General Terms and Conditions
General terms and conditions and customer information
1. Coverage
2. Offers and performance
3. Ordering and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. Payment terms
7. Reservation of proprietary rights
8. Warranty
9. Liability
10. Storage of the contract
11. Jurisdiction, applicable law, contractual language
1. Area of application
1.1. The following general terms and conditions of business apply exclusively to the business relationship between (H-TRONIC GmbH, owner: Alfred Härtl and Edith Härtl, Industriegebiet Dienhof 11, 92242 Hirschau) (hereinafter referred to as “Seller”) and the customer (hereinafter “Customer”) at the time of the order.
1.2. Customer service for inquiries and complaints are available Monday to Thursday from 8.00 a.m. to 4.15 p.m. and on Friday from 8.00 a.m. to 1.30 p.m. under the telephone number 09622 / 7020-0, as well as by e-mail at kontakt@h-tronic.de.
1.3. Consumers, within the definition of these General Terms and Conditions, are natural persons who conclude a transaction for a purpose that cannot be predominantly attributed to his commercial or professional activities (§ 13 BGB).
1.4. All other terms and conditions from the side of the customer are not accepted, unless the seller expressly commits to their validity.
2. Offers and Performance Description
2.1. The presentation of the products in the online shop is a legally non-binding offer, but a solicitation of an order. Descriptions in the catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid as long as stocks are available, unless otherwise stated in the product offer. Errors reserved.
3. Ordering and conclusion of contract
3.1. The customer can select products from the assortment of the seller without obligation and place them in a so-called shopping basket by clicking on the [in the basket] button. Within the shopping basket the product selection can be changed or deleted. Finally the customer can close the ordering process by clicking the [Continue to Checkout] button in the shop basket.
3.2. By clicking on the [order and payment] button, the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time, return to the shopping basket by using the browser function “back”, or cancel the order process completely. Required fields are marked with an asterisk (*).
3.3. The seller then sends the customer an automatic order confirmation by e-mail, in which the details of the order are listed and which the customer can print out by using the “print” function. The automatic order confirmation only documents that the customer’s order has been received by the seller and does not constitute an acceptance of the order. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within 2 days, has confirmed the order within two days with a second e-mail or has sent an invoice to the customer.
3.4. If the seller allows a pre-payment, the contract comes into effect with the provision of the bank data and payment request. If the payment has not been received by the seller within 10 calendar days after the order has been confirmed, the seller may step back from the contract with the consequence that the order is void and the seller does not have any obligation of delivery. The order is then cancelled for buyer and seller without further consequences. The item will be reserved for 10 calendar days.
4. Prices and shipping costs
4.1. All prices shown on the website of the seller are inclusive of the applicable value-added tax.
4.2. In addition to the stated prices, the seller will charge shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer as a separate information and during the ordering process.
5. Delivery, product availability
5.1. If advance payment has been agreed on, delivery will be made upon receipt of the payment.
5.2. The seller can withdraw from the contract if the goods cannot be delivered in three attempts due to the responsibility of the buyer. In such a case payments will be reimbursed to the customer without delay.
5.3. If the ordered product is not available because the sellers delivery of the goods has been cancelled without his fault, the seller can withdraw from the contract. In this case, the seller shall inform the customer immediately and, if possible, propose the delivery of a comparable product. If a comparable product is not available or if the customer does not wish to receive a comparable product, the seller will immediately refund the customer any payments made.
5.4. Customers are informed of delivery times and delivery restrictions (for example, restrictions on deliveries in certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1. The customer can choose from the available payment methods on the order page and before the completion of the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If the agreed term of payment is by invoice, the payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without any deduction.
6.3. If third parties are included in the processing of the payment, e.g. Paypal, all parties shall be subject to their General Terms and Conditions.
6.4. If a payment does not arrive on an agreed date, the customer shall pay the statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not exclude the seller from asserting further costs.
6.6. The customer is only entitled to claims, if his claims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Reservation of rights
The goods delivered remain the property of the seller until full payment has been received.
8. Warranty and warranty
8.1. The warranty is determined by law.
8.2. There is no further guarantee for the goods delivered by the seller unless expressly stated by the seller. Customers are informed about the terms of warranty before starting the ordering process.
9. Liability
9.1. Other than the legal terms and conditions, following exclusions and limitations of liability apply to a liability of the seller for damages.
9.2. The seller is liable without limitation, if the cause of the damage is based on intent or gross negligence on his side.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfill the proper execution of the contract and which the customer trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after acceptance of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the liability of the seller is excluded or restricted, this also applies to the personal liability of employees, representatives and agents.
10. Storage of the order contract
10.1. The customer can print out the order contract before placing the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all data to the e-mail address specified by the customer. With the order confirmation, the customer also receives a copy of the GT&C together with a note on the right of revocation and the details on shipping costs as well as terms of delivery and payment. If the customer has registered in the sellers shop, he can review the placed orders. The text of the contract is stored, but not made it available on the internet.
11. Final provisions
11.1. The place of jurisdiction shall be the place of business of the seller if the customer is a merchant, a legal person of public law or a representative of public funds.
11.2. The contract language is German.
11.3. European Commission online dispute resolution platform (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.