General Terms And Conditions

1. Validity of the conditions
2. Conclusion of contract
3. Prices, shipping costs and trade-ins
4. Terms of payment
5. Terms of delivery, transfer of risk
6. Reservation of self-delivery
7. Checking the delivery, complaints, defects
8. Retention of title
9. Warranty for material defects, liability for damage
10. Withdrawal from the contract
11. Final provisions

II. Additional information on distance selling
1. Technical steps for concluding a contract
2. Contract text storage/printout
3. Possibility of correction
4. Code of Conduct
5. Information on the existence of a legal right to liability for defects
6. Information on online dispute resolution in accordance with Article 14 of EU Regulation No. 524/201
7. Alternative Dispute Resolution

1. Validity of the conditions

1.1 All distance selling contracts between you and Heiz24, Inhaber Matthias Falkenberg e.K., Thesdorfer Weg 112, 25421 Pinneberg, are based on these General Terms and Conditions in the version valid at the time of the order. The purchasing conditions used by you when ordering are now contradicted, unless we agree otherwise with you.

1.2 Our offer is aimed at adults, i.e. consumers and entrepreneurs who have reached the age of 18.

1.3 A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity with whom we enter into a business relationship and who act in the exercise of a commercial or independent professional activity.

2. Conclusion of contract

2.1 Our offers provided for distance selling do not constitute a binding offer, but rather a non-binding invitation to you to order goods from us via online order, telephone or fax. When ordering online, you place a binding order for the items that you have previously placed in your shopping cart by clicking the “order for a fee” button. Once we have received your order, we will immediately confirm it with an email or fax listing the details of the order and containing the contract information/Terms and Conditions (order confirmation). This order confirmation does not constitute acceptance of your online offer.

2.2 A purchase contract, i.e. the binding acceptance of the order with you, is only concluded with the express acceptance of the order in text form (shipping confirmation by letter, fax or e-mail) or delivery of the goods(s) to you. In this respect, we are entitled to accept your contract offer within 5 working days (Monday - Friday) after receipt of the order. If we do not accept your contract offer and you have already made payment, we will of course refund you.

2.3 The contract is concluded in German with the company:

Heiz24
Inhaber Matthias Falkenberg e.K.
Thesdorfer Weg 112,
25421 Pinneberg

2.4. Since the conclusion of the contract and further order processing with you takes place via email (e.g. order confirmation), you are obliged to ensure that the email address you provided for order processing is activated so that emails sent to you for order processing are also activated approach. In particular, when using spam filters, you must ensure that the order confirmation, as well as all other emails sent to you with the order processing, can be delivered to you. When processing the order, we may pass on your email address to the shipping company for the purpose of delivery notification.

3. Prices, shipping costs and trade-ins

3.1 We deliver free shipping to Germany from a gross goods value of 30 euros up to 30 kg (except items with the shipping class bulky goods).

3.2 All prices mentioned are total prices in euros (EUR) and include the statutory VAT applicable in Germany. There are no packaging costs. You can find the shipping costs in the respective product display under Shipping or under the extra switch/button "Delivery, shipping, payment".

3.3 For cross-border deliveries outside the European community (e.g. to Switzerland), additional costs may arise - depending on the legal regulations applicable there - such as additional taxes and/or duties, for example in the form of customs duties. These costs are not additional shipping costs and must therefore be borne by you. If necessary, please contact the relevant customs authorities in your country before placing an international order.

3.4 If delivery to the address you provided is not possible, e.g. because the address information was incorrect, we may charge you the costs for unsuccessful shipping. This does not apply in cases in which you are not responsible for the impossibility of delivery, but were only temporarily prevented from accepting it.

3.5 If you have purchased a new item from us and send us your defective item of the same type at our expense, you will receive 20.00 euros as a trade-in immediately upon receipt of the item and after the cancellation period for the purchased new item has expired credited to your bank account if this option is offered in the article. With the credit, ownership of your old item is transferred to us. Please provide us with your bank details in good time. If you exercise your right of withdrawal after your purchase, we will send you the defective item back free of charge.

4. Terms of payment
- Amazon Pay
- Payment in advance
- Purchase on account via Ratepay
- PayPal Checkout
- Invoice from 100.- only for companies - Cash payment upon collection

- Credit card via Novalnet / Paypal

Unless we have agreed otherwise with you, the purchase price must be paid in advance after conclusion of the contract.

5. Terms of delivery, transfer of risk

5.1 Delivery is made to the delivery countries specified by us to the delivery address specified by you with a transport company of our choice. Partial deliveries with different delivery times for the ordered products can be agreed. Delivery times and delivery conditions as well as restrictions are based on the information we provide in the product descriptions and/or the page Delivery, Shipping, Payment.

5.2 If you are a consumer, we bear the shipping risk in any case, regardless of the shipping method. If you are an entrepreneur, all risks and dangers of shipping pass to you as soon as the goods have been handed over by us to the contracted transport company.

5.3 If the ordered goods are not available, we reserve the right not to deliver. In this case, we will inform you immediately and immediately refund any consideration already received. If there are any delays in delivery, we will inform you immediately by telephone or email.

6. Reservation of self-delivery

We reserve the right not to deliver the goods in the event of unavailability or, if this is reasonable for you with appropriate justification, to deliver them only partially (reservation of self-delivery). In both cases, we will inform you immediately that the goods you ordered are not available and that any consideration you have already paid will be refunded immediately. However, the reservation of self-delivery only applies if we have concluded a specific cover transaction in a timely manner and are not responsible for the lack of availability or if we ourselves were let down by our upstream supplier through no fault of our own. Further legal claims on your part remain unaffected.

7. Checking the delivery, complaints, defects

7.1 An outgoing goods inspection is always carried out before the goods are delivered. However, in your own interest, we recommend that you check the delivered goods upon receipt. If you notice any damage or incorrect deliveries, please contact us as soon as possible so that we can coordinate further action with you.

7.2 If you notice any packaging and/or transport damage upon delivery, we ask you to have this confirmed by the transporter, if possible in text form, upon handover and to notify us. We will then vote the next steps with you. We recommend that you keep the damaged packaging for evidence if possible. This appliese current Heiz24 Transport damage regulation Heiz24 to be observed, as we are at Non-compliance cannot provide a free replacement.

7.3 If you do not comply with the aforementioned regulations in paragraphs (1) and (2), this will have no effect on your liability rights for defects.

7.4 If there is a commercial transaction for the contracting parties within the meaning of Section 343 of the German Commercial Code (HGB), the commercial obligation to give notice of defects in accordance with Section 377 of the German Commercial Code (HGB) applies.

8. Retention of title

8.1 The goods remain our property until you have paid for them in full.

8.2 In commercial business transactions, the retention of title also applies in the event of installation and/or processing as well as the resale of the delivered goods by you (extended retention of title) with the following provisions:

8.2.1 You are entitled to resell the delivered goods in the ordinary course of business; However, upon conclusion of the contract, you assign to us all claims in the amount of the final invoice amount (including VAT) of the claim that arise from the resale against your customers or third parties, regardless of whether the goods are resold without or after processing has been. You remain authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as you meet your payment obligations from the proceeds collected, do not default on payments and, in particular, no application has been filed against you to open insolvency proceedings or payments have been suspended. If the latter is the case, we can demand that you inform us of the assigned claims and their debtors, provide all the information required for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.

8.2.2 The processing or transformation of the delivered goods by you is always carried out for us, without committing ourselves. If the goods are processed with other items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the delivered goods (final invoice amount, including VAT) to the other processed items at the time of processing. The same applies to the item resulting from processing as to the goods delivered under reservation.

8.2.3 If the delivered goods are inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other mixed items Time of mixing. If the mixing takes place in such a way that your item is to be viewed as the main item, it is agreed that we will become co-owners on a pro rata basis. You will keep the resulting sole ownership or co-ownership for us at your own expense.

9. Liability for defects (warranty), liability

Attention: Our items for sale are of different ages, some used, some in new condition and some show signs of wear. Although some of the items are in their original packaging, we treat them as used items due to the longer storage period, i.e. all items that are not expressly designated as new are considered used goods.

9.1 The statutory liability law for defects and the statutory liability law apply with the following provisions:

9.2 There is a statutory right to liability for defects for all of our goods. The legal regulations apply to liability and warranty. The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any guarantees do not limit the statutory warranty claims.

9.3 When repairing (work contract) a delivered used device/customer device, the period of liability for claims for defects against consumers is 24 months after receipt of the device. If the buyer is an entrepreneur, the period of liability for claims for defects is 12 months.

9.4. The statutory limitation periods for asserting claims for liability for defects remain unaffected in any case.

9.5 Claims due to defects that we have fraudulently concealed and claims arising from a guarantee that we have assumed that the item will retain a certain quality for a certain period of time (durability guarantee) remain excluded from the above regulation. Also excluded are claims due to damage,caused by us, our legal representatives or vicarious agents resulting in injury to life, body or health. Also excluded are claims for damages in the event of intentional or grossly negligent breach of duty as well as in the event of fraud and breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a contractual partner can regularly rely (cardinal obligations). Finally, the exclusion does not apply if the Product Liability Act is applicable.

Attention: We expressly point out that work on gas systems may only be carried out by trained and approved specialist personnel. The assembly of electrical devices may only be carried out by a similarly trained specialist who is familiar with the associated regulations (VDE) and dangers.

10. Withdrawal from the contract

10.1 We are entitled to withdraw from the contract with regard to any part of the delivery or service that is still outstanding if you have provided false information about your creditworthiness or if objective reasons have arisen regarding your solvency or if insolvency proceedings have been opened against your assets or the It becomes known that such proceedings will be dismissed due to insufficient assets to cover the costs. Before withdrawing, you will be given the opportunity to make an advance payment or provide suitable security.

10.2 Without prejudice to any claims for damages, in the event of partial withdrawal, partial services already provided must be invoiced in accordance with the contract and paid for by you.

10.3 Repayments after a successful cancellation will be made by us in the same way as they reached us. The only exception is credit card payment, where we need your bank details for repayment for technical reasons.

11. Final provisions

11.1 If the aforementioned provisions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract remains effective.

11.2 The law of the Federal Republic of Germany applies to the contractual relationship between us and you and to the respective terms and conditions. The UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law clause does not apply to consumers if they have their usual place of residence in another country in our delivery area and are subject to different mandatory consumer protection regulations there.

11.3. If you are a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law, the exclusive place of jurisdiction is the court at our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

II. Supplementary consumer information

As an online retailer, we are subject to a whole range of information obligations towards consumers. If we do not already fulfill these information obligations directly on the respective websites of our offers, additions are listed below.

1. Technical steps for concluding a contract

Once you have found the product you want, you can place it and, if necessary, the order quantity in the shopping cart without obligation by clicking on the button"Add to shopping cart". You can view the contents of the shopping cart at any time without obligation by clicking on the“Shopping cart”button. You can remove the products from the shopping cart by clicking on the "Delete" checkbox. If you want to order the products in your shopping cart, click the "Checkout" button. Please then enter your personal details. The mandatory information is marked with a (*). A registration is offered, but is not required. On the next page, select the shipping method or self-collection and a payment method, if necessary, provide us with individual messages and then click on "Continue". You will then see an order overview where you can check and change all data and entries again. Then tick the box above the product features on the same page to accept the terms and conditions and confirm the instructions on the right of withdrawal. By clicking on the "order for a fee" button you complete the ordering process. The process can be canceled at any time by closing the browser window.

2. Contract text storage/printout

Order daten and contract text are stored electronically by us. You can then view past orders in our customer login area. If you have not created a customer account with us, we will be happy to send you saved data upon request. Using your browser's print function, you also have the option of printing out order data and contract text when the contract is concluded. You can also save this by right-clicking and saving the website on your computer.

3. Possibility of correction

You have the option of correcting input errors that occurred while filling out the order in a summary before finally submitting your order using appropriate commands using the keyboard or mouse click. All entries can also be corrected using the back button in your browser before placing the order.

4. Code of Conduct

We have not subjected ourselves to any code of conduct (set of rules) for our industry.

5. Information on the existence of a legal right to liability for defects

Liability for defects is based on Section 9.1 of our General Terms and Conditions (see I. above).

6. Information on online dispute resolution in accordance with Article 14 of EU Regulation No. 524/2013

The EU Commission provides a platform for the online resolution of consumer disputes,
resulting from the online sale of goods or the online provision of services to consumers (OS platform).
The OS platform can be accessed at the following link: https://webgate.ec.europa.eu/odr

7. Alternative dispute resolution

We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.

© HZ (0324) DEU

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