General Terms and Conditions (date 09.02.2015)
General Terms and Conditions of
DE-73529 Schwaebisch Gmuend
§ 1 Scope
The hereunder stated general terms and conditions state the contractual terms and conditions between you and HB-Laserkomponenten GmbH, Managing Directors Mr. Harald Bohlinger and Lutz Bartl, Heldenbergstrasse 26, 73529 Schwaebisch Gmuend / Germany.
§ 2 Duty of Secrecy
(1)We will treat your personal data (Title, Name, Address, Date of Birth, Email Address, Phone number, Fax Number, Bank details) according to the Swiss obligation of secrecy.
(2)When accessing our website www.hb-laser.com or any of the other websites or online representations operated by HB-Laserkomponenten GmbH, the following information will be recorded: name of the accessed file, date and time, data volume, report of data transfers, web browser, domain and IP-address.
(3)Your personal and digitally recorded data will be used exclusively for internal use only, e.g. for shipping or statistic action. Your data will not be made available to third party.
(4)A complete record of your personal data, saved with us, can be communicated to you upon written request. In case of a withdrawal of the personal data recording from your side, we will immediately delete all personal data recorded about you. The withdrawal / request for information can be sent to: HB-Laserkomponenten GmbH, Heldenbergstrasse 26, DE-73529 Schwaebisch Gmuend / Germany; Email: firstname.lastname@example.org
§ 3 Conditions of Payment
(1)Products and prices shown on our website www.hb-laser.com are no offers with obligation. A binding offer results from your order, referring to the German Commercial Code (HGB). In case of acceptance we send you a confirmation by e-mail.
(2)The purchase price is due at the closure of the contract. The payment of the goods is done through bank transfer or cash payment in advance, unless agreed differently.
(3)Failure to settle an invoice on time incurs a default interest of 8% per annum without prior notice and all charges created by collection of outstanding payments need to get refund by the customer.
§ 4 Retention of Title
The right of ownership will only be transferred to you after the payment is received successfully.
§ 5 Conditions of Delivery
(1)Shipment of goods is done according to the agreed conditions with you.
(2)Costs of shipment are listed in the product descriptions and are being listed separately on the invoice. We inform you that shipping to foreign countries may cause additional taxes and/or fees.
(3)In case of merchants, services are done according to the German Commercial Code (HGB) in 73529 Schwaebisch Gmuend / Germany.
§ 6 Right of Withdrawal
Consumers have the right of withdrawal right below shown under "Cancellation Policy". A consumer is any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent vocational activity.
I. Cancellation Policy:
(1) A consumer has the right to cancel the contract within 14 days without giving reasons.
(2) The right of withdrawal is 14 days. It starts from the date on which the last product is received by the customer or any third party, who is designated by the customer and is not a carrier at the same time.
(3) To exercise the right of withdrawal, it is necessary that we, the
DE-73529 Schwaebisch Gmuend
Fax: 0049 – 7171 104 692 200
by means of a clear statement (e.g. consigned by a letter, fax, e-mail or telephone) will be informed of the decision to revoke the contract.
(4) In order to keep the withdrawal period it is sufficient if the declaration on the exercise of the right of withdrawal is dispatched before the expiry of the cancellation period.
II. Consequences of the withdrawal:
(1) In case of cancellation of this contract, we will refund all payments that we have received from you immediately, at the latest within 14 days and free of charge. The period begins on the day on which we have received the notice of revocation of this contract. This also relates to the shipping costs (except for the additional costs incurred because of as you have chosen a different shipping method than the cheapest standard shipping, offered by us). For the refund we use the same method of payment that you used in the original transaction, unless we explicitly agreed otherwise.
(2) We may withhold the refund until the goods are not received by us or there is no evidence that the goods have been returned to us; whichever is the earlier date.
(3) The product has to be returned to us or handed it over immediately, at the latest within 14 days from the day we were informed of the cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days. You bear the direct costs of returning the goods.
(4) If a loss of value of the goods has occurred, you have to pay for it only when this value loss is due to a not necessary handling.
III. Exclusion of right of withdrawal:
(1) This right of withdrawal does not apply at contracts for the delivery of goods which we have produced according to your specifications or which have been tailor-made according to your personal needs or because of their nature, why they cannot be returned. Furthermore this right of withdrawal does not apply at contracts for the delivery of audio or video recordings or software if the delivered data carriers were sealed and this seal was removed after delivery.
§ 7 Limited Warranty
(1)For the case of delivered goods which are defective, consumer has the legal regulations as far as not marked differently in the following terms.
(2)Used goods have a warranty of one year to end-customers referring to the legal start of limitation. This does not apply to merchants and firms.
(3)If the customer is a merchant in terms of the German Commercial Code she/he has a warranty of one year on new goods referring to the legal start of limitation.
§ 8 Limitation of liability
All other claims and losses than injuries of life, body and health are only accounted for by us when negligence or breach of contract through us or auxiliary person is involved. Liability in terms of the Product Liability Act will remain unaffected.
§ 9 Final Provisions
(1)For all business relations to HB-Laserkomponenten GmbH German law applies. UN-merchant law is excluded. Necessary clauses of your home country will be taken into account.
(2)For contracts with merchants in terms of the German Commercial Code (HGB), place of jurisdiction is Schwaebisch Gmuend, Germany. Opposing general terms and conditions are explicitly void.
(3)If part of this contract is void due to national regulations, the contract as a whole is still regarded as valid.