General Terms and Conditions
General Terms and Conditions HacoFix
§1 Scope
(1) These General Terms and Conditions of Sale (hereinafter “GTC”) apply to all with HACOFIX, Emil-Trinkler-Str. 5,
28211 Bremen (hereinafter referred to as “Seller/HACOFIX”) and the customer (hereinafter referred to as “Buyer”). However, they only apply if the buyer is an entrepreneur within the meaning of § 14 BGB or a legal entity under public law.
(2) All agreements made between the buyer and HACOFIX in connection with the purchase contract result in particular from these GTC, the order confirmation and the declaration of acceptance by HACOFIX.
(3) The version of these General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) These terms and conditions also apply to all future transactions with the buyer if their
Validity has not been expressly pointed out again as framework conditions.
(5) Deviating conditions of the buyer are not accepted by HACOFIX and have no effect on them. This also applies if HACOFIX does not expressly object to the inclusion.
§2 Conclusion of contract; necessary technical steps
(1) The presentation and advertising of articles on the customer platform does not constitute a binding offer by
HACOFIX to conclude a purchase contract.
(2) By sending an order via the customer platform by clicking the "Order" button, the buyer submits a legally binding order (offer). The buyer is bound by this offer for a period of two (2) weeks after it has been submitted.
(3) HACOFIX will immediately confirm receipt of the purchaser's order submitted via the customer platform by e-mail (order confirmation). Such an e-mail does not constitute a binding acceptance of the order, unless acceptance is also declared in addition to confirmation of receipt.
(4) A contract is only concluded when HACOFIX accepts the buyer's order by means of a declaration of acceptance or by delivering the ordered items (acceptance).
(5) If the delivery of the goods ordered by the buyer is not possible, for example because the goods in question are no longer available, HACOFIX will refrain from a declaration of acceptance. In this case, a contract does not come about. HACOFIX will inform the buyer of this immediately and immediately refund any consideration already received.
(6) The order confirmation, including these GTC as part of the contract, fully reflects all agreements made between HACOFIX and the buyer about the goods. Agreements made before the conclusion of the contract are not legally binding and will be completely replaced by the contract unless they expressly state that they should continue to be binding.
(7) The following technical steps are possible and lead to the conclusion of a contract via the customer platform:
a) The buyer can place products in the "shopping cart" by selecting the corresponding button and specify the desired quantity of the goods there.
b) If the buyer clicks on the corresponding button, he can view his shopping cart at any time without obligation, change the desired quantity and delete individual products from the shopping cart by clicking on the "Remove" button.
c) If the buyer would like to order the goods, he can continue the order by clicking on the "Order" button in the shopping cart displayed.
d) The buyer then enters the necessary data (e.g. delivery address and desired shipping method).
e) With the "Order" button, the buyer gets to the next input step and finally to the order overview.
f) In the order overview, the buyer can check his data again. Input errors or change requests can be corrected before placing the order using the "Edit" button, "Edit shopping cart" or "Back".
g) Before sending his order, the buyer must accept the terms and conditions of sale and delivery.
h) By clicking on the "Order" button, the buyer submits a legally binding offer to conclude a contract (cf. Section 2 (2) above).
The conclusion of the contract then takes place in accordance with the above § 2 paragraphs (2) to (6).
§3 Terms of delivery and reservation of self-supply
(1) Unless otherwise expressly agreed, HACOFIX shall determine the appropriate mode of dispatch and the transport company at its reasonable discretion.
(2) HACOFIX only owes the timely, proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company.
(3) HACOFIX is entitled to make partial deliveries, provided this is not unreasonable for the buyer.
(4) The delivery period is usually seven (7) working days, unless otherwise agreed. It begins with the conclusion of the contract.
(5) All information on the availability, shipping or delivery of the goods is only expected information and approximate guide values, since it is the sphere of the respective transport company. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective goods. Anything else only applies to expressly agreed delivery dates.
(6) If it is foreseeable that a delivery deadline cannot be met, HACOFIX will inform the buyer of this circumstance immediately, stating an expected new delivery date.
(7) HACOFIX is not liable for the impossibility or delay of its services, insofar as this is due to force majeure or other events that were not foreseeable at the time the contract was concluded and for which HACOFIX is not responsible (e.g. operational disruptions of all kinds, fire, natural disasters , weather, floods, war, insurrection, terrorism, transportation delays, strikes, lawful lockouts, shortage of labour, energy or raw materials, delays in obtaining any necessary governmental approvals, governmental/governmental actions). This also includes the missing, quantitatively or qualitatively incorrect or untimely delivery by a pre-supplier of HACOFIX if HACOFIX is not responsible for this and at the time of the conclusion of the contract with the buyer concluded a congruent hedging transaction with the pre-supplier would have. This also applies if HACOFIX concludes the cover transaction immediately after the transaction with the buyer.
(8) In the case of events within the meaning of Section 4 (7), the delivery times are automatically extended by the time of the event plus a reasonable start-up time. HACOFIX is entitled to withdraw from the contract if the goods cannot be delivered by the expected new delivery date (§ 4 Para. (6)). The buyer is entitled to withdraw from the contract if the new delivery date is more than one month after the original delivery date. Claims for damages do not exist in each case.
(9) If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not want a comparable product to be delivered, we will immediately refund any consideration already paid.
(10) Master Agreements. If the buyer suspends a framework contract, for whatever reason, the buyer is nevertheless obliged to purchase the remaining quantities from the seller under the conditions agreed in the framework contract. The purchase obligation extends to the entire remaining quantity and any raw material still available at this point in time.
§4 Prices; Shipping
(1) Unless otherwise agreed in the contract, the prices apply ex works excluding packaging.
(2) If the delivery is made by HACOFIX more than three (3) months after the conclusion of the contract, HACOFIX is entitled to adjust the material price current at the time of delivery.
(3) If we fulfill the buyer's order according to § 4 paragraph (3) by partial deliveries, the buyer only incurs shipping costs for the first partial delivery. If the partial deliveries are made at the request of the buyer, we calculate shipping costs for each partial delivery.
§5 Terms of payment; On Bill; right of retention
(1) The purchase price and the shipping costs are due for payment after the conclusion of the contract, unless the payment method selected by the buyer specifies a different due date.
(2) The buyer can transfer the purchase price and shipping costs to the HACOFIX account specified in the customer platform at his own discretion and depending on the payment method offered for the product in the ordering process.
(3) The buyer is not entitled to offset against the claims of HACOFIX unless his counterclaims have been legally established or are undisputed.
(4) The buyer may only exercise a right of retention if his counterclaim stems from the same purchase contract.
§6 Retention of title
(1) HACOFIX retains title to the goods sold until all current and future claims of HACOFIX from the purchase contract and an ongoing business relationship (hereinafter “secured claims”) have been paid in full.
(2) The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. The buyer must inform HACOFIX immediately in writing if an application is made to open insolvency proceedings or if third parties seize the goods owned by HACOFIX (e.g. attachments).
(3) If the buyer behaves in breach of contract, in particular if the purchase price due is not paid, HACOFIX is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not include a declaration of withdrawal; Rather, HACOFIX is entitled to demand return of the goods and to reserve the right to withdraw from the contract. If the buyer does not pay the purchase price due, HACOFIX may only assert these rights if it has previously unsuccessfully set the buyer a reasonable deadline for payment or setting such a deadline is unnecessary according to the statutory provisions.
(4) The buyer is authorized until revoked in accordance with the following letter (c) to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following additional provisions apply:
(a) The retention of title extends to the products created by processing, mixing or combining the goods of HACOFIX at their full value, whereby HACOFIX is considered the manufacturer. If third-party property rights remain in the processing, mixing or connection with goods, HACOFIX acquires co-ownership in proportion to the invoice value of the processed, mixed or connected goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.
(b) The buyer hereby assigns the claims against third parties arising from the resale of the goods or the product to HACOFIX in total or in the amount of any co-ownership share in accordance with the above paragraph as security. HACOFIX accepts the assignment. The obligations of the buyer mentioned in paragraph (2) also apply with regard to the assigned claims.
(c) In addition to HACOFIX, the buyer remains authorized to collect the claim. HACOFIX undertakes not to collect the claim as long as the buyer meets his payment obligations, there is no deficiency in his ability to pay and HACOFIX does not assert the retention of title by exercising a right according to § 7 paragraph (3). If this is the case, however, HACOFIX can demand that the buyer informs it of the assigned claims and their debtors, provides all the information required for collection, hands over the associated documents and the debtors (third parties) the assignment. In this case, HACOFIX is also entitled to revoke the buyer's authority to further sell and process the goods subject to retention of title.
(d) If the realizable value of the securities exceeds HACOFIX's claims by more than 10%, HACOFIX will release securities of its choice at the request of the buyer
(5) The buyer is obliged to treat the goods purchased under retention of title with care for the duration of the retention of title and to secure them against third-party interference. He must insure the goods for the duration of the retention of title against fire, theft and water damage at replacement value and provide HACOFIX with proof of this upon request. In the event of a breach of these obligations, HACOFIX is entitled to take out appropriate insurance itself at the expense of the buyer. The buyer assigns claims for compensation to HACOFIX.
§7 Warranty; guarantees
(1) HACOFIX is liable to the buyer according to the following provisions:
a) The buyer's warranty rights presuppose that he has duly complied with his obligation to examine and give notice of defects in accordance with § 377 HGB. The aforementioned obligation is satisfied if the buyer notifies HACOFIX of obvious defects within seven (7) days of receipt of the goods or, in the case of hidden defects, seven (7) days of their discovery. The assertion of warranty claims is excluded in the event of a breach of the obligation to examine and give notice of defects.
b) The goods are in accordance with the contract if they do not deviate or only slightly deviate from the owed quality at the time of the transfer of risk. HACOFIX is not liable for deterioration, loss or improper handling of the goods after the risk has passed.
c) In the case of justified complaints, HACOFIX is entitled to choose between supplementary performance by eliminating the defect (repair) or delivering new goods (new delivery). If HACOFIX is not willing or able to provide supplementary performance or if this is delayed beyond a reasonable period of time for reasons for which HACOFIX is responsible, or if the supplementary performance fails in any other way, the buyer is fundamentally entitled, at his own discretion, to reduce the price compensation (reduction), rescission of the contract (withdrawal) or compensation for damages instead of performance. HACOFIX is entitled to make repeated attempts to rectify the defect, unless this cannot be reasonably expected of the buyer.
§8 Liability
(1) HACOFIX is liable to the buyer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, HACOFIX is only liable - unless otherwise regulated in § 9 paragraph (3) - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the buyer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the liability of HACOFIX is excluded, subject to the regulation in § 9 paragraph (3).
(3) HACOFIX's liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 9 Copyrights
HACOFIX owns the copyright to all images, films and texts published on the customer platform. Images, films and texts may not be used without the express consent of HACOFIX.
Section 10 Customs; Foreign legal systems
(1) If the buyer orders goods from HACOFIX for delivery outside the EU, these may be subject to import duties and taxes, which are levied once the package of goods reaches the specified destination. Any additional charges for customs clearance must be borne by the buyer; HACOFIX has no influence on these fees. Customs regulations vary greatly from country to country, so buyers should contact their local customs office for more information.
(2) It should also be noted that when ordering from HACOFIX, the buyer based abroad is considered the importer and must comply with all laws and regulations of the country in which he receives the goods.
Section 11 Applicable Law; place of jurisdiction; dispute resolution
(1) The law of the Federal Republic of Germany applies to these GTC and the contractual relationship between HACOFIX and the buyer, excluding uniform international law, in particular the UN Sales Convention.
(2) If the buyer is a merchant within the meaning of the German Commercial Code or a legal entity, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of HACOFIX, Bremen. The same applies if the buyer is an entrepreneur within the meaning of § 14 BGB. In all cases, however, HACOFIX is also entitled to bring an action at the place of fulfillment of the delivery obligation in accordance with these General Terms and Conditions or a prior individual agreement or at the buyer's general place of jurisdiction. Overriding legal regulations, in particular regarding exclusive responsibilities, remain unaffected.
Bremen Status: 07/29/2022