Übersicht

HyPneu GmbH – General terms and conditions with consumer information

1. Scope and Definitions

1.1. Scope

These terms and conditions of HyPneu GmbH Hydraulik und Pneumatik, Zwickauer Str. 137a, 09116 Chemnitz, apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the provider regarding the goods and/or services displayed by the provider on its website using means of distance communication (e.g., telephone, fax, email, letter) exclusively through individual communication within the meaning of § 312g para. 2 sentence 1 BGB (i.e., not via an online order form). The inclusion of the Customer’s own conditions is hereby rejected, unless otherwise agreed.

1.2. Definitions

A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or self-employed professional activity. An entrepreneur in the sense of these General Terms and Conditions is any natural or legal person or a legally capable partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

2. Conclusion of the Contract

The Customer can submit a non-binding request to the provider via telephone, email, fax, or letter for an offer to be made. In response to the Customer’s request, the provider will send a binding offer via email, fax, or letter for the sale of the goods previously selected by the Customer or for the provision of the services previously selected by the Customer. This offer can be accepted by the Customer by submitting a declaration of acceptance to the provider via fax, email, or letter or by paying the price offered by the provider within 7 (seven) working days of receipt of the offer, with the day of receipt of the offer not being counted in the calculation of the period. The day of receipt of payment by the provider is decisive for acceptance by payment. If the Customer does not accept the provider’s offer within the aforementioned period, the provider is no longer bound by its offer. The provider will explicitly point this out to the Customer in its offer.

3. Right of Withdrawal for Consumers

3.1. Withdrawal Rights for Goods Contracts

If the Customer acts as a consumer, they may withdraw from contract declarations aimed at concluding a contract for the delivery of goods (e.g., purchase of goods) according to the following provisions:

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason in text form (e.g., letter, fax, email) or – if the goods have been delivered to you before the end of this period – by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and not before we have fulfilled our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB. To meet the withdrawal deadline, it is sufficient to send the withdrawal or the goods in time. The withdrawal is to be addressed to:

HyPneu GmbH Hydraulik und Pneumatik
Zwickauer Str. 137a
09116 Chemnitz
Fax: +49 (0) 371-38265-21
Email: verkauf@hypneu.de

Consequences of Withdrawal
In the case of a valid withdrawal, the mutually received benefits are to be returned, and any derived benefits (e.g., interest) must be handed over. If you are unable to return the received performance or can only return it in a deteriorated condition, you must compensate us for the value. For the deterioration of the item and for derived benefits, you must pay compensation only if the use or the deterioration is due to handling the item that goes beyond checking the properties and functioning. “Checking the properties and functioning” means testing and trying out the goods as it is possible and usual in a shop. Goods capable of being shipped in parcels are to be returned at our risk. You must bear the regular costs of the return if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if you have not yet paid the consideration or a contractually agreed part payment at the time of the withdrawal. Otherwise, the return is free of charge for you. Non-parcel-shippable goods will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration or the goods, for us with their receipt.

End of the Withdrawal Policy

Exclusion of the Right of Withdrawal
The right of withdrawal does not exist in the case of distance contracts for the delivery of goods that are made according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded.

3.2. Withdrawal Rights for Service Contracts

If the Customer acts as a consumer, they may withdraw from contract declarations aimed at concluding a contract for the provision of services (e.g., repair work) according to the following provisions:

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason in text form (e.g., letter, fax, email). The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and not before we have fulfilled our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB. To meet the withdrawal deadline, it is sufficient to send the withdrawal in time. The withdrawal is to be addressed to:

HyPneu GmbH Hydraulik und Pneumatik
Zwickauer Str. 137a
09116 Chemnitz
Fax: +49 (0) 371-38265-21
Email: verkauf@hypneu.de

Special Notes
Your right of withdrawal expires prematurely if the contract has been fully performed by both parties at your express request before you have exercised your right of withdrawal.

End of the Withdrawal Policy

4. Return Costs upon Exercising the Right of Withdrawal

If the Customer’s contract declaration is aimed at concluding a contract for the delivery of goods (e.g., purchase of goods) and the Customer has a right of withdrawal, the regular return costs will be imposed on the Customer when exercising the right of withdrawal if the price of the goods to be returned does not exceed 40 Euros or if the Customer has not yet provided the consideration or a contractually agreed part payment at the time of the withdrawal, unless the delivered goods do not correspond to the ordered goods. In all other cases, the provider bears the return costs.

5. Prices and Payment Conditions

5.1. Price Adjustments

Our prices and the amount owed by the Customer after order fulfillment depend on the general development of prices or values for goods and services on the market, which directly influence our costs for executing the order (such as wage settlements or material price changes). Changes (increases as well as decreases) in such pre-costs will be passed on to the Customer to the extent that they affect our prices as cost elements. We will provide the Customer with evidence of this upon request.

5.2. Final Prices

The prices stated by the provider are final prices and include the statutory VAT. Any additional delivery and shipping costs incurred will be indicated separately in the respective product description or offer from the provider.

5.3. Payment Methods

The Customer has various payment options available, which are indicated on the provider’s website or in the provider’s offer.

5.4. Advance Payment

If advance payment is agreed, the payment is due immediately after the conclusion of the contract.

5.5. Payment on Invoice

If the payment method “payment on invoice” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within ten days of receiving the invoice without deduction unless otherwise agreed.

5.6. Default of Payment

If there is no payment received by the agreed payment date, the process will be forwarded to our collection service provider or attorney. All associated costs will then be borne by the Customer.

6. Delivery and Shipping Conditions for Goods Deliveries

6.1. Delivery Times

Delivery time information is non-binding. Agreed delivery deadlines begin with the dispatch of our order confirmation but not before the receipt of documents, approvals, releases to be obtained by the Customer, and a agreed down payment with us. The delivery deadline is met if the delivery item has left the factory by its expiration or the shipping readiness has been communicated.

6.2. Extension of Delivery Periods

The delivery period is extended appropriately in the event of unforeseen circumstances that make delivery more difficult, including force majeure, insofar as we are not responsible for these circumstances.

6.3. Delivery Location

Delivery of goods is made by shipping to the delivery address provided by the Customer, unless otherwise agreed.

6.4. Costs of Unsuccessful Delivery

If the shipping company returns the shipped goods to the provider because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer exercises their right of withdrawal by refusing acceptance, if the Customer is not responsible for the circumstances that made delivery impossible, or if the Customer was temporarily prevented from accepting the offered service, unless the provider announced the service within a reasonable time in advance.

6.5. Transfer of Risk

As a rule, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer or an authorized recipient upon delivery. If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a shipment sale passes to the Customer upon delivery of the goods to a suitable transport person at the provider’s place of business.

6.6. Right of Withdrawal in Case of Self-Supply

The provider reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the provider is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The provider will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

6.7. Self-Collection

In the case of self-collection, the provider will first inform the Customer by email that the goods they ordered are ready for collection. After receiving this email, the Customer can collect the goods in consultation with the provider at the provider’s place of business. In this case, no shipping costs are charged.

6.8. Permissible Over- or Under-Deliveries

Over- or under-deliveries of up to 10% are permitted. In this case, the contractual partner, who has duly reported the under-delivery according to §§ 377 HGB, only owes the delivery price corresponding to the actual quantity delivered. Over-deliveries of up to 10% are owed by the contractual partner if the contractual partner has not properly made the complaint in accordance with §§ 377 HGB. In this case, the contractual partner also owes the proportionally increased price applicable to the over-delivery. If the contractual partner has duly complained about the over-delivery according to §§ 377 HGB, they do not owe the additional amount due for the over-delivery if they have no interest in the over-delivery and notify HyPneu GmbH within the time limits applicable for complaints of defects according to §§ 377 HGB. However, they are then obliged to return the excess goods to HyPneu GmbH upon request. Over- or under-deliveries do not generally entitle the contractual partner to refuse acceptance or withdraw from the contract. We are entitled to partial deliveries and partial services at any time, unless the partial delivery or partial service is unreasonable for the Customer. If the shipping costs of a goods shipment demonstrably exceed the flat-rate freight charges, HyPneu GmbH reserves the right to pass on the additional costs to the Customer. When ordering from abroad, additional customs or import fees may be incurred in the destination country. Such costs are borne by you; we have no control over the fees and their amount.

6.9. Delay in Shipping

If the Customer delays the shipment, they must pay storage costs of 0.5% of the invoice amount per month to us from the beginning of the second month.

7. Retention of Title in Case of Purchase

7.1. Consumers

The provider retains ownership of the delivered goods until full payment of the purchase price owed.

7.2. Entrepreneurs

The provider retains ownership of the delivered goods until full settlement of all claims arising from an ongoing business relationship.

7.3. Resale of Goods by Entrepreneurs

If the Customer acts as an entrepreneur, they are entitled to resell the goods subject to retention of title in the ordinary course of business. All claims arising from such a resale against third parties are hereby assigned in advance by the Customer to the provider in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The provider’s authority to collect the claims itself remains unaffected. However, the provider will not collect the claims as long as the Customer meets their payment obligations towards the provider, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

8. Special Provisions for Services

Services are provided at the provider’s place of business unless otherwise indicated in the provider’s offer and unless otherwise agreed between the parties. If the service is to be provided at the provider’s place of business, the following applies:

8.1. Shipping to Provider

If, according to the content of the contract, the provider is owed the processing of an item of the Customer (e.g., in the case of assembly or repair orders), the Customer must bring or send the item to the provider’s place of business at their own cost and risk. In the case of shipping, the provider recommends that the Customer take out transport insurance. Furthermore, the provider recommends that the Customer send the item in suitable transport packaging to reduce the risk of transport damage and conceal the contents of the packaging. The provider will inform the Customer immediately about any obvious transport damage so that the Customer can assert any claims they may have against the carrier.

8.2. Return of Item to Customer

The return of the item is at the Customer’s expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer with the handover of the item to a suitable transport person at the provider’s place of business. At the Customer’s request, the provider will take out transport insurance for the item.

8.3. Limitation of Liability

The provisions made in clauses 8.1 and 8.2 do not limit the Customer’s statutory rights in case of a purchase of goods from the provider.

9. Liability for Defects

9.1. Goods Defects Liability

When selling goods, the provider is liable for defects in the purchased item according to the statutory provisions, unless otherwise stipulated in clauses 9.1.1 to 9.1.7 and clause 10. For items that have not been used in their usual manner for a building and have caused its defectiveness:

9.1.1. For Entrepreneurs:

An insignificant defect generally does not establish any defect claims.
The provider has the choice of the type of subsequent performance.
For new goods, the limitation period for defects is one year from the transfer of risk.
For used goods, rights and claims due to defects are generally excluded.
The limitation period does not start anew if a replacement delivery is made under the liability for defects.

9.1.2. For Consumers:

The limitation period for defect claims is two years from the delivery of the goods to the Customer.
For used goods, the limitation period for defect claims is one year from the delivery of the goods to the Customer, with the restriction in clause 9.1.3.

9.1.3. General Limitation

For both entrepreneurs and consumers, the above liability and limitation period restrictions in clause 9.1.1 and clause 9.1.2 do not apply to damage and expense claims that the buyer can assert under the statutory provisions due to defects in accordance with clause 10.

9.1.4. Limitation Periods for Entrepreneurs

For entrepreneurs, the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in case of intentional breach of duty and fraudulent concealment of a defect.

9.1.5. Inspection and Complaint Obligation

If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation under § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

9.1.6. Transport Damage Complaints

If the Customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the delivery agent and inform the provider accordingly. Failure to do so has no effect on the Customer’s statutory or contractual defect claims.

9.1.7. Obligation to Return Defective Goods

If subsequent performance is carried out by way of replacement delivery, the Customer is obliged to return the first delivered goods to the provider at the provider’s expense within 30 days. The return of the defective goods must be in accordance with the statutory provisions.

9.2. Services Defects Liability

For services, the provider is liable for defects in the provided service in accordance with the statutory provisions unless otherwise stipulated in clause 10.

10. Liability

10.1. Unlimited Liability

The provider is liable to the Customer under all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

The provider is fully liable for any legal reason in case of intent or gross negligence,
In case of negligent or intentional injury to life, body, or health,
Based on a guarantee promise, unless otherwise regulated,
Based on mandatory liability such as under the Product Liability Act.

10.2. Breach of Essential Contractual Obligations

If the provider negligently violates a fundamental contractual obligation, the liability is limited to the foreseeable, contract-typical damage, unless unlimited liability applies under clause 10.1. Fundamental contractual obligations are those that the contract imposes on the provider according to its content to achieve the purpose of the contract, whose fulfillment is essential for the proper execution of the contract, and on whose compliance the Customer may regularly rely.

10.3. Exclusion of Liability

Beyond this, the provider’s liability is excluded.

10.4. Liability for Assistants

The above liability regulations also apply concerning the provider’s liability for its vicarious agents and legal representatives.

11. Applicable Law, Jurisdiction, Contract Language

11.1. Governing Law

All legal relationships of the parties are governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11.2. Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a 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 is the provider’s place of business. If the Customer has its seat outside the territory of the Federal Republic of Germany, the provider’s place of business 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. In the above cases, however, the provider is also entitled to appeal to the court at the Customer’s place of business.

11.3. Contract Language

The contract language is German.

This translation reflects the formatting and content of the provided German terms and conditions.