General Terms and Conditions of Manfred Huck GmbH for online ordering
General Terms and Conditions of Business of Manfred Huck GmbH
for online orders
Valid as of 01.02.2015
1.1. These General Terms and Conditions of Business (hereinafter: T&Cs) govern the contractual relationship between:
Manfred Huck GmbH
represented by Managing Director Stefan Huck
Asslarer Weg 13-15
and the customer for such contracts that are concluded via the internet on Huck’s website under the address www.huck.net (hereinafter: Website).
1.1. By registering on the Website, each customer is stating that his login data is correct and complete and is asserting that he is of legal age. Huck does not accept contracting partners who are not of legal age.
1.2. Huck makes its offer available to all customers on the basis of these T&Cs. By registering or placing an order, the customer is stating that he agrees with the validity of these T&Cs.
1.3. Huck shall not be bound by customer terms and conditions that deviate from these even if Huck does not expressly object to them.
2. Conclusion of the contract
2.1. For the formation of contracts via the Website, there is a distinction between the following options for placing an order:
a request for the submission of a quotation (2.2.)
or an instant online purchase (2.3.).
2.2. Request for the submission of a quotation
If the Website only gives the customer the opportunity to receive a written quotation from Huck for the goods he has selected, the contract intended for this purpose is not formed when the customer makes the request, but when the customer accepts the quotation sent by Huck in response to the customer’s request. In this particular case, these T&Cs do not apply. In such cases, Huck’s General Terms and Conditions of Sale and Delivery shall apply, which may differ from these T&Cs.
2.3. Instant purchase
If a customer makes use of the option on the Website to make an instant online purchase for some of the goods shown on it, the contract intended for this purpose is formed as follows:
The customer places an online order, including the designated payment transaction. The contract is formed when the customer receives the order confirmation e-mailed by Huck. In this case these T&Cs shall apply.
Huck reserves the right to refuse to conclude a contract for good cause in individual cases.
2.4. By registering, the customer acknowledges that as the owner of the login data he is fully responsible for all the activities undertaken using his login data. If the customer has given someone else permission to use his login data, he acknowledges that he is fully responsible for this user’s actions and the consequences of any misuse. The customer undertakes to inform Huck in writing immediately of any improper use of his login data and is liable to Huck for the activities of other users who place orders on the Website using his login data. The requirement for the written form is in this respect fulfilled by e-mail.
2.5. In principle, online orders from abroad are not currently possible. International orders shall be treated as an enquiry and responded to with a quotation. In countries with established contractual partners, the order is passed to the relevant contractual partner who then sends the customer a quotation containing his prices and terms and conditions.
3. Prices, packaging, delivery terms
3.1. For instant online purchases (2.3.), Huck’s pricelists in force at the time or the prices shown on the website apply. The type and scope of the contents are given in the online technical description and content-related description.
3.2. The prices are not binding insofar as considerable changes to raw material prices and wages can occur and consequently the basis on which they were calculated no longer applies. Prices are inclusive of packaging.
3.3. Prices include statutory value-added tax, which is currently 19%.
3.4. Orders with an invoice value of € 250 excluding VAT (€ 297.50 including VAT) are delivered free of charge. Bulky goods are not delivered free of charge. Up to an invoice value of € 25 excluding VAT (€ 29.75 incl. VAT), shipping costs of € 11.50 excluding VAT (€ 13.69 incl. VAT) are charged; for invoice amounts from € 25 excluding VAT (€ 29.75 incl. VAT) to € 250 without VAT (€ 297.50 incl. VAT) shipping costs of € 6.50 excluding VAT (€ 7.74 incl. VAT) per package are charged.
3.5. Bulky goods are delivered direct ex works. Bulky goods are goods that cannot discernibly be sent by post because of their size or weight. The items concerned are identified in the product texts. As soon as their order is received, customers receive confirmation of their order with details of the total costs, including taxes and shipping costs.
3.6. The delivery time for goods that are not bulky goods, within the meaning of clause 3.5 above, is up to 10 days.
3.7. All delivered goods shall remain the property of Huck until the customer pays in full.
If the goods are sold on before payment, the purchase price claim is deemed to be assigned to Huck. Seizures and any other interference with Huck’s right of ownership are to be reported immediately.
4.1. If a customer is a consumer as defined by Article 13 of the German Civil Code (private purchase for private purposes, i.e. not a trader), he is entitled to cancel his orders under Article 312g paragraph 1, 355 of the German Civil Code. This is excluded by law, however, if the order is for custom-made items (nets and tarpaulins per m² or per linear metre) (Article 312g paragraph 2 No.1 of the German Civil Code).
4.2. Cancellation policy
Right to cancel
The customer has the right to cancel this contract within fourteen days without giving a reason. The withdrawal period is fourteen days from the day on which the customer, or a third party appointed by him who is not a carrier, took possession of the goods. To exercise his right to cancel, the customer must send a clear declaration to:
Manfred Huck GmbH
Asslarer Weg 13-15
Telephone: + 49 (0) 64 43 / 63-0
Fax: + 49 (0) 64 43 / 63 29
(e.g. a letter sent in the post, by fax or by email) informing Huck of his decision to cancel his contract. The enclosed sample cancellation form may be used for this, but is not mandatory.
For the withdrawal period to be granted, it is sufficient for customers to send the correspondence about exercising their right to cancel before the end of the withdrawal period.
Consequences of cancellation
If the customer cancels his contract, Huck has to repay all payments received from the customer, including delivery costs (with the exception of additional costs arising from selecting another type of delivery than the most reasonable standard delivery offered by Huck), immediately and at the latest within fourteen days of the day on which Huck received the message about cancellation of this contract. For this refund, unless otherwise expressly agreed, the same payment method is used as in the original transaction; this refund will not incur any charges for the customer. Huck can refuse the refund until the goods have been received or until proof is provided that the goods have been sent back, whichever is earlier.
The customer shall meet the costs of returning the goods.
Customers must pay for any diminished value of the goods only if this diminished value can be attributed to handling other than what is necessary to ascertain the appearance, features and functionality of the goods.
Sample of a declaration of cancellation for use by customers:
If you wish to cancel the contract, then you (hereinafter the Consumer) should complete this form and return it to Huck by post, fax or email.
To: Manfred Huck GmbH, Asslarer Weg 13-15, 35614 Asslar-Berghausen
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods:
Ordered on (*)/received on (*):
Name of the Consumer:
Address of the Consumer:
Signature of the Consumer (only if being sent in paper form)
(*) Delete as appropriate
- End of the cancellation policy –
5. Payment terms and conditions
There are three options for paying for ordered goods:
5.1. Payment by credit card or debit transfer: The invoice amount is charged when the order is made and is settled via PayPal, the specialist service provider for the settlement of payments on the internet (www.paypal.de). Within the scope of the online payment transaction on PayPal’s website, the customer is required to register with PayPal or login with existing customer data (PayPal account). The transactions carried out by PayPal are performed on the basis of a separate contract between PayPal and the customer which is formed on PayPal’s website or which already existed prior to this purchase (PayPal account).
5.2. Advance payment: Upon confirmation that the order has been received, the customer is sent an invoice. The invoice amount is to be transferred to the account below, stating the order number (confirmation e-mail). Once payment has been received, the order is processed at Huck and the ordered goods are prepared for dispatch.
The bank details are:
Manfred Huck GmbH,
IBAN: DE DE DE09 5139 0000 0010 4438 06
Volksbank Wetzlar-Weilburg eG
5.3. Payment by cash on delivery (COD): When delivering COD, the customer pays the invoice amount in cash. For COD a fee of € 7.50 excluding VAT (€ 8.93 including VAT) is incurred. COD only applies to standard goods. For custom-made items, the only options are payment in advance or by credit card.
6.1. Delivery times stipulated by the customer and acceptance thereof do not constitute a delivery promise. Claims for compensation cannot be made if delivery times are not met. Acts of God or strikes at Huck or its pre-suppliers provide exemption from delivery obligations. If the above circumstances occur and delivery cannot be made, the delivery time is extended by an appropriate length.
6.2. Notice of defects concerning weight, the number of items or goods may effectively only be made within eight days of receipt of delivery if the customer is a trader within the meaning of Article 14 of the BGB. Complaints with regard to obvious defects are excluded if they are not made within eight days of receipt of the delivery. The calculation of the eight-day period is determined by the date on which Huck received the complaint.
6.3. Statutory warranty provisions apply.
6.4. Nets manufactured by Huck are textile products whose features can be damaged by UV irradiation. Therefore all nets come with a UV stabiliser, however, which is only additional protection. The warranty only relates to the features assured when the product is new, which naturally includes the standard addition of UV stabilisers. For this reason, with personal safety nets it is important that the manufacturer’s inspection requirements (test mesh) are observed.
7. Data protection
Huck stores and processes data on orders and customers if this is required for business and is allowed under data protection. Within the scope of this, Huck only uses this data for its own advertising purposes if the customer has expressly agreed to this during registration. Huck does not pass this data on to third parties unless it is required by Huck's service partners for the processing of orders. In particular this applies to the processing of credit card payments undertaken on Huck’s behalf by PayPal (www.paypal.de/). Customers are entitled at any time to free information, correction, blocking and, if applicable, deletion of the stored data. For this purpose customers can contact Huck at any time by e-mail at firstname.lastname@example.org or by post or fax. Each customer can view or change his data if he has registered on the website. To do so, he is required to log in to the website using the login data sent in the confirmation e-mail immediately after registration. Further information can be found in Huck’s data protection statement.
8. Place of performance, choice of law, place of jurisdiction, customer enquiries
8.1. The place of performance for deliveries and payments is Asslar-Berghausen.
8.2. All legal relationships between Huck and the customer are subject to German law alone and exclude the United Nations Convention on Contracts for the International Sale of Goods.
8.3. If the customer is a trader or a legal entity under public law, the place of jurisdiction of Wetzlar/Limburg is deemed to be agreed for all disputes arising out of these T&Cs and out of contracts of which they are part.
8.4. Huck undertakes to receive or provide contractual declarations and any communication in relation to the contract or the contractual performances in German and English.