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GENERAL TERMS AND CONDITIONS (GTC) OF HEISSNER GMBH FOR CONSUMERS

1. General provisions
The following sale and delivery terms and conditions shall apply exclusively for all transactions. They form an integral part of any and all agreements. Other terms and conditions are not integrated in the agreement even if they contain corresponding statements of the buyer. German law shall apply.

2. Delivery provision
Partial delivery is admissible. Delivery is deemed performed when the seller has shipped the purchased item from the place of performance Lauterbach to the destination.

3. Packaging, risk, transfer and shipping
The seller is obliged to package the purchased object as customary in the trade and to label it if required. Shipping shall be made on account of the buyer as of place of performance (unless agreed otherwise). The mode of shipment shall be at the seller’s discretion unless agreed otherwise.

4. Prices
Calculation is made in Euros (€). All prices are gross prices.

5. Payment and shipping costs
Payment shall be made in advance. Parcels and packages are charged at EUR 11,00. (Netherland, Denmark, Belgium, France)

6. Order process

The presentation of the products in the web shop is not a legally binding offer but a non-binding online catalogue. By clicking on the button “Bestellung senden” (“submit order”), you submit a binding order of the merchandise in your shopping cart. Receipt of your order is confirmed immediately upon submission by an automated e-mail, together with acceptance of the order. With such e-mail confirmation, the sale agreement is concluded.

7. Warranty, guarantee, customer service
If the buyer asserts a justified claim due to defects, the seller shall grant them rectification of the defect, replacement or a credit note at their option. The seller reserves the right to deviate in construction, colour, the stated measures and technical data, including but not limited to in comparison with illustrations and descriptions and technical product improvements to a reasonable extent. Such deviations shall be deemed approved by the principal and are no material defects unless the delivery item’s appearance or function is materially impaired. Voluntary rights of recourse or promises of guarantee of the seller shall expire 60 months after the end of the month in which the product was manufactured the latest. Customer service and repair shall be handled by:

HEISSNER GmbH
Technisches Beratungszentrum
Schlitzer Str. 24
36341 Lauterbach

8. General disclaimer of warranty
The seller shall be liable in the event of wilful intent or gross negligence of the seller or a representative or vicarious agent pursuant to the legal provisions. Otherwise, the seller shall be liable pursuant to the German Product Liability Act, for injury to life, body or health or for culpable breach of material contractual obligations only or if the seller has kept the defect secret with malicious intent or had given a warranty for the delivery item’s appearance and function. However, the claim for compensation of damages for the breach of material contractual obligations shall be limited to the foreseeable damage typical for this type of contract. Liability for damages to legally protected rights of the buyer, for example damage to other items, shall be excluded. The provisions of the sentences 3 and 4 shall not apply if wilful intent and gross negligence are present or if liability applies due to injury to life, body or health. The provision of the above paragraph covers claims for damages in addition to the performance and compensation of damages in lieu of performance for whatever legal reason, including but not limited to that due to defects, breach of obligations under the agreement or in tort. It shall also apply for the claim incurred by reimbursement of wasted expenditure.

9. Agreement on assumption of costs
If you use your right of cancellation, you shall bear the regular costs of return if the delivered goods match those ordered and the price of the item to return does not exceed an amount of 40 Euros or if you did not pay the consideration or contractually agreed partial payment until the time of cancellation if the item’s price is higher. Otherwise, returning it shall be free of charge for you.

10. Place of performance
The place of performance for deliveries and payments shall be the seller’s domicile in Schlitzer Str. 24, 36341 Lauterbach.

11. Applicable law
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods dated 11 April 1980 (“Vienna Convention”) shall be excluded.

 

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