TERMS OF TRADE AND CONDITIONS

§ 1 SCOPE

The Following terms and conditions apply to all offers, deliveries and other services at the time the order is placed.
Any different rules of these conditions apply only if they are confirmed in writing.

 

§ 2 CONTRACT AND WITHDRAWAL

(1) The adoption and execution of your orders are based exclusively on our terms and conditions. The seller agrees to carry out the orders to the conditions specified in the online shop.

(2) The seller reserves the right to resign in case of writing, printing or calculation errors in the item description.

 

§ 3 DELIVERY

(1) In principle, the delivery is made from warehouse to the buyer's delivery address.

(2) If the Buyer is a consumer, the risk passes to the buyer once the goods have passed to the buyer. In the event that the buyer is a company (§ 14 BGB), the risk passes to him as soon as the seller has carried out the delivery to the forwarding agent, the carrier or any other determined person or institution.

(3) The seller is entitled to partial deliveries. For partial deliveries, the seller bears the resulting additional shipping cost.

(4)Information on the delivery date are without obligation unless the delivery time was for once agreed upon in advance.

 

§ 4 PRICES, SHIPPING COSTS

(1) Turnover Tax is included in all prices.
This is shown separately in the accounts.

(2) The buyer bears the particular costs. When the deliveries due to their weight or volume require a special shipping method, the shipping costs or delivery (eg lection) be specified after consultation with the buyer or customer. We are responsible under no circumstances for the settlement on the most economic method.

Information on forwarding costs

All prices of shipping costs on our website refer only to a delivery
address within Germany.

A minimum order value of 50.00 EUR is - for logistical reasons - valid for our column "spare parts, accessories and more".

 

§ 5 Withdrawal

(1) You have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the date on which you or a third party named by you, which is not the carrier, the goods have taken physical possession of.
To exercise your right of cancellation, you must notify us

FA. S. C. Hemsen
Owner: Sven-Christian Hemsen
Schwarzer Weg 1
52441 Linnich

 
Fax: 02462/6094464
Email: info@s-c-hemsen.de

by a clear statement (eg a consigned by post mail, fax or e-mail) of your decision to withdraw from this contract, inform. You can sure use the attached model withdrawal form which is not mandatory, however.

In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.

Effects of withdrawal

If you withdraw from this contract, we give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us expensive type of standard delivery have) to repay without delay and at the latest within fourteen days from the date on which the notice is received through your cancellation of this contract with us.
For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract to us or to pass.

You bear the direct cost of returning the goods.

You only need to pay for any diminished value of the goods, if the deterioration in value is due to a not necessary to ascertain the nature, characteristics and functioning of the goods handling part.

As a defective or scrap declared goods is entirely excluded from return.

(2) The right of withdrawal is excluded if the buyer is not a consumer within the meaning of § 13 BGB

 

§ 6 TITLE RETENTION

Until full payment of all claims the goods remain the seller's property.

 

§ 7 SET-OFF, RIGHT OF DETENTION

The buyer has only the right to offset if the seller has stated the buyer's counter claims as indisputed or lagally binding. The buyer has only the right to exercise a lien insofar as his counterclaim is based on the same contractual relationship.

 

§ 8 GUARANTEE

(1) If the goods ordered by risk crossing have faults and because of this are no longer suitable to be used as demanded in the contract, the buyer first of all has the right within the statutory warranty period to choose between remedying the faults by making repairs/improving or by delivering a new product.

(2) If it is an easily remediable defect, the buyer can not insist on a replacement. If the repair fails, the buyer can reduce the purchase price or withdraw from the contract.

(3) The warranty right for used items expire after 1 year. For new goods within 24 months.

(4) The warranty obligations of the seller do not exist for such defects which are caused by normal wear und tear, mishandling and imprper use.

(5) In case of used parts, only a return is possible, an exchange is not possible for lack of supplies.

(6) If the buyer is a company (§ 14 BGB), the warranty is excluded completely.

 

§ 9 LIABILITY

(1) The seller shall bear unlimited liability according to mandatory statutory proisions.

(2) In case of slightly negligent violation of essential contractual obligations, the seller is liable to the amount limited to typical foreseeable damage, which is usually the purchase price of the goods ordered. In addition, he is not liable. The legal statute of limitations are in force.

 

§ 10 DATA PROTECTION

(1) The buyer understands and agrees to the fact that the seller in order to carry out the contract will store the buyer's personal information on disks and if necessary in the context of order processing will pass them on to affiliated companies. The buyer agrees to the collection, processing and use of personal data expressly.

(2) The stored personal data is kept confidential by the seller. For purposes of credit assessment the seller reserves the right to data exchange with inquiry offices.

(3) The collection, processing and use of personal data shall comply with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).

(4) The buyer has the right to revoke his consent at any time in the future. In this case the seller is obliged to delete the buyer's personal information immediately. For current conditions, the use of cancellation takes place after the completion of the contract.

 

§ 11 APPLICABLE LAW AND JURISDICTION

(1) The relationship between seller and buyer are subject to the laws of the Federal Replublic of Germany excluding the UN sales law.

(2) Jurisdiction is Jülich, if the customer is a merchant or a legal entity under public law or public law special fund.