General Terms and Conditions Hellmann-Versand GmbH
For use in business dealings with other businesses
We indicate that all contracts and obligations are exclusively valid on the basis of the general terms and conditions of Hellmann-Versand GmbH.
Scope
(1) Unless otherwise agreed in writing, our offers, sales and deliveries are only made on the basis of these general terms and conditions. Conditions of purchase or other unilaterally deviating agreements shall only be deemed accepted if they have been confirmed by us in writing as an addition to our general terms and conditions.
(2) These conditions of sale exclusively apply to entrepreneurs, legal entities under public law or special funds under public law by § 310 (1) BGB. Conflicting terms or conditions deviating from our terms of sale, references and counter-confirmations by the customer with reference to his terms and conditions are expressly contradicted.
(3) These conditions also apply to all future transactions with the customer, as far as related legal transactions are concerned.
Prices, offers and conclusion of contract
(1) The prices on our price list apply. With a previous offer, price changes are possible until the order confirmation. The prices are based on the cost structure of the day of our order confirmation. In case of unforeseeable, extraordinary cost increases, such as price increases by our suppliers or currency fluctuations, we are entitled to pass the price increase on to the customer. Our prices are unpacked ex works, plus shipping/handling costs and VAT. The payment must be made exclusively to our account.
(2) Orders can be placed in written or electronical form, as well as by telephone.
(3) These conditions also apply to all future transactions with the customer, as far as related legal transactions are concerned
Terms of payment and default
(1) The payment for national deliveries shall be made on account, unless another term of payment has been agreed. The invoice amount is due immediately upon receipt of the goods without deduction (the day of the incoming payment on our account applies). We reserve the right to change the payment method to advance payment if the security of the claims to the customer seems doubtful to us.
(2) The payment for deliveries to European and non-European foreign countries is made in advance, unless another term of payment has been agreed.
(3) If the customer is in default with a payment for 30 days or more or if an application for the opening of insolvency proceedings is filed against him, if he is in insolvency or loss of assets or if he submits the affidavit, all claims become due immediately. In this case, we are entitled to retain all services and block access to data.
(4) Default interest of 8% above the base rate p.a. will be charged. We reserve the right to assert a higher damage caused by default remains.
(5) If the customer is in arrears with the payment of due invoices, we are entitled to change the Method of payment into payment in advance for further deliveries and services or to make the order dependent on securities or to stop further deliveries altogether.
Composition of the goods
(1) The product-describing information contained in brochures or similar documents and those made in another offer, such as colors, illustrations, designs, drawings, descriptions, performance and consumption data as well as indications regarding the usability are non-binding, in particular only approximately decisive, unless expressly stated to be designated as binding.
(2) Slight deviations from such information are considered approved and do not affect the fulfillment of the contract, unless the deviation is unreasonable for the costumer.
Delivery / Shipping
(1) Insofar as no expressly binding delivery date has been agreed, our delivery dates or delivery periods are only non-binding information.
(2) Deliveries by prepayment/payment in advance will be dispatched after receiving the payment on our bank account.
(3) Delivery / shipping term is ex works. As soon as the goods are dispatched to the customer, at the latest when leaving the factory/warehouse, the risk of accidental loss or accidental deterioration of the goods is passed to the customer. This applies regardless of whether the shipment of goods is made from the place of performance or who bears the freight costs.
(4) If we are prevented from fulfilling our obligation after conclusion of the contract by the occurrence of unforeseen, unusual circumstances (force majeure), which could not be averted despite of the reasonable care being taken by us, the delivery period extends adequately.
Defects / deficiency report
(1) The inspection and complaint obligations of the customer are determined by § 377 HGB.
(2) In case of larger or multiple deliveries of the same goods, the entire delivered goods can only be rejected as defective if the defects were determined by a recognized, representative random sampling procedure.
(3) Claims for defects expire 12 months after the goods have been successfully delivered to the customer. For damage claims in case of intent and gross negligence as well as injury to life, limb and health, which are based on an intentional or negligent breach of duty by us, the statutory limitation period applies.
(4) Claims for defects do not exist with only irrelevant deviation of the agreed quality, with only insignificant impairment of the usability, with natural wear or tear as well as with damages that arise after the transfer of risk as a result of faulty or negligent treatment, excessive stress, due to unsuitable resources or special external influences, which are not required under the contract. If improper modifications are made by the customer or third parties, then there are no claims for defects for these and the resulting consequences.
(5) Claims of the customer due to the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded, insofar as the expenses increase because the goods were delivered subsequently to a different location than the customer's branch, unless the shipment complies with its intended use.
(6) The right of recourse against us only exist in the extent, if the customer and his purchaser have not struck any agreements beyond the statutory claims of defects. For the extent of the recourse claim of the customer against the supplier accordingly paragraph 5 applies.
Manufacturer's note
The customer/purchaser is obliged to leave the manufacturer's identification, which is labeled by us readable, on the goods and packaging.
Liability
(1) We are liable for intent and gross negligence.
(2) We are liable for ordinary negligence - except in case of injury to life, limb or health - only if material contractual obligations (cardinal obligations) are violated. The liability is limited to the typical and foreseeable damage, up to a maximum of 1.000, - EUR.
(3) The liability for indirect and unpredictable damage, loss of production and use, lost profits, missing savings and financial losses due to third parties, is excluded in case of ordinary negligence - except in case of damage to life, limb or health.
(4) Any further liability provides for these general terms and conditions is excluded - regardless of the legal nature of the asserted claim. However, the limitations or exclusions of liability above do not apply to legally binding prescribed ¬¬no-fault liability (e.g. in accordance with the Product Liability Act) or liability arising of a no-fault guarantee.
(5) Insofar as the liability according to section 2 and 3 is excluded or limited, this also applies to the personal liability of our employees, laborer, agents, integrated firms and vicarious agents.
Eigentumsvorbehalt
(1) We reserve the proprietary rights of the delivered goods until complete payment of the outstanding claims from the contract.
(2) The customer/purchaser is obliged to handle the goods with care as long as the property has not been transferred to him. As long as the property has not been transferred yet, the purchaser must notify us immediately in text form if the delivered item is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the legal and out-of-court costs of a claim in accordance with § 771 ZPO, the customer is liable for the loss incurred by us.
(3) The customer is entitled to resell the goods subject to retention of title in ordinary business dealings. The customer hereby assigns to us his rights against the purchaser from the resale of the reserved goods in the total amount of the final invoice (including German tax). This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our capacity to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer complies with his payment obligations arising out of the proceeds received, as long as he is not in default of payments and, in particular, there has not been filed an opening for an insolvency proceeding or payments for open amounts have ceased.
(4) We commit to release the securities due to us, after demand of the customer, if their value exceeds the claims to be assured by more than 20 %.
Compensation / Right of retention, cession
(1) The customer is only entitled to compensate if his claims are legally binding or undisputed. The customer is also entitled to offset adverse to our claims if he argues claims of defects or counterclaims from the same purchase contract.
(2)The customer is only authorized to practice the right of retention to the extent insofar as his counterclaim is based on the same legal relations.
Transfers of the customers´ rights and obligations of the contract require our written consent.
Obligation to accept returned products by packaging law / Costs of redemption
(1) If, due to the packaging law, there is a return obligation for transport packaging with us, then the place of performance for the return of the transport packaging by the customer is the registered address of our company.
(2) The customer bears the full costs for redemption of the transport packaging to us.
Obligation to take back used electrical equipment from users other than private households according to ElektroG
Due to the ElektroG, we are obliged to take back old electrical equipment from users other than private households. The return is at our expense. Please let us know if you would like one of our devices to be picked up. We will then arrange collection immediately.
Obligation to take back used electrical equipment from private households according to ElektroG
Due to the ElektroG, we are obliged to take back old electrical devices from private households. This obligation is fulfilled by our representative, the European Recycling Platform (ERP) Deutschland GmbH.
Information according to ElektroG/BattG
Our customers receive an instruction leaflet with various information about electrical devices which can be used in private households. Our customers are obliged to pass this on when selling or to inform their customers about it by themselves. Due to the new version of the ElektroG, valid from January 1st, 2022, our customers are obliged to exchange the new package leaflet – as of January 1st, 2022 – independently.
(1) Electronic devices and LED lamps
The crossed out wheeled bin reminds you of your obligation to dispose electronic devices and led bulbs separately. It must not be disposed of with normal household waste. Each end-user is responsible for deleting his or her personal data before disposing the old device.
End-users are under a statutory duty to bring electronic devices to a municipal collection station. Consumers are obliged to return old electronic devices to public collection and return systems, e. g. municipal recycling centers. An online directory of collection and return points can be found here: https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.jsf
https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.jsf
According to ElektroG § 17, distributors are obliged to take back electrical devices free of charge.
(2) Batteries
The crossed out wheeled bin reminds you of your obligation to dispose old batteries separately. They must not be disposed of with normal household waste.
End-users are under a statutory duty to return old batteries to a municipal collection station. You can find such dedicated collection containers for example in local battery-selling trade.
If the batteries and bulbs are not enclosed by the old device, they must be separated from it. In case of separable and lithium-containing batteries, please mask the contact poles with duct tape in order to avoid a short circuit and a resulting fire hazard.
Our led tea lights contain two CR-2032 lithium button cells.
For information on realization of the collection and recycling quotas prescribed in Germany, follow this link:
https://www.bmu.de/themen/wasser-ressourcen-abfall/kreislaufwirtschaft/statistiken/elektro-und-elektronikaltgeraete
Data Protection
We are entitled to store, process and use personal data in context to the business relationships and to safe data received in this context about the customer in accordance with the Federal Data Protection Act. Our privacy policy is available on request and can be viewed at www.hellmann-versand.de.
Final clauses
(1) In case of legal dispute and unless otherwise agreed in individual contracts, the applicable law is exclusively the laws of the Federal Republic of Germany, as amended, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods as of 11 April 1980 ("CISG").
(2) If the customer is an enterprise, a legal entity under public law or a special fund under public law, the registered business seat of Hellmann-Versand GmbH shall be exclusively the place of jurisdiction for any disputes arising under the contract. However, Hellmann-Versand shall be entitled to bring action against the customer even before the court of its place of residence or business seat.
(3) If individual provisions of this contract have not become part of the contract in whole or in part or if they are ineffective, the rest of the contract remains valid. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision which effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.
CEO:
Dipl.-Ing. Univ. Gerald Hellmann
HRB10170, Registergericht Fürth
Ust-IdNr.: DE 243589688
Unsere Steuer Nr.: 216/128/20810
WEEE-Reg.-Nr.: DE 17261095