1. Scope of application
Our items are exclusively offered to business customers. Section 312 b et seq. BGB [German Civil Code] are therefore not applicable. A related right of revocation for the Customer does not exist. The following General Terms and Conditions of Business in the version applicable at the time the order is placed shall exclusively apply to the business relationship between us and the Customer (male term is used generically). The Customer can view the Terms of Contract at any time on our website www.handy-grosshandel.com, where these terms are also available for permanent storage by the Customer. We shall be entitled to modify or amend these General Terms and Conditions of Business, including any attachment, at any time, granting an adequate withdrawal period. Any orders placed before will be processed according to the old General Terms and Conditions of Business still applicable at that time. Any terms and conditions of the Customer will not be accepted, unless we have expressly approved of their validity in writing.
The Contractor is Handy Grosshandel. We exclusively conclude contracts with natural persons aged 18 years and over with full legal capacity or with legal persons. No contract will be formed in the absence of these prerequisites. As a consequence, we are entitled to demand the restitution of all services.
2. Conclusion of contract
The contract language is German. Any written and oral offers are always non-binding and subject to confirmation. The presentation of the products on our website constitutes a non-binding offer. Minor deviations and technical modifications compared to our illustrations or descriptions are possible within reasonable limits. As soon as a new version is issued, the current price list shall be deprived of validity.
By placing an order, the Customer accepts the Terms of Contract and the GTC. The order constitutes a binding offer to us for concluding a sales contract. The order is placed by email to email@example.com. The order shall expire if not accepted by us within 5 days. An automatic acknowledgement of receipt of the order on our part constitutes no acceptance. The order is deemed to have been accepted by sending a written order confirmation or delivering of the items ordered. The specific order details will be sent to the Customer by email. Any partial deliveries will be arranged with the Customer in advance. The Customer undertakes to accept the items ordered.
The subsequent reduction or cancellation of a legally effective order desired by the Customer is only possible – insofar as no items in stock are involved – on the basis of special agreements and only to the extent the preliminary supplier is willing to take back the items. For items returned orderly with his consent, the Seller is entitled to deduct from the credited amount an adequate percentage of the net invoice value for processing, inspection and repackaging. The price of damaged items will not be reimbursed. In the event of avoidance for reasons of mistake, the Seller is entitled to compensation of any damage sustained pursuant to Section 122 BGB. In the event of noncompliance with any contracts concluded, we charge a contractual penalty pursuant to Section 348 HGB [German Commercial Code] amounting to 25% (fifty-five percent) of the net price of the item. According to Section 348 HGB, the amount of contractual penalty cannot be reduced.
4. Terms of payment
The prices as stated on the website or communicated by us at the time the order is placed shall be valid. Limited special offers are designated as such in the representation of items in our offers and price lists. All prices are subject to statutory value-added tax (19%) ex our business headquarters. Shipping costs are charged separately. The minimum order volumes stated in our offers shall apply. We exclusively deliver against cash in advance, cash on delivery or payment on receipt of invoice. Orders from abroad are only accepted and effected against cash in advance. Where payment on receipt of invoice is agreed on a case-by-case basis, the entire invoice amount shall be due and payable immediately after delivery. You can pay for the items ordered by bank transfer.
5. Terms of shipment and shipping costs
The place of performance for entrepreneurs is our registered office. The risk of accidental loss or accidental deterioration shall be passed on to the Customer upon dispatch of the items or upon handover of the items to a carrier. All deliveries are made for the Customer’s account. The shipping costs will be calculated after the Customer has indicated his delivery address and will be displayed during the order process prior to submitting the order.
The delivery period is dependent upon the availability of the specific item and the payment method selected. Items in stock will be shipped within 1-3 days; all other deliveries will be made within 14 days. Where a delivery deadline has been agreed upon, it shall always commence with the receipt of the contractually agreed amount to be paid in advance, otherwise with the acceptance of the order on our part.
6. Reservation of title
We reserve the title to the items delivered until full payment of the purchase price. During this period, the Customer may not assign as security, process, transform or pledge any items or products produced out of them without our consent.
The Customer is entitled to resell the reserved items in the ordinary course of business; however, he hereby assigns to us all claims against his purchasers arising from the resale of the reserved items in the amount due to secure our payment claims. We hereby accept the assignment and authorise the Customer to collect the receivables from the resale. In the event that the Customer defaults on one or more payments in whole or in part, suspends payments or an application is filed for bankruptcy proceedings to be instituted against his assets, the Customer is no longer entitled to dispose of the reserved items. In this case, we are entitled to demand that the reserved items be returned or revoke the Customer’s authorisation to collect the receivables from the resale.
Any processing and manufacture of items by the Customer shall always be deemed as having occurred on our behalf of and for our account. If the items are processed, we shall acquire co-ownership of the new product in proportion of the value of the items delivered by us. The same applies if the items are processed or inseparably mixed with other items not owned by us.
Should we notice after conclusion of the contract that the item or service ordered is no longer available, has not been supplied by the manufacturer or delivery has become impossible due to force majeure events or any other unforeseeable impediments to performance that cannot be eliminated by reasonable efforts without us being at fault, we shall be entitled to either offer a replacement item or service equivalent in quality and price or withdraw from the contract. The Customer will immediately be informed about the non-availability. Any payments already received will be refunded immediately after withdrawal from the contract by us or the Customer.
We reserve the right to withdraw from the contract if the Customer has provided incorrect information about his credit standing. The same applies in the event of breach of duty of care, default of payment after expiration of the grace period or the filing of an application for bankruptcy proceedings, if we can no longer be reasonably expected to adhere to the contract.
The warranty period for new items is one year. Warranty for used and overhauled items is excluded. The foregoing shall not apply to the entrepreneur’s rights of recourse under Section 478 BGB and in the event of injuries to the Customer’s life, limb and health attributable to us as well as any damage caused by wilful intent or gross negligence on our part. The period of limitation commences on the date of delivery. We are entitled to free-of-charge subsequent performance within the warranty period. The Customer may demand the rectification of the defect or the delivery of flawless items, provided that the defects already existed upon transfer of risk. We reserve the right to refuse subsequent performance in the event that it involves disproportionately high costs or unreasonable effort. If the subsequent performance fails, which is usually the case after the second unsuccessful attempt according to statutory law, the Customer shall be entitled to reduce the purchase price or withdraw from the contract and demand compensation. Withdrawal from the contract is excluded if the defect is minor and insignificant.
In the event of complaints, the date of purchase is usually verified on the basis of the invoice, can however, also be verified otherwise. If possible, the item in question should be completely sent in along with a copy of the invoice. The Customer is requested not to return any items carriage forward. This has no influence on his rights under warranty; however, it involves additional costs, which are to be borne by the Customer under certain circumstances. We will reimburse the costs of return, insofar as a defect actually exists.
Apparent defects must be reported to us in writing within 14 days of delivery; otherwise, the warranty for these defects expires.
In the event of slight negligent infringement of contractual obligations, our liability shall be limited to the foreseeable, typically occurring usual damage. Where our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and agents. The foregoing limitations of liability shall not apply to claims of the Customer under product liability law or under warranty. Furthermore, they shall not apply in the event of injuries to the Customer’s life, limb or health attributable to us as well as damage caused by wilful intent or gross negligence on our part. In spite of the utmost care, we are unable to accept liability for any typing errors.
The Customer shall only have the right of offset if his counterclaims have been established by a court of law or are uncontested.
12. Data privacy
You personal data will be processed and stored in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
13. Applicable law
German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14. Place of jurisdiction
If the customer is a businessman within the meaning of the HGB [German Commercial Code] or a public-law entity, the place of jurisdiction for all claims in connection with the business relationship shall be the registered office of Handy Grosshandel. If the Customer has no jurisdiction in Germany or relocates his place or residence or usual abroad to outside the area of applicability of the German Code of Civil Procedure or his place of residence or usual abode is unknown at the time the action is filed, the place of jurisdiction shall be Neugersdorf.
15. Final provisions
Should one or several regulations of these General Terms and Conditions of Business be or become ineffective, the legal validity of the remaining provisions of the General Terms and Conditions shall not be affected. The ineffective regulation shall be replaced by the pertinent statutory regulation. The Customer may not transfer any rights under this contract to third parties.
2. We collect and process the personal data you provided in our system and use it until fulfilment of the contract, i.e. for order processing and invoicing. Personal data is understood to be all information based on which a person can be directly or indirectly identified, in this case your name, place of residence and registered office, email address, date of birth and bank details. This data will be disclosed to companies commissioned with the delivery only to the extent this is necessary for order processing or invoicing.
3. We create and use anonymised user profiles for advertising and market research purposes as well as to adjust our products and services to customer needs. We also use your personal data for the purpose of our own marketing measures such as sending emails with general information or of advertising character (newsletter). You have the right to object to this by sending us a written statement, also by email.
4. We provide free-of-charge information about your personal data stored in our system. You can request the correction, deletion or blocking of your personal data stored in our system at any time.
DECLARATION OF CONSENT
5. You hereby expressly agree to the personal data you provided being collected, processed and used by us and the above-stated third parties, furthermore for our own marketing purposes by creating a customer file or sending our newsletter to you, and being processed, stored and evaluated to the legally permissible extent. You can revoke your consent at any time in writing, also by email, with effect for the future at: firstname.lastname@example.org.
Your Handy Grosshandel Team