"Decisive for the contract are our German GTC, a translation into another language is only for reading a translation."
1. Validity of the terms and conditions
1.1 All contracts within the framework of distance selling are made between Heiz24.de, Owner Matthias Falkenberg e.K., Thesdorfer Weg 112, 25421 Pinneberg, and the consumer (§ 13 BGB) 1.2 are based on the general terms and conditions expressed in the terms and conditions which were valid at the time of the contractual agreement. The terms and conditions are hereby expressly contradicted in advance if they deviate from the present contract terms and conditions.
1.2. Our offers are directed towards consumers, who are of legal age (18), and entrepeneurs.
1.3. According to the terms and conditions of business consumers are natural persons with whom a business relationship can be maintained without considering the business relationship to be commercial activity or self-employment. Within the framework of the terms and conditions of business entrepeneurs are natural or legal persons or partnerships with a legal capacity with whom a business relationship can be maintained, be it a commercial activity or self-employment.
2. Finalization of Contract (Signing)
2.1 The presentation of our products for distance selling is not a legally binding offer, but a request to you to order goods from us online, via telephone or fax. When ordering online, enter by clicking the "BUY" to secure a binding order for the items you have previously placed in the cart.
After receiving your order, we will immediately confirm it by e-mail or fax and list the details of the order and the contractual information / Terms and Conditions are included (order confirmation). This confirmation does not constitute an acceptance of your online order.
2.2. A purchase agreement (contract), i.e. the binding acceptance of your order, will not be concluded until the explicit acceptance of the order in writing (shipping confirmation by letter, fax or e-mail), or delivery of the product (s) to you. We are thus entitled to accept your contract offer within 2 days of receiving your order. If we do not accept your offer of a contract and you have already made ??payment, we will, of course, refund your payment.
2.3 The contract will be concluded in the German language with:
Heiz24 - Owner: Matthias Falkenberg - Thesdorfer Weg 112 - 25421 Pinnberg - Germany
3. Prices and Shipping Costs
3.1 The minimum order value is 10.- Euro.
3.2 All prices mentioned are final retail prices in Euro (EUR) and are shown inclusive of VAT valid in Germany. There are no discounts. Packaging costs are not incurred. The cost of shipping can be found in the relevant product description under the heading 'Shipping' or extra button "Return" respectively.
3.3 By payment on delivery (only possible in Germany), there is an additional charge of EUR 2.00 due to the delivery person. Moreover, Heiz24 will charge an additional 4,00 EUR shipping costs for the delivery.
3.4 In case of cross-border shipments outside the European Community (as in Switzerland) - depending on local legal requirements - further costs might be incurred such as additional taxes and / or charges in the form of tariffs. These costs are not additional shipping charges. Therefore, they are additional costs the buyer will have to bear. If necessary, contact the customs office in your country prior to ordering from abroad.
4. Terms of payment
The following payment options are possible:
· Bank transfer
· Cash on delivery
· Payment services (Credit Card, Pay Pal, and currently Sofortüberweisung)
In case we have not otherwise agreed, the purchase price after the confirmation of the contract is to be paid in advance.
5. Delivery conditions, the transfer of risk
5.1 Delivery will be carried out in the specified delivery countries to the designated delivery address with a shipping company of our choice. Delivery lead times are based on our estimates in the product and / or the shipping instructions. Unless we state a specific delivery time, the goods will be available for shipping from our depot no later than 3 business days of payment receipt - while supplies last . Partial deliveries for different delivery dates of the ordered products can be agreed.
5.2 If you are a consumer, we carry the shipping risk regardless of the shipment mode. If you are an entrepreneur, you carry all the risks and dangers of the shipment as soon as we have handed over the goods to the contracted delivery company.
6. Subject to self-supply
We reserve the right to not to deliver the goods in full or part depending on their availability in so far as this is reasonable for you (subject to the self-supply).
In both cases we will immediately inform you that the ordered goods are unavailable, and in case a payment has already been made, it will be refunded immediately.
The subject of self-supply is only valid if we have effected a specific covering transaction. Besides that we are not responsible the lack of availability or our suppliers inability to deliver the ordered goods. Further legal claims from you remain unaffected. All rights to continued legal claims remain reserved.
7. Review of delivery, complaints, defects
7.1 Prior to delivery a thorough inspection of all goods is carried out. However, in your own interest we recommend that you check the goods on receipt. If you find any damage or shortages, please contact us as soon as possible so that we can coordinate the next steps with you.
7.2 If at the time of delivery you notice any packaging and / or transport damage, we ask you to have the damage confirmed in writing by the carrier and to notify us as soon as possible. We will then coordinate the next steps with you. We suggest you keep the damaged packaging as possible evidence.
7.3 If you do not fulfill the foregoing provisions of sections (1) and (2), the rights you are entitled to in the warranty will not be effected.
7.4 If the commercial business transaction lies within the meaning of § 343 HGB, the commercial reprimand in accordance with § 377 is valid.
8. Retention of title
8.1 Until full payment of the merchandise, the goods remain our property.
8.2 In corporate business transactions, the retention of title also applies to the case of the installation and / or the processing and resale of the goods supplied by you (extended reservation of title), provided that:
8.2.1 You have the right to sell the goods in the ordinary course of business. However, you assign to us all claims in the amount of invoice (including VAT) of the claim that you receive by resale to your customers or third parties, regardless of whether the goods were resold with or without processing.
Even after the assignment you are authorized to collect the debt. Our authority to collect the claim ourselves remains unaffected. We shall, however, not collect the claim as long as you fulfill your payment
obligations from the collected proceeds, are not in default or a petition against you is set to open insolvency proceedings or payments. If the latter is the case, we may request that you give us the assigned claims and name the debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment report.
8.2.2 The processing or transformation of the goods supplied by you is always in our name, without any obligation in itself. If the goods are processed with other items not belonging to us, we shall 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 conditions apply to the goods processed by you as well as for the goods delivered under reservation.
8.2.3 If the delivered goods inseparably intermixed with other goods not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods (final invoice amount including VAT) to the other processed items at the time of mixing . If the mixture is in such a way that your cause is regarded as the main component, it is understood that we are co-owners in proportion. You shall safeguard the resulting sole ownership or co-ownership at your own expense.
9. Guarantee for property damage, liability for damages
Note: All the items we offer for sale are of various ages, some of them are used, new or have slight signs of usage. The items are partly in the original
packaging, but, due to the longer shelf life, we treat them as used items, i. e. all our devices are considered to be used products.
9.1 The statutory warranty for material defects shall apply under the following conditions: The warranty period for new items sold to consumers is 2 years. For used items the warranty period is limited to 1 year. For legal persons under public law, public-law special funds or entrepreneurs the warranty is limited to a period of 14 days. Independent warranties do not limit your statutory warranty claims. Claims for damages remain unaffected by this provision.
9.2. If we are liable according to the legal requirements for any injury caused by slight negligence, we are only liable for the breach of contractual obligations, which the contract of sale imposes on us as a seller according to its content and purpose, or which make the proper implementation possible in the first place. Our compliance with these conditions can be considered to be a question of trust, now and in the future. This liability is limited to the foreseeable damage typical of such contracts. Irrespective of any fault on our part, our potential liability for fraudulent concealment of a defect resulting from the assumption of a guarantee or procurement risk in accordance with the Product Liability Act remains unaffected.
9.3 Any limitation of liability under this section shall not apply to injury to life, limb, health or in cases of gross negligence.
Note: We expressly state that work on gas installations may only be carried out by specially trained and authorized personnel. The installation of electrical equipment may only be performed by well-trained professionals who are familiar with the dangers involved and the VDE regulations.
10. Return costs when exercising the right of withdrawal
As a consumer you have the right of withdrawal in accordance with § 312, sentence 1, BGB. If you exercise this right, you bear the cost of returning the goods if the delivered goods correspond to the goods you ordered and if the price of the goods being returned does not exceed an amount of € 40, or if you have provided no compensation or a contractually agreed partial payment at a higher price of the merchandise at the time of revocation. Otherwise, the return is free of charge.
11. Withdrawal from the contract
11.1. We are entitled to withdraw from the contract even with regard to the remaining part of a delivery or service if the following cases are encountered:
· if you have made false statements concerning your creditworthiness.
· if for some objective reason you are unable to pay for the goods.
· if insolvency proceedings have been opened.
· if insolvency proceedings are dismissed due to lack of cost-covering assets.
You will be given the opportunity to make an advanced payment or to present a suitable security prior to withdrawal.
11.2 Without prejudice to any claims for damages in case of a partial withdrawal, partial services which have already been performed should be settled according to the contractual agreement and paid for by you.
12. Final provisions
12.1 If the aforementioned provisions have not become wholly or partially part of the contract or have become invalid, the balance of the contract will remain valid.
12.2 The contractual agreement between you and this company as well as the respective terms and conditions are subject to the laws of the Federal Republic of Germany. The CISG is excluded. The choice-of-law clause does not apply to consumers insofar as they have their regular residency in another country in our delivery area and they have different mandatory consumer protections regulations there.
12.3 If you are a businessman as defined by the German commercial code or a public corporation , the court of our head office is the exclusive place of jurisdiction.
1. Technical steps for the conclusion of the contract
Once you have found the desired product, you can transfer this product and, if necessary, the exact quantity you desire into your shopping cart without any obligation by clicking the "add to cart" button. You can check the contents of your shopping cart at any time you want to by clicking the "add to cart" button without any obligation. If necessary, you can remove any product you do not want by clicking on the "Delete" box. If you really want to purchase the products in your shopping cart, click the "checkout" button. Please enter your personal data; the mandatory information is marked with an asterisk (*). You can register yourself, but it is not required. Then please select the type of shipment or pickup and the method of payment you prefer on the next page. If necessary, you can send an individual message to us. Then press the 'Next' button. Next you will see a summary of the items in your order. Once again please check all the data and make any necessary changes. Then place a check mark on the same side above the product features to accept the terms and conditions and to confirm the information concerning the right to withdrawal. By clicking the "payment order" button, you complete the ordering process. The process can be stopped at any time by closing the browser window.
2. Contract text storage/ print-out
We store the ordering information and contract text electronically .You can always view past orders in our customer login area. If you have not created a customer account with us, we will gladly send you the stored data on request. If you use the print function of your browser, you also have the ability to print out the order and contract details when you complete your order. You can also store these documents by clicking on the right mouse button on your computer.
3. Correction possibility
You also have the possibility of correcting errors that have been made inadvertently while filling out the order form. Before sending off your final order, make any necessary changes by using the corresponding commands or mouse buttons. All entries can be corrected before the order by using the 'back'button of your browser.
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