General Terms and Conditions of Manfred Huck GmbH for online ordering

General Terms and Conditions of Manfred Huck GmbH Netz- und Seilfabrik for Orders via Internet

  1.             Scope of Terms, Customers

1.1         These General Terms and Conditions (hereinafter “GTC”) apply – unless otherwise expressly specified in writing – to all orders and purchases made from this Website (www.huck.net) and all contracts concluded in connection herewith between Manfred Huck GmbH Netz- und Seilfabrik, Asslarer Weg 13-15, 35614 Asslar-Berghausen, Germany (hereinafter “HUCK”) and its customers (hereinafter “Customer” or “Customers”).

1.2         The term “Customer” within the scope of these GTC shall refer to “Consumers”, “Entrepreneurs” and governmental entities, or special governmental estate within the meaning of Section 310 paragraph 1 German Civil Code. Consumer shall mean every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (Section 13 German Civil Code). Entrepreneur shall mean any natural or legal person, or legal entity or partnership capable which, when concluding a legal transaction, acts within the scope of its business or self-employed profession (Section 14 of the German Civil Code).

1.3         The Customer guarantees that the information provided by him in connection with an order or price request is accurate and complete. If the Customer is a Consumer, he warrants that he has the full and unlimited legal capacity to enter into a contract with HUCK, and is of full age. HUCK will not sell products to minors or person with limited legal capacity.

1.4         The current version of these GTC shall apply exclusively and to any future contract with an Entrepreneur without HUCK having to refer to these GTC again. Differing or contradictory or supplementary terms and conditions of an Entrepreneur (hereinafter “Third Party Terms“) shall not apply unless HUCK has expressly agreed to such Third Party Terms in writing. These GTC shall also apply even if HUCK provides its services and does not expressly object to or reject such Third Party Terms.

  1.             Conclusion of a Contract

2.1         Any presentation of the products on this website does not constitute a legally binding offer by HUCK, but only an invitation to the Customer to submit an offer or to place an order or request for an offer. Depending on the respective product, the Customer has the option to submit an order (online-order - see paragraph 2.3 of the GTC) or to request an offer from HUCK (price request - see paragraph 2.4 of the GTC). For this reason, a contract between HUCK and the Customer does not come into existence if the Customer submits on offer/order or a request for offer to HUCK.

2.2         The Customer can select products within the online-shop. Each product-representation includes a button with the description “Add to cart” or “Request price”. By clicking on the button the selected product is transferred to the shopping cart. Any order or request-process is only concluded if the Customer has filled out all required fields and clicked on the button “Place order” or “Send inquiry”. Until this point, the Customer can cancel or change the order-/request-process (e.g. add or reduce number of articles, change information, etc.).

2.3         Online-Order (Purchase-Offer)

If the Customer selects an article and finishes the order-process by clicking on the "Add to shopping cart" button, the contract is concluded as follows:

The Customer places a binding offer by completing the online-order-process including the choice of the payment method and clicking on the "Place order” button. If HUCK accepts the offer, the Customer will receive an order confirmation via e-mail. The purchase contract is only formed if the Customer receives this confirmation e-mail from HUCK.

HUCK reserves the right in each individual case to reject any purchase offer or to refuse to conclude any purchase contract with a Customer for good cause.

2.4         Price Request

If the Customer selects a product and finishes the order-process by clicking on the "Send inquiry" button, the contract is concluded as follows:

If the Customer completes an order-process by clicking the “Send inquiry” button, the Customer will receive an offer for the respective product from HUCK. A purchase contract for the product is only concluded when the Customer accepts the offer made by HUCK. HUCK hereby advises the Customer that such offer will subject to HUCK’s General Conditions of Sale and Delivery, which may deviate from these GTC, and that the GTC shall not apply in this case. HUCK will provide the Customer with its General Conditions of Sale and Delivery together with the offer.

HUCK reserves the right in each individual case to reject to make an offer for a purchase contract to the Customer for good cause.

2.5         HUCK basically delivers purchased products only within Germany. If a Customer indicates a delivery address outside Germany, the respective order or price request will be deemed to be a request for an offer from HUCK. If the requested delivery address is located in a country where HUCK maintains a subsidiary or has a distribution partner, HUCK will send such inquiry to the respective subsidiary or distribution partner. Such subsidiary or distribution partner will then provide an offer to the Customer based upon its customary terms, conditions and local price list.

  1.             Contract Language, Storage of the Contract Text

3.1         The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for the Customer's information only. In the event of contradictions between the German text and the translation, the German text shall take precedence.

3.2         The Customer will receive the contractual provisions together with information on the products ordered including these GTC via e-mail. HUCK does not store the contractual provisions.

  1.             Price, Packaging, Delivery Times, Terms of Delivery

4.1         For online-orders pursuant to paragraph 2.3 of the GTC, the prices shown on HUCK’s website shall apply. For orders based on an offer by HUCK the price set forth in such offer shall apply.

4.2         The prices are inclusive of packaging and the respective statutory VAT, but exclusive any delivery and shipping costs.

4.3         Bulky goods are delivered direct ex works. Bulky goods are products that cannot be sent by post due to their size or weight. The respective products are labelled accordingly in the product descriptions on the website. The Customers will receive together with the declaration of acceptance / order confirmation detailed information on the total costs, including delivery and shipping costs.

4.4         The delivery time for products that are not bulky goods, within the meaning of paragraph 4.3 of the GTC, is up to 10 business days.

4.5         Any delivery periods requested by the Customer do not constitute a deadline, even if HUCK does not object such delivery periods. The Customer cannot derive any claims for compensation from the exceeding of such requested delivery period.

4.6         Events of force majeure, including strikes at HUCK or its suppliers, release HUCK from its delivery obligations for the duration of the hindrance and a reasonable time thereafter. HUCK will inform the Customer about such hindrances.

4.7         For deliveries to Germany HUCK charges the following delivery and shipping costs:

  •       Orders with an invoice value of more than € 297.50 (€ 250.00 without VAT) are delivered free of any delivery and shipping costs, excluding bulky goods within the meaning of paragraph 4.3 of the GTC.
  •       For orders with an invoice value of € 29.75 (€ 25.00 without VAT) up to € 297.50 (€ 250.00 without VAT) HUCK charges delivery and shipping costs of € 8.93 (€ 7.50 without VAT) per package.
  •       For orders with an invoice value below € 29.75 (€ 25.00 without VAT) HUCK charges delivery and shipping costs of € 14.88 (€ 12.50 without VAT) per package.
  •       For any cash-on-delivery shipments, paragraph 7.3 of the GTC shall apply.
  •       For deliveries to islands in Germany HUCK charges a surcharge of € 20.83 (€ 17.50 without VAT) per parcel in addition to the aforesaid delivery and shipping costs.

HUCK will inform the Customer about the costs for deliveries outside Germany at request or in the respective offer.

  1.             Retention of Title

All delivered products will remain the property of HUCK until the Customer has paid all amounts to HUCK in full under any contract. If a product is resold by the Customer prior to HUCK receiving the payment in full, the Customer herby assigns all claims arising from such resale in the amount of the invoice amount to be paid to HUCK and HUCK accepts this assignment.

  1.             Right of Withdrawal, Non-Existence of the Right of Withdrawal for Products that are not prefabricated

Revocation Instruction

If the Customer is a Consumer, he has the right to withdraw from any contract within fourteen days.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen (14) days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the final delivered Product making up your order.

To exercise your right of withdrawal you must inform us,

Manfred Huck GmbH Netz- und Seilfabrik

Asslarer Weg 13-15

35614 Asslar-Berghausen,

Germany

Phone:   +49 (0) 64 43 / 63-0

Fax:       +49 (0) 64 43 / 63 29

E-Mail:   sales@huck.net,

by submitting a clear declaration (e.g. a letter sent by post, a fax or an e-mail) stating your decision to withdraw from the contract of sale. You can use the sample withdrawal form attached to these GTC, however, this is not mandatory.

Consequences of the Withdrawal

If you withdraw this purchase contract, we will reimburse all payments we received from you, including delivery charges (with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available) immediately and no later than fourteen (14) days from the day we have your withdrawal of this agreement. For this repayment we shall use the same payment method that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned products, or until you have submitted proof that you have returned the products, whichever comes earlier.

You must send back or submit the products immediately after, but in any event no later than fourteen (14) days from the date on which you inform us about the withdrawal from the contract of sale. This deadline shall be deemed met if you send the products before this deadline expires. You have to bear all direct costs of the return of the products. With products, which dues to their structure cannot be send via regular mail these costs amount to 100, - Euro.

You only have to pay for any diminished value of products only if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the products.

Non-Existence of the Withdrawal Right

The Right of Withdrawal does not exist for contracts regarding the delivery of products that are made to your own specifications or which are clearly tailored to your personal needs (Customised Products).

Sample Withdrawal Form

(If you want to withdraw this contract, then please complete this form and return it to:

– Manfred Huck GmbH Netz- und Seilfabrik, Asslarer Weg 13-15, 35614 Asslar-Berghausen, Telefax: +49 (0) 64 43 / 63 29, E-Mail: sales@huck.net.

I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods:

_____________________________________________________________

Ordered on*/received on*:

______________________________________________________________

Name of consumer(s) and order number:

______________________________________________________________

Address of consumer(s):

______________________________________________________________

Date/Signature of consumer(s) (only if this form is notified on paper)

______________________________________________________________

(*) Delete as appropriate.

– End of the withdrawal instruction –

  1.             Methods of Payment

There are three ways to pay for the effectively ordered products:

7.1         Payment by credit card or debit transfer: The invoice amount is charged once a Customer’s offer is accepted by HUCK (see paragraph 2.3 of the GTC) or the Customer accepts an offer from HUCK (see paragraph 2.4 of the GTC) and the payment will be processed by PayPal, the specialist service provider for payments procedures 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 based on a separate contract between PayPal and the Customer, which comes about on the PayPal website or already existed before this purchase (PayPal account).

7.2         Payment in advance: Upon confirmation that the order has been received, the Customer receives an invoice. The invoice amount is to be transferred to the bank account set forth in the invoice, and the Customer shall mention the order number (confirmation e-mail), when transmitting the amounts. Once payment has been received, the order will be processed immediately and shipped by HUCK.

7.3         Cash on Delivery (“C.O.D.”): In case of a C.O.D shipment, the Customer pays the invoice amount in cash. For C.O.D. an additional fee of € 7.50 (€ 8.93 including VAT) is incurred. C.O.D. deliveries are only available standard products. In the case of custom-made products or bulky goods, payment can only be made in advance or by credit card.

  1.             Warranty, Reference to Manufacturer's Testing Regulations for Networks

8.1         The quality of the products shall be determined by the technical and content product-descriptions displayed on HUCK’s website at the time of the conclusion of the contract.

8.2         If the Customer is an entrepreneur within the meaning of § 14 German Civil Code, the inspection and complaint obligations regulated in § 377 HGB (German Commercial Code) shall apply to the Customer. In addition, notifications of defects relating to obvious defects are excluded if they are not made by the Customer within a period of ten days from receipt of the respective product. The period of ten days shall be calculated on the basis of the date on which HUCK receives the notice of defect. In all other respects, the statutory warranty provisions shall apply.

8.3         Nets manufactured by HUCK are textile products which characteristics are affected by UV irradiation. Therefore all nets come with a UV stabilizer, which is, however, only an additional protection. Any warranty only relates to the warranted characteristics when the product is new, which naturally includes the standard addition of UV stabilizers. For this reason, it is essential that the Customer strictly observes the manufacturer’s inspection requirements (test mesh) for personal safety nets.

  1.             Liability of HUCK

9.1         HUCK shall be liable without limitation for damages caused by HUCK, its legal representatives or vicarious agents,

  •       if the damage was caused intentionally or through gross negligence,
  •       in the event of injury to life, limb or health,
  •       in the case of guarantee promises, if agreed, or
  •       insofar as the scope of application of the Product Liability Act has been opened up.

9.2         For damage which results from the breach of substantial contractual obligations, on which the Customer regularly relies, HUCK’s liability shall be limited to the foreseeable damage typical for the type of contract.

9.3         Otherwise claims for damages are excluded.

     10.             Data protection

HUCK collects stores and processes data about orders and Customers in accordance with HUCK's private policy.
     11.            Settlement of Disputes

The European Commission provides a platform for online dispute resolution (OS), which can be found here: http://ec.europa.eu/consumers/odr.  HUCK is not prepared and obliged to participate in this dispute resolution procedure before a dispute resolution body.

     12.           Place of Performance, Applicable Law, Place of Jurisdiction

12.1     Place of performance and payment shall be Asslar-Berghausen, Germany.

12.2     All legal and all business relationships between HUCK and the Customer shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods.

12.3     If the Customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), a public legal entity or a special fund under public law, the courts responsible for Asslar-Berghausen, Germany, shall have exclusive jurisdiction - including international jurisdiction - for all disputes arising from or in connection with these GTC or any contracts of which these GTC are an integral part. However, HUCK shall also be entitled to bring an action at the Customer's principal place of business.

Version: February 7, 2019