TERMS & CONDITIONS HENSEL WEBSHOP
1. Scope of Application / Definitions
1.1 All orders placed via our online shop by consumers and entrepreneurs are subject exclusively to the following General Terms and Conditions in the version valid at the time the order is placed.
1.2 For the purposes of these General Terms and Conditions of Sale, a "consumer" is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An "entrepreneur," by contrast, is any natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business, or profession when concluding the contract.
1.3 In dealings with entrepreneurs, these General Terms and Conditions of Sale also apply to future business relationships without the need for us to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to their inclusion.
2. Contracting Parties, Conclusion of Contract
2.1 The purchase contract is concluded with HENSEL-VISIT GmbH & Co. KG (in insolvency proceedings), Robert-Bunsen-Str. 3, 97076 Würzburg, registered in the commercial register of the Würzburg Local Court under HR A 7255.
2.2 The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalog. The customer may select items from the displayed product range and collect them in a virtual shopping cart using the online order form provided in the shop. Once the customer has completed the ordering process, clicking the "Order with obligation to pay" button constitutes a binding offer to purchase the goods contained in the virtual shopping cart.
However, the offer can only be submitted and transmitted if the customer accepts these Terms of Sale by clicking the corresponding button, thereby incorporating them into their offer. Before finalizing the order via the online order form, the customer is given the opportunity to review the order for accuracy - particularly regarding price and quantity - and to make corrections if necessary.
2.3 Upon receipt of the order, we will send the customer an automated acknowledgment of receipt via email, listing the details of the order again. This automated acknowledgment merely documents that the customer's order has been received and does not constitute acceptance of the offer. Acceptance of the customer's offer may be effected by sending a separate declaration of acceptance, by shipping the ordered goods, or by requesting payment of the purchase price. If multiple forms of acceptance occur, the contract is concluded at the time the first form of acceptance takes place.
2.4 If delivery of the ordered goods is not possible - for instance, because the goods are out of stock - we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you of this without delay and immediately refund any consideration already received.3. Contract Language, Storage of Contract Text
3.1 The language available for the conclusion of the contract is German.
3.2 We do not store the text of the contract. If the customer has created a user account via the online order form prior to submitting their offer, they may access their password-protected user account by entering their login details and retrieve the order data stored on the online shop’s website free of charge.
Order data may also be saved to the customer's computer by saving the webpage containing the order data - using the right mouse button and selecting the appropriate command from the menu that appears.
4. Prices, Terms of Payment and Delivery
4.1 All prices stated include the applicable statutory value-added tax (VAT).
4.2 Shipping costs may apply in addition to the stated product prices. The customer is explicitly informed of the shipping costs again during the ordering process within the online order form. The flat- rate fee for shipping and packaging within the country is EUR 10.85 per delivery address, provided the goods can be transported via parcel service. Otherwise, costs are calculated based on actual expenditure via a separate agreement (e.g., for shipment via a freight forwarder).
4.3 The delivery period is generally five (5) working days, unless otherwise stated at the time of ordering. This period commences upon the conclusion of the contract.
4.4 The following payment methods are generally available to the customer in our shop:
4.4.1 Advance payment: We accept the customer's order by sending a declaration of acceptance in a separate e-mail within two working days of receipt of the binding order; this e-mail includes our bank details. Payment must be made to the specified bank account immediately upon receipt of the declaration of acceptance.
4.4.2 Invoice: We accept the customer's order by sending a declaration of acceptance in a separate email within two business days of receipt of the binding order. Please pay the outstanding invoice amount into our bank account within the specified payment period, quoting the invoice number.
4.5 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is in default simply by failing to meet the deadline.
5. Retention of Title
5.1 If the customer is a consumer, we retain ownership of the delivered goods until the purchase price has been paid in full.
5.2 If the customer is a business, we retain ownership of the delivered goods until all claims arising from the ongoing business relationship have been paid in full. The business is entitled to resell the goods subject to retention of title in the ordinary course of business; in doing so, the business assignsto us in advance all claims against third parties arising from such resale in the amount of the respective invoice value; we hereby accept this assignment.
This assignment applies regardless of whether the goods subject to retention of title have been processed prior to resale. The business remains authorized to collect the claims even after the assignment. Our authority to collect the claims ourselves remains unaffected. We will not exercise this right of collection as long as the business meets its payment obligations to us, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
6. Transport Damage
6.1 If the customer is a consumer and goods are delivered with obvious transport damage, the customer should, if possible, immediately report such defects to the delivery agent and contact us without delay. Failure to make such a report or contact us has no consequences for the customer's statutory claims or their enforcement - particularly warranty rights - and serves solely to enable us to assert our own claims against the carrier or transport insurer.
6.2 If the customer is a business, the risk of accidental loss or accidental deterioration passes to the customer as soon as we have handed over the goods to the freight forwarder, the carrier, or the person or entity otherwise designated to carry out the shipment. The statutory obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) apply without restriction. If the customer fails to provide the notification prescribed therein, the goods shall be deemed approved, unless the defect was not discoverable during the inspection. This does not apply if we have fraudulently concealed a defect.
7. Warranty and Liability
7.1 Unless expressly agreed otherwise below, statutory warranty rights apply, in particular Sections 434 et seq. of the German Civil Code (BGB).
7.2 If the customer is an entrepreneur, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk.
7.3 In dealings with entrepreneurs, only our own specifications and the manufacturer's product descriptions incorporated into the contract are deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
7.4 Customer claims for damages are excluded. Excluded from this exclusion are claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (i.e., obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and is entitled to rely), as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives, or our vicarious agents.7.5 In the event of a breach of essential contractual obligations, we shall only be liable for foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body, or health.
7.6 The limitations set forth in Clauses 7.4 and 7.5 also apply for the benefit of our legal representatives and vicarious agents if claims are asserted directly against them.
7.7 The provisions of the Product Liability Act remain unaffected.
8. Right of withdrawal for consumers
Consumers are entitled to a right of withdrawal in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you, or a third party other than the carrier and indicated by you, acquire physical possession of the goods.
To exercise your right of withdrawal, you must inform us (see contact details below) of your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post, fax, or e-mail). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Contact info for the withdrawal
HENSEL-VISIT GmbH & Co. KG in Insolvenz
Robert-Bunsen-Str. 3
97076 Würzburg / Germany
E-Mail: info@hensel.de
Phone: +49 (0)931/27881-0
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us (see contact details above). The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply, among other things, to contracts:
• for the supply of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive, or which are clearly tailored to the consumer's personal needs,
• for the supply of goods that are liable to deteriorate rapidly or whose expiration date would be quickly exceeded,
• for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• for the supply of goods which, after delivery, have been inseparably mixed with other items due to their nature,
• for contracts where the consumer has expressly requested the trader to visit them for the purpose of carrying out urgent repair or maintenance work; this does not apply to additional services provided during the visit that the consumer did not expressly request, or to goods supplied during the visit that are not strictly necessary as spare parts for the maintenance or repair.
End of the instruction on the right of withdrawal
________
Model Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back to:
HENSEL-VISIT GmbH & Co. KG in Insolvenz
Robert-Bunsen-Str. 3
97076 Würzburg / Germany
E-mail: info@hensel.de
Phone: +49 (0)931/27881-0
I/We hereby withdraw from the contract concluded by me/us for the purchase of the following
goods/the provision of the following services:Total price of the goods:
Ordered on:
Received on:
Name/Address:
Date/Signature of the consumer(s) (Only if submitting the notice of withdrawal on paper):
9. Information on Data Processing
9.1 We collect customer data in the course of processing contracts. In doing so, we comply in particular with the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and the Telemedia Act (TMG). Without the customer's consent, we will only collect, process, or use the customer's master data and usage data to the extent necessary for the performance of the contractual relationship and for the use and billing of telemedia services. The customer is advised that, in the event of shipment, customer data will be transmitted to a shipping service provider to facilitate delivery.
9.2 For further details regarding customer consent and additional information on data collection, processing, and use, please refer to our Privacy Policy, which is available at any time on our website in a printable format via the "Privacy Policy" button.
10. Online Dispute Resolution Platform / General Information on Dispute
Resolution Proceedings before Consumer Arbitration Bodies
10.1 The European Commission has provided an online platform for online dispute resolution (ODR platform) at the following link: http://ec.europa.eu/consumers/odr. This platform serves the purpose of the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
10.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
11. Copyright
We hold the copyright to all images, films, and texts published in our catalog or online shop. The use of these images, films, and texts is not permitted without our expressed consent.
12. Final Provisions
12.1 Contracts between us and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention (CISG). However, the choice of law shall not apply to the extent that it deprives the customer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the state in which the customer has their habitual residence.
12.2 If the customer is a merchant (*Kaufmann*) within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and the customer shall be our registered office.
12.3 Should any of these conditions be invalid or declared invalid by a final court judgment, the validity of the remaining conditions shall remain unaffected.