General Terms and Conditions of Hewaltech GmbH
§ 1 Scope of application
(1) These Terms of Sale apply exclusively towards companies, legal entities under public law or special funds under public law in the sense of Article 310, paragraph 1 of German Civil Code [BGB]. Any terms and conditions of the purchaser that are contrary to or deviate from our Terms of Sale are not recognised by us unless we have expressly agreed to them in writing
(2) These Terms of Sale also apply for all future transactions with the buyer, insofar as it involves legal transactions of a similar nature (as a precautionary measure, the conditions of sale should always be attached to the order confirmation).
§ 2 Offer and entering into contract
(1) If an order is to be regarded as an offer pursuant to Article § 145 of German Civil Code (BGB), we can accept it within two weeks.
(2) Online Shop Orders and Product availability
Orders to be executed on the business day (excluding Saturday) on which they are received by Shop Owner, must be submitted to Shop Owner latest at 14:00 o’clock as stated on the website www.industrysupply24.com. For larger orders and individual products, Shop Owner reserves the right to extend the delivery time up to 4 weeks.
If it turns out after conclusion of contract that the ordered product is no longer available or for legal reasons cannot be delivered, we will immediately inform the customer.
In the case of lack of availability, we are free to withdraw from the contract. We will where possible, offer the customer a product equivalent in quality and price. Should it become apparent after conclusion of the contract/order for Shop Owner that the acceptance of an offer is made on terms of writing, printing or calculation errors published on the website or in the catalog, Shop Owner is entitled to withdraw from the order. The same applies to the lack of creditworthiness of the customer.
We will reimburse all already made payments to the buyer if we for one of the above reasons withdraw from the contract.
§ 3 Provided documentation
We reserve the proprietary rights and copyrights to all documentation, such as calculations, drawing, etc., supplied to the buyer in connection with the issuance of the order. This documentation may not be made accessible to third parties unless we issue our express approval to the buyer for this purpose. Insofar as we do not accept the offer of the purchaser within the period specified in Article 2, said documentation must be returned to us immediately.
§ 4 Prices and payment
(1) Unless otherwise agreed in writing, our prices are ex-works, and do not include packaging and the respective amount of VAT. Packaging and Shipping costs and Customs Duties are billed separately.
(2) The payment of the purchase price must be made on the account mentioned on the order confirmation or invoice respectively. Cash discount is allowed only in special written agreement.
(3) Unless otherwise agreed, the purchase price shall be paid within 10 days of delivery. Default interest shall be payable in the amount of 8% above the base rate calculated. The enforcement of higher damages for defaults is reserved.
(4) Insofar as no fixed price agreement has been reached, we reserve the right to reasonable price changes due to changes for labor, material and distribution costs for deliveries which takes place three months or more from the time the contract was entered.
§ 5 Offsetting and retention
The customer has the right to offset only if its counterclaims have been legally established or are undisputed. The buyer is only entitled to exercise the right of retention insofar as the buyer’s counterclaim is based on the same contractual relationship.
§ 6 Delivery
(1) The beginning of the specified delivery time requires the timely and proper fulfillment of the obligations by the customer. The defence of breach of contract is reserved.
(2) If the buyer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage caused, including any additional expenses. Further claims remain reserved. Insofar as the above conditions are fulfilled, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the buyer at the time at which the latter falls into default of acceptance or payment.
(3) In the event of a delay in delivery not brought about by intent or gross negligence on our part, we shall accept liability for every full week from default within the scope of compensation in the amount of 0,5% of the contract value, but not more than 5% of the contract value.
(4) Further legal claims and rights of the buyer due to a delay in delivery remain unaffected.
§ 7 Transfer of risk upon shipment
When the goods are shipped to the buyer on his request, the risk of accidental loss or deterioration passes over to the customer with their dispatch at the time that the shipment leaves the factory/warehouse. This applies regardless of whether shipment is made from the place of performance or regardless of who bears the freight costs.
§ 8 Retention of title
(1) All goods delivered shall remain our property until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly make reference to it. We are entitled to take back the goods if the buyer is in breach the contract.
(2) The buyer shall, as long as the property has not been transferred to him, treat the goods with care. He is also obliged to insure them at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work is carried out, the Purchaser shall execute this at his own expense. As long as title of ownership has not been transferred, the purchaser must notify us in writing immediately if the products are detrained or subject to interventions by third parties. As far as such third party is unable to reimburse us the court and out-of-court costs of a lawsuit according to § 771 ZPO, the customer is liable for the loss occurred to us.
(3) The buyer is entitled to resell the goods in the regular course of business. The buyer shall assign to us the receivables from the resale of the conditional goods in the amount of the final invoice total outstanding to us (including added-value tax). This assignment shall apply regardless of whether the goods have been resold without or after processing. The buyer shall remain entitled to collect this claim even following the assignment. Our Authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the buyer meets his payment obligations from the collected proceeds, is not in default and no petition for insolvency proceedings or payments.
(4) Processing, working or redesign of the purchased goods by the customer may only be done with authority of the supplier. In this case, the expectancy of the buyer with regard to the item for purchase or the altered item shall continue to apply. If the purchased goods are processed with other items not belonging to us, we acquire co-ownership of the new object in the ratio of the objective value of our goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the cause of buyer is considered the principal cause is considered to be agreed that the purchaser to us pro rata co-ownership and shall hold the sole ownership or co-ownership. To secure our claims against the customer, the ordering and such claims to us, which he is by the connection of the goods with a property against a third party, we take this assignment now.
(5) We undertake to release the securities due to us at the customer's request, if their value exceeds the claims to be secured by more than 20%.
§ 9 Warranty and complaints and recourse / manufacturer redress
(1) Any warranty rights of the purchaser are subject to the purchaser having properly fulfilled the obligation to inspect the goods upon receipt and submit complaints if applicable as required by § 377 of the German Commercial Code (Handelsgesetzbuch – HGB). The notice has to be in writing and shall include a detailed description of the defect.
(2) Warranty claims expire 12 months after delivery of the goods delivered to the buyer. Before returning any goods, our written consent must be obtained.
(3) If, despite all care taken, the delivered goods exhibit a defect that already existed at the time of transfer of risk, we will, at our choice, either repair the goods or supply replacement goods, provided that the notice of defects was given in due time. We must always be given the opportunity to render subsequent performance within a reasonable time. The above provision does not affect the rights of recourse in any way.
(4) If subsequent performance is unsuccessful, the purchaser can – without prejudice to any possible claims for damages – withdraw from the contract or reduce the compensation.
(5) Claims for defects cannot be asserted in the case of only insignificant deviation from the agreed properties and condition, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damage arising after the transfer of risk as a result of incorrect or careless handling, excessive strain, unsuitable equipment, poor construction work, an unsuitable foundation, or due to special external influences that could not have been foreseen at the time the contract was formed. Likewise, if repair work or modifications are carried out improperly by the purchaser or a third party, claims for defects cannot be asserted for these or the resulting consequences.
(6) Claims on the part of the purchaser for expenditures necessary for the purpose of subsequent performance, particularly transport, travel, labor, and material costs, are excluded if these expenditures increase because the goods delivered were subsequently transported to a location other than the purchaser’s place of business, unless such transport is consistent with the goods’ intended use.
(7) The purchaser can only assert rights of recourse against us insofar as no agreements have been made between the buyer and the buyer’s customer that go beyond the mandatory statutory rights relating to defects. Furthermore, as for the scope of the purchaser’s right of recourse against the supplier, Paragraph 6 applies accordingly.
§ 10 Returns
Where the buyer returns products to Seller not in accordance with (i) - (iii) below (for example, after 14-days from the date of delivery or in an unfit state) Seller will refuse delivery and return the products at the buyer's expense or may apply a 20% handling charge which relates to the actual cost of reprocessing.
- The buyer must contact Seller prior to the return of any products and obtain the prior consent of Seller and obtain a returns number (to be quoted on all returned paperwork);
- Return must be made within 14 days of the date of delivery (as stated on the delivery documentation). Products must be returned to Seller in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to Seller adequately packed and dispatched freight prepaid, clearly labeled to: CUSTOMER RETURNS DEPARTMENT, Hewaltech UG, Lottbekkoppeln 4, 22395 Hamburg – Germany using the address label at http://industrysupply24.com;
- The buyer must follow any specific instructions which appear on the http://www.industrysupply24 website
This returns policy excludes products manufactured by Wise Control, extended range products and specially manufactured products. In addition, we will not accept return of products where packaging has been e.g. the bag has been opened and resealed or multiple bags have been stapled together.
§ 11 Revocation Policy, Right of Revocation (Consumers)
Right of withdrawal / Revocation Terms
You have the right to cancel within fourteen days without giving any reason this contract.
The withdrawal period is fourteen days from the date the last installment or the last piece have taken possession of you, or a representative of your third party who is not the carrier or has.
To exercise your right of cancellation, you must notify us
Fax: +49 (0) 40 609 448 999
by a clear statement (eg a consigned by post mail, fax or email) of your decision to withdraw from this contract, inform. You can use the sample withdrawal form below, but 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), without delay and at the latest within fourteen days from the date repay, on which the notification is received about 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. The deadline is met if you send back the goods before the period of fourteen days. We will bear the cost of returning the goods to a height of 7,00 €. 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 dealing with them.
End of Instruction of Revocation
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(2) Use of Data:
The data provided by you, we use to fulfill and process your inquiry and order. A transfer of your data to shipping companies and manufacturers will only apply to the extent necessary for the supply and delivery of the ordered goods (company name, name, address, and phone number to coordinate delivery).
For handling payments it might be necessary to provide your payment details to our house bank. A transfer of your data to other third parties for marketing purposes will strictly not occur. With completion of the contract and full payment of your data for further use, will be blocked and deleted after expiration according to the tax and commercial law.
(3) Consent e-mail advertising:
If you have under the Option "Newsletter" is enabled, you expressly agree that Industry Supply 24 may send promotional offers to your e-mail account. Your email address will not be shared with other companies. This consent to use your e-mail address for promotional purposes can at any time be revoked with effect for the future by following the disable option in your account according to the instructions stated at the end of the newsletter.
You have a right to obtain information about your stored data, and a right to rectification, block or deletion of data. For questions regarding the storage, processing or use of personal data, disclosure, correction, blocking or deletion of data, please contact us at:
Your personal data will be encrypted. We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. Despite regular checks, a complete protection against all threats is not possible.
(6) Private Policy:
It is possible to use our website without providing personal information. The personal data (such as name, address or email address) will be collected only if you acknowledge so. Your data is not passed to third parties without permission.
We point out that data transmission over the Internet (e.g. communication by e-mail) may have security gaps. Complete protection of data against access by third parties is not possible.
The use of the contact data published in our legal notice by third parties for sending unsolicited advertisements and information materials is hereby expressly excluded. The site operators reserve the right to take legal action in case of unsolicited advertising, such as spam e-mails.
(7) Google Analytics’ Privacy Statement
(8) Privacy Statement for using Google +1
Collection and dissemination of information:
By using the Google +1 button, you can publish information worldwide. The Google +1 button provides personalized content to you and other users of Google and our partners. Google will store both the information that you have given for a content +1, as well as information about the page that you were viewing when you click on +1. Its +1 can be displayed on the Internet as a guide along with your name and profile photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and ads.
Google files information about your +1 activities to improve Google's services for you and others. To use the Google +1 button, you need a world-visible, public Google profile, which must contain at least the chosen name for the profile. This name is used in all Google services. In some cases, this name can also substitute a different name that you used when sharing content with your Google Account. The identity of your Google profile may be shown to users who know your e-mail address, or have any other identifying information from you.
Using the information collected:
This site uses Google AdSense, a service for including advertisements from Google Inc. ("Google"). Google AdSense uses "cookies", text files that are stored on your computer and allows you to analyze the use of the site. Google AdSense uses so-called web beacons (invisible images). Through this web beacons, information such as the visitor traffic will be evaluated on these pages.
The information generated by cookies and web beacons on this website (including your IP address) and delivery of advertising formats to a Google server in the U.S. and stored there. This information can be passed on from Google to contractors of Google. Google is your IP address but not combined with other data you have stored.
(10)Data Privacy Declaration for the Use of Twitter
Functions of the Twitter service are integrated in our site. These functions are being offered by Twitter, Inc. (795 Folsom St., Suite 600, San Francisco, CA 94107, USA). The use of Twitter and the “Re-Tweet” function links the websites you visit with your Twitter account and makes this information available to other users. Data is transferred to Twitter in the process.
We want to make you aware that we as a provider of the pages have no knowledge of the content of the transferred data or of its use by Twitter. You can find more information about the data privacy declaration of Twitter at twitter.com/privacy. You can change your data privacy settings at Twitter in the account settings at twitter.com/account/settings.
§ 13 Other
(1) This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our place of business unless the order confirmation states otherwise.
(3) All agreements made between the parties for the purpose of execution of this contract are recorded in this contract in writing. All verbal/oral agreements and understandings between the parties before and after order placement are only valid in written form.
(4) If individual provisions of this contract are or become invalid or contain a loophole, this will not affect the remaining provisions. The parties commit to replace the invalid provision with a legally permissible provision which most closely corresponds to the economic purpose of the invalid provision or fills the loophole.
General Terms and Conditions - valid June 2014