General Terms and Conditions
General Terms and Conditions for Private Customers (Edition of 01/01/2021)
§ 1 Scope
1.1. Contracting party for all purchase orders is
HRT Hausregeltechnik GmbH
Otto-Schmerbach-Str. 19
09117 Chemnitz
Germany
hereinafter referred to as "HRT GmbH".
1.2. A customer within the meaning of these General Terms and Conditions is a natural person who possesses full capacity to contract and who is consumer in accordance with Section 13 of the German Civil Code (BGB) and enters into a legal transaction with HRT GmbH for purposes that predominantly are outside his trade, business or profession.
1.3. These General Terms and Conditions shall apply to all mutual claims of private customers which arise from or in connection with conclusion of a contract between a customer and HRT GmbH in the edition valid at the time of conclusion of the appropriate contract and as amended from time to time.
§ 2 Subject Matter of the Contract
HRT GmbH delivers the goods ordered by the customer within the framework of accepting the offer. Errors and omissions excepted. Our policy is one of continuous improvement, and consequently the delivered products may vary in form, colour and weight from the relevant descriptions and specifications. We reserve the right to alterations of our products insofar as the ordered quality and functionality is preserved. In all other respects, Section 434, Para. 1, Sentence 3 of the German Civil Code (BGB) shall apply.
§ 3 Conclusion of the Contract and Data Protection
3.1. All contracts will be concluded in the German language and are brought about by accepting the customer's purchase order by HRT GmbH. You place a binding order by clicking the "Buy Now" button. The receipt of your purchase order is confirmed immediately after you have sent your order. Your purchase order is only accepted with advance payment, after sending a confirmation of your purchase order via e-mail.
3.2. The personal data of the consumer collected within the framework of or obtained in connection with our business relationship are stored and processed in accordance with the Data Protection Act. All your stored personal data will be processed by HRT GmbH only and will not be disclosed or passed on to third parties. The processing of your personal data is subject to the protection of the interests of the consumers by way of the relevant legal regulations.
The data and the status of the orders of our customers are stored and can be viewed by them both in their personal area and in the "Your Orders" section.
§ 4 Return Policy
4.1. Right of cancellation for consumers
(A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.)
Return policy
Right of cancellation
You have the right to cancel this contract within fourteen (14) days, without any obligation to give any reason. The cancellation period is fourteen days from the day on which you or a third party other than the carrier and indicated by you acquired the physical possession of the goods.
To meet the cancellation deadline, it is sufficient for you to inform us by way of a clear and unambiguous declaration (e.g. a letter sent via conventional post, a telefax or e-mail) stating your decision to withdraw from or cancel the contract and to send it to the following address:
HRT Hausregeltechnik GmbH
Otto-Schmerbach-Str. 19
Chemnitz
09117
Tel. +49 371 8100 1975
Fax. +49 371 8100 1976
info@hausregeltechnik.com
You may use the attached model cancellation form which is, however, not mandatory. You can also electronically complete and transfer the model cancellation form or a different unambiguous declaration which can be found on our homepage (www.hausregeltechnik.com). If you choose this option, you will immediately receive (e.g. via e-mail) a confirmation of receipt of your cancellation.
To meet the cancellation deadline, it is sufficient to send the notification about exercise of the right of cancellation before the cancellation period has expired.
4.2. Effects of cancellation
If you cancel this contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless otherwise expressly agreed with you; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have furnished evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost for returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4.3. Exception to the right of cancellation
No right of cancellation is provided in the case of contracts for the supply of goods which are not already manufactured, which are produced in accordance with the consumer's specific selection or specifications or are unambiguously customised to meet the personal wishes and demands of the consumer, in the case of contracts for supply of goods which can quickly spoil or whose expiry date would quickly be exceeded, contracts for supply of sealed goods which for health protection or hygienic reasons are not suited for return if their seal was removed after delivery, contracts for supply of goods if they were inseparably merged with other goods after delivery due to their nature or properties, in the case of contracts for the supply of alcoholic drinks whose prices were fixed on conclusion of the contract and which can, however, be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on the variations in the market prices on which the entrepreneur has no influence, contracts for the supply of sound and video recordings or computer software in a sealed package if the seal was removed after delivery, as well as in the case of contracts for the delivery of newspapers or magazines, with the exception of subscription contracts.
§ 5 Delivery; Shipping Charges
5.1. Delivery time
Deliveries throughout Germany are performed within approx. 3 - 4 working days; in member states of the European Union - within approx. 1 week.
5.2. Delivery area
Deliveries are possible within Germany, to the member states of the European Union, and to selected third-party countries.
§ 6 Prices and Terms of Payment
6.1. The price specifications are intended exclusively for end consumers and are thus end prices that comprise the statutory value-added tax valid at the time of purchase. Our prices are subject to change. Errors excepted.
6.2. Purchase orders are subject to the prices displayed in the shopping cart or when checking out.
6.3. In addition to the net prices for the goods, the prices for related services, such as shipping, as well as the value-added tax as applicable at the time of invoicing are specified on the invoice as the total price. Delivery is only performed after full payment of the price for the good(s) displayed in the order confirmation.
§ 7 Warranty
7.1. The warranty period is two years. It commences at the time when the customer receives the goods.
7.2. In case of any defect, the customer may, in accordance with Section 439 of the German Civil Code (BGB), at his choice, demand that the defect is remedied or a thing free of defects is supplied. Pursuant to Section 439 of the German Civil Code (BGB), HRT GmbH may refuse to provide the kind of cure chosen by the buyer, if this cure is possible only at disproportionate expense. If the remedy of a defect within the framework of repair does also not succeed in the second attempt, the customer may demand in accordance with Section 439 of the German Civil Code (BGB) that the defect is remedied or a thing free of defects is supplied or may reduce the purchase price or revoke the contract. Revocation is excluded in case of minor or irrelevant defects. In all other respects, Section 437 of the German Civil Code (BGB) shall apply.
If any modifications are performed on the product by the buyer or any third parties, there will be no claims for defects arising from such modifications and for the resulting consequences.
7.3. Any claims for compensation for damage derived from material defects shall be subject to the relevant legal regulations.
7.4. Prerequisite for the warranty claims is that the defect is not due to improper use or to excessive load.
§ 8 Liability
8.1. HRT GmbH will be liable for deliberate action and gross negligence without limitations. Furthermore, HRT GmbH will be liable for slight negligence of material duties whose violation endangers the realisation of the purpose of the contract, whose performance only renders possible the proper execution of the contract and on whose observance the customer can always trust.
8.2. The scope of any liability in accordance with the Product Liability Act shall remain unaffected.
8.3. The provisions above reflect the complete scope of liability of HRT GmbH, its management and its employees.
§ 9 Reservation of Title
HRT GmbH reserves ownership title to the goods delivered by it to its customers until the delivered goods have been paid finally and in full. Insofar as goods are replaced by HRT GmbH within the framework of warranty, it is already today agreed that the ownership in the goods to be replaced alternately passes from the customer to HRT GmbH or vice versa at the moment at which the goods are returned to HRT GmbH by the customer or the customer receives the replacement delivery from HRT.
§ 10 Place of Jurisdiction
10.1. The legal relationship between HRT GmbH and its customers, as well as the appropriate terms and conditions shall be subject to and construed by German law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) of 11/04/1988 shall be excluded.
10.2. The provisions in Section 10.1. above do not affect the compulsory provisions of the jurisdiction of the country in which the customer has his habitual place of residence, if and insofar the customer has concluded a purchase contract which is not related to his professional or commercial activities and the customer has performed the legal acts which are required in the country of his habitual place of residence to conduct a purchase contract.
10.3. In cases a consumer does not have his place of residence within the European Union, place of jurisdiction shall be the registered office of HRT GmbH.
§ 11 Severability
Should individual provisions of this contract be or become wholly or partially legally invalid, this shall not affect the validity of the remaining provisions of the contract.
§ 12 Legal Note
HRT Hausregeltechnik GmbH
Managing director: Ingo Appelt
Otto-Schmerbach-Str. 19
09117 Chemnitz
Germany
E-mail: info@hausregeltechnik.com
www.hausregeltechnik.com
Telephone: +49 371 8100 1975
Fax: +49 371 8100 1976
HRB 8087
Local Court (Amtsgericht) of Chemnitz
VAT ID No.: DE 152 460 336
