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|1.||Scope of application|
These General Conditions of Sale apply to supplies of products and goods in
accordance with the contract concluded between HSWare and the purchaser.
Our General Conditions of Sale apply exclusively; we do not recognise contradicting
or deviating conditions of purchasers unless we have explicitly consented
to their application in writing. Our General Conditions of Sale also apply where
we carry out deliveries without reservation in the knowledge of contradicting
or deviating business conditions of the purchaser.
In addition all licence conditions of the manufacturers apply.
|1.2||This catalog replaces all previous offers.|
Our contract confirmation is definitive for the content of the contract and the scope of delivery. The normal commercial tolerances
apply to specifications of quality, colour, quantities, dimensions and weights. We are entitled to correct possible errors in sales brochures,
price lists, offer documents, or other documents from HSWare without being made responsible for damages resulting from such errors.
In the case of prize changes during the order process, generally that prize applies, when the order was sent by the purchaser.
|2.1||With regard to orders placed via the online shop portal, the goods displayed there do not represent an offer. The customer makes us a binding offer with his online order or by writing a letter or a mail. In return, he receives a confirmation of receipt, which does not constitute an acceptance of his offer. The contract is concluded by our order confirmation to the customer.|
You may cancel your contract within 14 days in textual form (e.g. letter, fax, e-mail) without the need to provide reasons, or by returning the respective goods if the goods are surrendered to you before the deadline has expired. The deadline commences following receipt of this notification in textual form, but not before the recipient has received the goods (in the instance of repeated deliveries of identical goods, not before the receipt of the first partial delivery); in the rendering of services, however, not before the contractual conclusion, and also not before the satisfaction of our information duties pursuant to Article 246, § Paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB), and our obligations pursuant to § 312 e Paragraph 1 Clause 1 of the German Civil Code (BGB) in combination with Article 246, § 3 of the Introductory Act to the German Civil Code (EGBGB). You must send Your cancellation to:
HSWare, Franken 11, 95163 Weißenstadt
Fax: 09253-3479727, Mail: email@example.com
In the instance of an effective cancellation, services received on the part of both parties must be returned, and any profit that has been generated (e.g. interest payments) must be surrendered. If you are unable to return the goods or services either wholly or partially, or only in a worse condition, you are required to reimburse us for the related value. In the case of services, this may mean that you are also required to satisfy the contractual payment obligations for the period until the cancellation. In the case in which goods are returned, this may not apply if the deterioration of the item is attributable exclusively to its examination, as would have been possible for you, for example, in a shop business. Otherwise, you may avoid the obligation to compensate for the value arising from the deterioration resulting from the use of goods in accordance with their determined purpose, by not using the item as if it were your own property, and refraining from anything that diminishes its value. Items that can be dispatched in packages are returned at our risk. You must bear the costs of return dispatch if the delivered item corresponds to the item ordered, and, if the price of the item to be sent back does not exceed an amount of €40, or, in the event that the goods have a higher price and you have not paid the performance or a contractually agreed partial payment at the time when the cancellation is made. The cost of return dispatch will otherwise be free of charge. We will collect items that cannot be sent in packages from you. Obligations to reimburse payments must be satisfied within 30 days. Your deadline commences with the dispatch of your cancellation, or your dispatch of the goods, while our deadline starts with their receipt.
|4.1||In the case of Internet orders, you order at the price stated in the shopping basket. Otherwise, the list prices apply at the time of order acceptance.|
|4.2||The invoice contains the net prices and the total prices. Additionally You can find the tax rate, the tax value and the shipping costs. In case of COD the invoice also contains the COD fees.|
In the case of Internet orders, you order at the price stated in the shopping basket. Otherwise, the list prices apply at the time of order acceptance.
For dispatches within Germany, dispatch and lump sum packaging costs of €6.90 including VAT are invoiced, and of €11.90 including VAT within the European Union (except Cyprus, Malta and the Canary Islands). Cash on Delivery only within Germany.
|5.1||We accept Cash on Delivery within Germany. For For other countries we accept PayPal and Cash in Advance.|
|5.2||Zahlungsverzug We retain the title to the object of sale until all payments under the supply contract have been made. If you are in default with the payment, we are entitled to demand the return of the delivered goods. In the case of default we charge 5% additional to the base interest rate of the German Central Bank as a default interest.|
|6.||Partial deliveries and ability to supply|
|6.1||If the item ordered is not available, delivery may not be made, or an equivalent item may be offered or delivered. You are not obligated to accept such an item, and are not obligated to bear the related costs of return dispatch. Partial deliveries are permissible to a reasonable extent.|
|6.2||Partial Deliveries are autonomous deliveries and must not be rejected by the purchaser.|
If a transport damage is visible, You can reject the delivery. If You realize it after delivery, or the damage is not visible, You have to contact Your local Post Office within 3 days after the delivery for creating a written form. For receiving a replacement for Your order You have to send back the goods combined with this form.
|7.||Retention of title|
|7.1||We retain the title to the object of sale until all payments under the supply contract have been made. If you are in default with the payment, we are entitled to demand the return of the delivered goods.|
|8.1||In some cases there apply additional terms of manufacturers. By opening of the sealed package you accept these terms and You are liable.|
|9.1||Statutory warranty provisions shall apply. If the item that you ordered is used for your commercial or independent professional activity, your claims arising from statutory warranty provisions are nevertheless subject to the statute of limitations within one year. This is without prejudice to the statute of limitations pursuant to § 479 of the German Civil Code (BGB).|
|10.1||In the case of data loss HSWare is not liable. The customer is responsible himself for his data protection.|
|10.2||No claims for quality defects shall lie for a merely insignificant deviation from the quality as provided in the relevant agreement. Claims for quality defects shall be excluded if the deviation from the quality as provided in the relevant agreement is based on excessive or improper use or natural wear and tear. The same shall apply to deviations that arise as a result of external influences that are not provided for in the relevant agreement. Furthermore, claims for quality defects shall be excluded in the event of the sale of used goods.|
|10.3||HSWare shall be liable for compensatory damages for damage or losses caused as a result of wilful or grossly negligent conduct on the part of its statutory representatives or vicarious agents, under the German Product Liability Act and for damage resulting from injuriy of live, limb or health for which HSWare is responsible. Further liabilities are excluded.|
|10.4||This term has no effect on the German Product Liability Act.|
|10.5||The previous terms reflect the whole liability of HSWare and all representatives of HSWare.|
|11.||Returns of goods|
After Your return and our review relating to our Terms and Conditions we will issue a credit note.
The amount of this credit note will be granted if the payment has been recept before.
|12.1||We are entitled to store, process and transfer data concerning goods and payment transactions with the purchaser. All personal and company related data are fundamentally treated as confidential. The data necessary for processing business transactions are stored and are possibly also passed on to associated companies within the scope of order processing.|
|12.2||For the duration of the relationship with the customer, his address and creditworthiness data may be passed on to informa Unternehmensberatung GmbH, Rheinstraße 99, 76532 Baden-Baden or similar companies for the purposes of credit verification and creditworthiness monitoring.|
|12.3||The customer is eligible to enter an objection against the usage of his address information for sales promotion by us. A transfer to third parties for economic purposes will not be conducted and is not forseen.|
|12.4||If it`s unavoidable to lead remaining personal address data to a manufacturer or a contractor, i.e. in the case of a claim according to defective data storage devices, these third party members also have to stick to the German law governing data protection and data security. HSWare is not able to restore or delete these address data inhouse. gewährleisten.|
|13.1||Place of fulfillment for both contractors is Wunsiedel.|
|13.2||Multiple transfered orders – no matter why – are to mark in a significant manner, because otherwise all those orders will be carried out. In those cases HSWare will not take over any responsibility or costs.|
Only the contractor can plead warranty assets for himself even in the case of collective orders.
|13.4||Should individual provisions of the General Conditions of Sale are or become invalid, the remaining provisions shall not lose their validity as a consequence.|
|14.||Law and Court location|
|14.1||German law shall apply to the contractual relationship between the purchaser and HSWare. UN purchasing law shall not apply.|
The court of jurisdiction for all disputes arising from this contract is agreed to be Wunsiedel(for district court proceedings,
the district court in 95632 Wunsiedel, Germany), insofar as the purchaser is a registered entrepreneur, a legal entity in public law
or a special fund subject to public law. This also applies to bill of exchange and cheque obligations and claims for damage of any kind.
However, we are entitled to raise a legal action at the purchaser’s headquarters.
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