Terms customer information

Table of Contents

1. Scope
2. conclusion of contract
3. Right to cancel

4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for assembly/installation services
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope

1.1 These general terms and conditions (hereinafter “GTC”) of HERMAPRO GmbH (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the seller’s online -Shop completes illustrated goods. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed. 1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer. 2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, fax or email. 2.3 The seller can accept the customer's offer within five days,

• By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
• By delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
• by asking the customer to pay after placing his order.

Where several of the above alternatives are present, the contract shall come into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be deemed a rejection of the offer with the result that the customer is no longer bound to his consent. 2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data. 2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. 2.6 The German and English languages ​​are available for the conclusion of the contract. 2.7 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

3.1 In principle, consumers are entitled to a right of withdrawal. 3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description. 4.2 The payment option (s) will be communicated to the customer in the online shop of the seller. 4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date. 4.4 If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/ recall.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. 5.2 Goods that are delivered by a forwarding agent are delivered “free to the curb”, i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed. 5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs. 5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer. 5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately. 5.6 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.

6) Retention of title

6.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full. 6.2 In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full. 6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.

7) Liability for defects (guarantee)

If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies: 7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• In the case of new goods, the limitation period for defects is one year from delivery of the goods;
• in the case of used goods, the rights and claims for defects are excluded in principle;
• the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.

7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. 7.3 The limitations of liability and shortened deadlines set out in the preceding paragraphs do not apply

• for things that have been used for a structure according to their usual use and have caused its defectiveness,
• for damages and reimbursement claims of the customer, as well
• in the event that the seller has fraudulently concealed the defect.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected. 7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and complaint obligation in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved. 7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) liability

The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows: 8.1 The seller is fully liable for any legal reason

• in case of intent or gross negligence,
• in the event of willful or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely. 8.3 Incidentally, a liability of the seller is excluded. 8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Special conditions for assembly/installation services

If, according to the content of the contract, the seller also owes the assembly or installation of the goods at the customer's site as well as any corresponding preparatory measures (e.g. measurements) in addition to the delivery of the goods, the following applies: 9.1 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to choose a specific person to carry out the desired service. 9.2 The customer must provide the seller with the complete and truthful information required for the provision of the service owed, insofar as their procurement does not fall within the scope of the seller's responsibilities according to the content of the contract. 9.3 After the conclusion of the contract, the seller will contact the customer in order to arrange an appointment for the service owed. The customer shall ensure that the seller or the personnel commissioned by the seller has access to the customer's relevant facilities on the agreed date. 9.4 The risk of accidental loss and accidental deterioration of the goods sold only passes to the customer upon completion of the assembly work and handover to the customer.

10) Applicable law

For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11) Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. 12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.    

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Version: 202111171015