, in particular in the event of late payment or a breach of an obligation under Section 4 of these Terms and Conditions.

6. You are entitled to resell the goods in the ordinary course of business. You hereby assign to HCTT Europe GmbH all claims arising from the resale to a third party in the amount of the invoice total. HCTT Europe GmbH accepts this assignment. Following the assignment, you are authorized to collect the receivable. HCTT Europe GmbH reserves the right to collect the receivable itself as soon as you fail to properly meet your payment obligations and fall into default. If you are in default, in whole or in part, on one or more payments; if you suspend payments; or if an application has been filed to open insolvency proceedings against your assets, you are no longer authorized to dispose of the goods subject to retention of title. HCTT Europe GmbH is then entitled to withdraw from the contract, to take back the goods subject to retention of title, or to revoke the authorization granted to you to collect receivables from resales, as well as to demand information regarding the recipients of the goods subject to retention of title, to notify them of the assignment of the corresponding receivable, and to collect the receivable itself. HCTT Europe GmbH is entitled to dispose of any recovered goods subject to retention of title on the open market at its sole 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, applicable only to German customers)

7. Neither the assertion of the retention of title nor the seizure of the delivered goods by HCTT Europe GmbH shall be deemed a withdrawal from the contract.

§ 4 Compensation

1. The purchase price quoted by HCTT Europe GmbH is binding. The listed (net) product price does not include shipping or insurance costs, fees, or taxes; these costs will be billed separately.

2. HCTT Europe GmbH reserves the right to adjust prices accordingly for future transactions in the event of changes in exchange rates, customs duties, taxes, freight and insurance costs, or cost of goods sold.

3. HCTT Europe GmbH is entitled to change prices even after the contract has been concluded if there is verifiable evidence that the cost factors relevant to pricing have changed or that HCTT Europe Trading’s supplier has verifiably increased its prices.

4. Unless otherwise agreed, the prices listed in the current HCTT Europe GmbH price list as of the date of delivery (list price) shall apply.

§ 5 Terms of Payment

1. Unless otherwise agreed, the purchase price, as well as any other fees, charges for ancillary services, and expenses advanced, are due upon delivery of the purchased item. Any cash discount is calculated based on the net invoice amount.

2. You may pay the purchase price in advance, by cash on delivery, by direct debit, or by invoice. HCTT Europe GmbH is not obligated to accept checks or bills of exchange. If these are accepted, such acceptance shall be deemed payment on account only.

3. HCTT Europe GmbH reserves the right, in the event of late payment on your part, to withhold deliveries and/or services until all outstanding claims have been paid in full, and to demand late payment interest as well as compensation for any further damages incurred by the user as a result of the delay.

4. You may exercise a right of retention only if the counterclaim is based on the same contractual relationship.

5. You are not entitled to set off any claims against HCTT Europe GmbH unless the claim being set off is undisputed or has been legally established.

6. If, when placing the order, you misrepresented your creditworthiness to HCTT Europe GmbH or failed to disclose it, and HCTT Europe GmbH was unable to detect this fact, HCTT Europe GmbH may withdraw from the contract without granting a grace period. If such circumstances arise after the order has been placed, HCTT Europe GmbH is entitled to withdraw from the contract.

7. While in default, you must pay interest on the outstanding amount at a rate of 8% above the base rate. If you are more than 30 days in default, HCTT Europe GmbH will send you a reminder. The cost per reminder is at least 12 EUR and must be reimbursed by you, in addition to any other collection costs that may apply.

§ 6 Delivery

1. Delivery times are approximate. Agreed delivery periods do not begin until you have fulfilled any obligations to cooperate.

2. HCTT Europe GmbH is entitled to make partial deliveries. The order confirmation specifies the delivery address. The goods will be delivered in standard commercial packaging suitable for normal shipping. In the event of a delay in acceptance, you shall bear all associated costs, in particular storage and labor costs.

3. Unless otherwise agreed, HCTT Europe GmbH reserves the right to choose the route and means of transport. All deliveries are made ex warehouse and at the customer’s expense and risk. You, as the customer, also bear the transport risk even if, in exceptional cases, the shipping costs are 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 items and products listed separately with an individual price on an invoice or order confirmation are considered separate items to which any warranty rights apply separately.

2. If the remedy fails, you may generally choose to request either a reduction in the purchase price or rescission of the contract. However, in the case of a minor breach of contract—in particular, minor defects—you do not have the right to rescind the contract.

3. You must notify HCTT Europe GmbH in writing of any apparent defects immediately, but no later than two weeks after receipt of the goods; otherwise, you will be barred from asserting any warranty claims. Timely dispatch is sufficient to meet the deadline. You bear the full burden of proof for all requirements for a claim, in particular for the defect itself, for the time at which the defect was discovered, and for the timeliness of the notice of defect.

4. In the case of complaints where, upon inspection, no defect attributable to HCTT Europe GmbH is found, or complaints resulting from operating errors or improper handling on your part, you are obligated to reimburse HCTT Europe GmbH for all costs incurred in connection with the investigation of the alleged defects.

5. If you wish to rescind the contract due to a legal defect or a material defect after a failed attempt at subsequent performance, you are not entitled to any additional claim for damages based on the defect. If you seek damages following a failed attempt at subsequent performance, the goods shall remain with you if this is reasonable to expect of you. Damages are limited to the difference between the purchase price and the value of the defective item. This does not apply if HCTT Europe GmbH caused the breach of contract through willful misconduct.

6. The warranty period is one year from the date of delivery of the goods, provided that HCTT Europe GmbH is not accused of fraudulent intent.

7. If the delivered items are used goods and are expressly sold as such, the warranty is excluded. HCTT Europe GmbH is not liable for typical signs of wear and tear or other malfunctions or limitations in usability that are to be expected due to the age of the goods. Any claim for replacement is excluded.

8. As a general rule, only the manufacturer’s product description shall be deemed to have been agreed upon as the quality of the goods. Public statements, promotional claims, product samples, display samples, or the manufacturer’s advertising do not, in addition, constitute a contractual specification of the goods’ quality.

9. HCTT Europe GmbH does not provide any warranties in the legal sense. Manufacturer warranties remain unaffected by this.

§ 8 Limitations on Liability

1.1 In cases of slight negligence, HCTT Europe GmbH shall be liable only for breaches of material contractual obligations (cardinal obligations), for personal injury, and in accordance with the Product Liability Act. In all other respects, pre-contractual, contractual, and non-contractual liability is limited to willful misconduct and gross negligence, and this limitation of liability also applies in the event of fault on the part of a vicarious agent or legal representative.

1.2 Unless material contractual obligations are breached due to gross negligence or willful misconduct, HCTT Europe GmbH’s liability for damages incurred (including consequential damages) is limited to the typical, foreseeable average damages at the time the contract was concluded and, in terms of amount, to the order value per claim and damages arising from a single series of events. All further rights and claims, regardless of their legal basis, are excluded, in particular compensation for indirect damages such as lost profits.

1.3 Liability is excluded to the extent that the damage incurred could have been prevented had you taken reasonable measures to mitigate the damage.

1.4 In particular, you hereby confirm that you will use the goods only for their intended purpose and that you will carry out your activities in a professional manner.

2. The foregoing limitations of liability do not apply to claims you may have under product liability law. Furthermore, the limitations of liability do not apply to bodily injury or damage to health attributable to HCTT Europe GmbH.

3. Your claims for damages arising from a defect are subject to a one-year statute of limitations beginning on the date of delivery of the goods. This does not apply if HCTT Europe GmbH is found to have acted with fraudulent intent.

§ 9 Data Protection

Detailed information regarding the collection, processing, and use of the user’s personal data in connection with registration, the performance of the User Agreement, and the use of HCTT Europe GmbH’s services can be found in theHCTTEuropeGmbH Privacy Policy.

§ 10 Final Provisions

1. The laws of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and other international laws 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 bring legal action at the customer’s principal place of business.

3. Customer data is subject to electronic data processing as part of order fulfillment and is stored as customer master data. Data may be shared with third parties for the purpose of credit checks. You consent to the storage of this data and its use in connection with order fulfillment.

4. Should any 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 provision that is wholly or partially invalid shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.