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Standard Terms and Conditions
1. Scope of application
The following Standard Terms and Conditions (STC) shall apply to all orders placed by consumers via our online shop.
A consumer is any natural person who concludes a legal transaction for a purpose that is outside the person's commercial or independent professional activity. An entrepreneur is any natural or legal person or an incorporated partnership concluding a legal transaction in connection with its commercial or independent professional activity.
These STC shall apply in dealings with entrepreneurs to future business relations as well, without the necessity to refer to them explicitly once again. If the entrepreneur uses deviating or additional standard terms and conditions, we herewith object to their applicability; they shall become part of the contract only if we have given our explicit consent.
2. Parties to the contract, conclusion of the contract
The purchase contract is concluded with B+B Thermo-Technik GmbH.
By presenting the products in our online shop, we provide a binding offer for the conclusion of a contract with respect to these articles. You may first put our products into the shopping cart without entering into any obligation and correct your input at any time before dispatching your binding order by means of the correction options provided in the course of the ordering procedure. The contract is concluded when you accept the offer for the goods placed into the cart by clicking the order button. Immediately after sending your order, you will receive a confirmation by e-mail.
A binding contract may also be concluded previously as described below:
If you have chosen payment by credit card, the contract is concluded at the moment when the credit card is debited.
If you have chosen payment by PayPal, the contract is concluded at the moment when you confirm your payment order to PayPal.
The languages available for concluding a contract are German and English.
We shall store the contract text and send your ordering data and our STC to you by e-mail. The STC can be viewed and down-loaded at any time on this page. Your previous orders can be viewed in our Customer Login.
3. Terms of delivery
Dispatch costs shall be charged in addition to the product prices specified. For more details concerning the amount of the dispatch costs, please refer to the information provided with the offers.
We do not deliver goods to automated dispatch and collection points (Packstationen).
4. Payment
In our online shop for consumers, the prices quoted are always gross prices including VAT.
The following modes of payment are available in our shop:
Advance payment
If you select advance payment, we provide our bank details in the order confirmation and deliver the goods only after we have received your payment.
Credit card
Visa and MasterCard. By submitting the order you enter your credit card details. After your legitimacy as a legitimate cardholder, the payment transaction will automatically be completed and your card will be charged. The accounting via credit card will be effected by:
HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l.
1, Place du Marché
L-6755 Grevenmacher
R.C.S. Luxembourg B 144133
E-Mail: info @ hso-services.com
Managing directors:
Dipl. Vw. Mirko Hüllemann
Heiko Strauß
Ramona Spies
PayPal
You pay the invoice amount via the online service PayPal. For this purpose, you must be registered or get newly registered there, identify yourself with your access data and confirm your payment order to us (except maybe for guest accounts). Further information will be provided during the order process.
Direct money transfer (Sofortüberweisung)
Germany and Austria
Invoice
Germany
5. Right of cancellation
Consumers are entitled to make use of their right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.
6. Retention of title
The goods shall remain our property until the full invoice amount has been paid.
The following additional provision applies to entrepreneurs: we reserve the title for the goods delivered until all outstanding payments from a current business relationship have been fully settled. You shall be entitled to resell the goods covered by the retention of title in the due course of business; any claims arising from such a resale shall be assigned to us in advance corresponding to the invoice amount - irrespective of whether the goods are combined or mixed with new objects - and we shall accept this assignment. You shall remain entitled to collect the payments due, but we may also collect the payments due ourselves if you do not fulfill your payment obligations.
7. Transport damage
The following applies to consumers: if goods are delivered that show evident transport damage, you should report these defects directly to the delivery agent, if this is possible, and contact us immediately. A failure to complain about defects or to contact us shall have no effects on your legal claims and their enforcement, especially your warranty rights. But you will help us to assert our own claims vis-à-vis the carrier or the transport insurance.
The following applies to entrepreneurs: the risk of accidental loss or accidental deterioration shall pass to you as soon as we have handed over the goods to the forwarder, carrier or any other person or agency designated to execute the delivery. The obligation to examine the goods and give notice of defects as laid down in Section 377 of the German Commercial Code (HGB) shall apply among merchants. If you fail to give notice of defects as laid down there, the goods are deemed to have been accepted unless the defect is of such a nature that it cannot be recognized during an inspection. This shall not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless explicitly provided otherwise in the following, the statutory rights of liability for defects shall apply.
The period of limitation for warranty claims concerning used goods raised by consumers shall be one year after the goods have been delivered.
The period of limitation for warranty claims for entrepreneurs shall be one year after the passing of the risk; the statutory periods of limitation for the right of recourse according to Section 478 of the German Civil Code (BGB) shall remain unaffected.
An agreement on the properties of the goods towards entrepreneurs shall be constituted only on the basis of our own specifications and the product descriptions of the manufacturer that are included into the contract; we shall not assume any liability for public statements or other advertising statements on the part of the manufacturer.
If a product delivered to an entrepreneur is defective, we shall have the option to either remedy the defect (correction) or to deliver a product free from defects (replacement).
The restrictions and reduced delays described above shall not apply to claims due to damage caused by us, our legal representatives or authorized agents
in case of injury to life, limb or health
in case of deliberate or grossly negligent violation of an obligation or fraudulent intent
in case of a violation of essential contractual obligations the fulfillment of which is the basic requirement for a due execution of the contract and may be relied on by the other Party (material contractual obligation)
in the framework of a warranted quality as far as agreed
as far as the scope of application of the Product Liability Act applies.
Information concerning any additional guarantees and the requirements for their applicability are specified in detail for the individual product and on special information pages in the online shop.
9. Liability
Our liability for damage caused by us, our legal representatives or authorized agents shall always be unrestricted
in case of injury to life, limb or health
in case of deliberate or grossly negligent violation of obligations
in case of a warranted quality as far as agreed
as far as the scope of application of the Product Liability Act applies.
If we, our legal representatives or authorized agents have violated, by ordinary negligence, essential contractual obligations the fulfillment of which is the basic requirement for a due execution of the contract and may be relied on by the other Party (material contractual obligation), our liability shall be restricted to the amount equivalent to the damage that was foreseeable at the time when the contract was concluded and could be typically expected to arise.
Any other claims for damages shall be excluded.
10. Final provisions
If you are an entrepreneur, German law shall apply and the UN Convention on the Sale of Goods shall be excluded.
If you are a merchant within the meaning of the Commercial Code, a legal person under public law or a special fund under public law, the exclusive legal venue for all disputes arising from contractual relations between you and us shall be our place of business.