General Terms and Conditions of Manfred Huck GmbH for online ordering
Valid as of 01.05.2008
- These General Terms and Conditions (hereinafter: T&C’s) govern the contractual relations between
Manfred Huck GmbH,
Asslarer Weg 13-15,
and the customer for such contracts which are concluded via the Internet on the Huck website under the address http://www.huck.net/ (hereinafter: Website).
The respective current authorized representatives of Huck can be found in imprint under the address
- When registering on the website each customer attests the accuracy and completeness of his registration details and affirms to be of age. Contract partners who are not of age shall not be accepted by Huck.
- Huck provides each customer with a quote based on these T&C’s. By registering or placing an order the customer shall comply with the validity of these T&C’s.
- Deviating terms and conditions of the customer are then non-binding for Huck, even if Huck has expressly not objected to them.
- Conclusion of contract
For contracts to become binding when using the website the order options available must be differentiated:
Enquiry for a quote to be given (2.1.)
instant online purchase (2.2.)
- Enquiry for a quote to be given
If the website offers the customer the option of receiving a written quote from Huck for the goods he has selected, the contract based on this is not binding upon the customer’s enquiry but instead upon the acceptance of the quote sent by Huck in response to the customer’s enquiry. These T&C’s are not applicable in this respect! In this case Huck’s General Terms and Conditions of Sale and Delivery, which may deviate from these, shall apply.
- Instant purchase
If a customer chooses the option available for some of the goods presented on the website to make a purchase online instantly, the contract based on this shall become binding as follows:
The customer places an online order including the payment procedure provided. The contract becomes binding upon receipt of the order confirmation sent by email by Huck to the customer. In this case these T&Cs shall apply. Huck reserves the right to refuse to conclude a contract on important grounds in individual cases.
- When registering the customer accepts that as holder of the access data he is fully responsible for all activities, which are carried out under his access data. If the customer has given another person permission to use his access data he accepts that he is fully responsible for the actions of this user and the consequences of any misuse. The customer undertakes to immediately inform Huck in writing of any improper use of his access data and is liable to Huck for the activities of other users who place online orders using his access data. In this respect the written form is also complied with by email.
- Online orders from abroad are basically not possible at present. International orders shall be treated as enquiries, for which a quote is drawn up in response. In countries with permanent contractual partners your order shall be forwarded to the relevant contractual partner, who shall then send the customer a quote based on his prices and conditions.
- Pricing, packaging and delivery conditions
- 3.1. For instant online purchases (2.2.), the prices displayed in Huck’s current price list or on the website shall apply. The form and volume of content can be found in the technical and content-related descriptions online.
- 3.2. Prices in this respect are non-binding when considerable changes in raw material costs and salaries arise and consequently the bases of calculation no longer apply. Prices include packaging.
- 3.3. Prices include the current rate of statutory VAT of 19 %.
- 3.4. Orders with an invoice total of € 252.10 excluding VAT (€ 300.00 incl. VAT.) are shipped free-of-charge. Only a cash-on-delivery fee of € 7.50 excluding VAT (€ 8.93 incl. VAT) per parcel is incurred. Bulky goods are excluded from free shipping. For invoices up to € 252.10 excluding VAT (€ 300.00 incl. VAT) Huck charges shipping costs of € 5.75 excluding VAT (€ 6.84 incl. VAT) per parcel.
- 3.5. Bulky goods are delivered ex works. The respective items are specified in the product literature. As soon as the order is received an order confirmation with details of exact shipping costs is sent to the customer.
- 3.6. All supplied goods remain the property of Huck until the customer has paid in full.
If the goods are sold on before payment is made, then instead the demand for payment of the purchase price is deemed assigned to Huck. Attachments and any other infringement of our proprietary right must immediately be put in writing.
- Cancellation, exchange and return
- If a customer is a consumer under the terms of § 13 BGB (German Civil Code) (Private sale for private purposes, i.e. not a trader), he is entitled to cancel his orders pursuant to § 312 d Para. 1, 355 BGB. The cancellation period is 2 weeks and shall commence on the day the customer receives the goods. The cancellation period shall be deemed observed if notice of cancellation is given or the goods are returned to Huck on time.
- In the case that goods have already been delivered as per the terms of the contract, the customer, who fulfils the requirements under 4.1, is obliged to return the goods if these can be sent back by parcel dispatch. In this case the customer must bear the return postage costs up to the amount of € 40.00 incl. VAT.
- If in the case of cancellation the goods have already been paid for Huck is obliged to refund the payment.
- Payment terms
There are three payment options for goods actually ordered:
- Payment by credit card or direct debit: The invoice amount is charged at the time of order and is processed via online service provider PayPal, specializing in processing payment transactions (http://www.paypal.de/). To this end as part of the online payment transaction the customer is required to register or log in with his existing customer data (PayPal account) on the website of the service provider Paypal. Transactions made by PayPal shall become binding on the basis of a separate contract between Paypal and the customer, or one that already existed before the purchase (PayPal account).
- Payment in advance: Upon receipt of the incoming order confirmation the customer shall receive an invoice. The invoice amount must be transferred to the account specified below quoting the order number (confirmation email). Immediately upon receipt of payment the order is processed at Huck and the order goods are dispatched. Bank details are:
Manfred Huck GmbH
Account number: 5584
Sort Code: 515 602 31
Volksbank Wetzlar-Weilburg eG
- Payment on delivery: With payment on delivery the customer pays the invoice amount in cash.
For cash on delivery there is a fee of € 7.50 excluding VAT (€ 8.93 incl. VAT). Cash on delivery is only possible for standard goods. Special commission orders may only be paid in advance or by credit card.
- Delivery times stipulated by the customer and acceptance thereof do not constitute a delivery promise. Claims for compensation may not be made on the back of delivery times not being met. Force majeure, including strikes, excludes Huck or its pre-suppliers from delivery obligations. If delivery is not possible then the delivery time is automatically extended by a reasonable extent in the case of the above-mentioned circumstances.
- Notices of defects concerning weight, number of units or quality may only actually be made within eight days following receipt of delivery, if the customer is a trader under the terms of 14 BGB. For the rest notices of defects relating to obvious defects are excluded, if they are not made within an eight-day period, from date of delivery. The receipt of notice of defects by Huck is binding for the calculation of the eight-day period.
- For the rest the statutory warranty provisions shall apply.
- The nets produced by Huck are textile products, the properties of which can be damaged by UV radiation. Thus all nets are designed with a UV stabilizer, which is however only additional protection. The guarantee is based only on the properties, which are ensured in new condition, which naturally include the standard addition of UV stabilizers. For this reason it is important that manufacturer inspection requirements (mesh tests) are observed in the case of personal safety nets.
- Data protection
Huck saves and processes data concerning orders and customers, if this is required for business and is permissible under data protection. Within this scope Huck shall use this data only for advertising purposes, if the customer has expressly agreed to this during the registration process. Huck shall not forward this data to third parties unless this is required by the service provider partners to process the order for the client. This shall apply in particular for processing credit card payments, which Huck has processed via provider Paypal (http://www.paypal.de/). Customers are at any time entitled to pass on, adjust, block or if required delete their saved data at no cost. For this purpose any customer may contact Huck by email on firstname.lastname@example.org or by post or fax.
Each customer may also view or change his data if he registered on the website. For this purpose he is required to log in on the website using the log in data sent directly to him by email after registering.
- Place of fulfilment, applicable law, jurisdiction
- Place of fulfilment for deliveries and payments is Aßlar-Berghausen.
- All legal relations between Huck and the customer are solely subject to German law excluding the UN-Convention on Contracts for the International Sale of Goods.
- If the customer is a trader or legal entity under public law, Wetzlar/Limburg is deemed the agreed place of jurisdiction for both parties for all disputes arising from these T&C’s and contracts, of which they are an integral part.