1. Application of the Conditions
1.1 These General Terms and Conditions of Business as of the date of the order are based on all contracts concluded within the scope of the distance agreement between you and Heiz24.de, owner Matthias Falkenberg eK, Thesdorfer Weg 112, 25421 Pinneberg. You are already contradicted by the terms of purchase used in your order, unless we agree otherwise with you.
1.2 Our offer is aimed at adults, ie consumers and entrepreneurs, who have reached the age of 18.
1.3 Consumers are any natural person who enters into a legal transaction for purposes which can not be predominantly attributable to their commercial or self-employed activities. Entrepreneurs within the meaning of the terms of business are natural or legal persons or legal partnerships with which we enter into a business relationship and who are engaged in a commercial or independent professional activity.
2. Conclusion of contract
2.1 Our offers, which are provided for remote sales, do not represent a binding offer, but a non-binding invitation to you to order goods via online order, telephone or fax. In the case of an online order, you place a binding order for the items you have placed in the shopping basket by clicking on the button "order for a fee". After receipt of your order, this is confirmed by us immediately by e-mail or fax, in which the details of the order are listed and the contractual information / terms are included (order confirmation). This order confirmation does not constitute acceptance of your online offer.
2.2 A purchase contract, ie the binding acceptance of the order with you, comes into effect only with the express acceptance of the order in writing (shipping confirmation by letter, fax or e-mail) or delivery of the goods. Insofar we are entitled to accept your contract offer within 5 days after receipt of the order. If we do not accept your contract offer and you have already made payment, we will refund you of course.
2.3 The contract is concluded in German with the company:
Owner: Matthias Falkenberg eK,
Thesdorfer Weg 112,
2.4. Since the conclusion of the contract and the further order processing are carried out with you by e-mail (eg order confirmation), you are obliged to ensure that the e-mail address specified by you for order processing is activated . In particular, when using spam filters, you must ensure that the order confirmation as well as all other e-mails sent to you with the order processing are sent to you. In the course of order processing, we will forward your e-mail address to the shipping company for the purpose of the delivery notification.
3. Prices, shipping charges and trade-in
3.1 The minimum order value is 10.- Euro.
3.2 All prices mentioned are total prices in Euro (EUR) and inclusive of the valid VAT in Germany. Cash discount is not granted. Packaging costs do not apply. The shipping costs can be found under the respective product presentation under Shipping or under the extra switch / button " Delivery, dispatch, payment ".
3.3 In the case of cross-border deliveries outside the European Community (eg to Switzerland), additional costs, such as additional taxes and / or charges, for example in the form of customs duties, may be incurred, depending on the applicable legal provisions. These costs are not additional shipping costs, so they must be borne by you. If necessary, please inform your local customs authorities before making an appointment abroad.
3.4 If delivery is not possible at the address you specify, eg because the address was incorrect, we can charge you for the unsuccessful shipping costs. This does not apply in cases where you are not responsible for the impossibility of delivery, but have only been temporarily prevented from accepting.
3.5 If you have purchased a new product from us and send us your defective article of the same type at our expense, you will be charged 20.00 Euro to your bank account immediately after receipt of the article and after expiry of the revocation period for the purchased new item Credited The credit memo will transfer the ownership of your old item to us. Please let us know your bank details in good time. If you use your right of revocation after your purchase, you will be returned the defective item free of charge.
4. Terms of payment
Payment options are:
· Advance payment / transfer
· And payment services (currently PayPal, Credit Card and Sofortüberweisung.de).
Unless we have agreed otherwise with you, the purchase price is to be paid in advance.5. Terms of delivery, risk transfer
5.1 Delivery shall be made to the delivery countries indicated by us to the delivery address indicated by you with a transport company of our choice. Part deliveries with different delivery times of the products ordered can be agreed. Delivery times and terms of delivery as well as restrictions are based on our information in the product descriptions and / or on the side delivery, shipping, payment .
5.2 If you are a consumer, we will in any case bear the shipping risk, irrespective of the type of shipment. If you are an entrepreneur, all risks and dangers of the dispatch will pass to you as soon as the goods have been handed over by us to the authorized transport company.
5.3 In case of non-availability of the ordered goods, we reserve the right not to deliver. In this case, we will notify you without delay and will immediately reimburse any consideration already received. In case of delayed delivery, we will inform you by telephone or email.
6. Reservation of self-supply
We reserve the right to deliver the goods in the event of their non-availability, or to the extent that it is reasonable for you to reasonably justify them (reservation of self-supply). In both cases, we will immediately notify you that the goods ordered are not available and that a consideration already paid by you is immediately refunded. However, the reservation of self-deliveries applies only in the event that we have completed a concrete cover transaction in time and are not responsible for the lack of availability or if we have been left unaffected by our pre-supplier. This does not affect your statutory requirements.
7. Verification of the delivery, complaints, deficiencies
7.1 A goods issue check is always carried out before delivery of the goods. However, in your own interest, we recommend you to check the delivered goods upon receipt. Should you notice any damage or defective deliveries, please contact us as soon as possible so that we can coordinate the further procedure with you.
7.2 Should you notice packaging and / or transport damage at the time of delivery, we ask you to confirm this in text form, if possible, by the transporter, and to notify us. We will then vote the next steps with you. We recommend that you store the damaged packaging as far as possible for purposes of proof.
7.3 If you fail to comply with the aforementioned regulations in section (1) and (2), this has no effect on the warranty rights to which you are entitled.
7.4 In the case of commercial transactions for the contracting parties, a commercial transaction within the meaning of § 343 HGB (German Commercial Code) shall apply. Section 377 HGB.
8. Retention of title
8.1 The goods remain our property until the goods are fully paid for.
8.2 In commercial business transactions, the retention of title shall also apply to you in the case of installation and / or processing and the resale of the delivered goods by you (extended retention of title) with the following specifications:
8.2.1 You are entitled to resell the delivered goods in the ordinary course of business; However, at the time the contract is concluded, you shall assign to us all receivables equal to the final invoice amount (including VAT) of the claim which you incur from your resale against your customers or third parties irrespective of whether the goods are resold without or after processing has been. You are also authorized to collect this claim after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as you fulfill your payment obligations from the revenues collected, do not fall into arrears with payment and, in particular, no application is filed against you for opening insolvency proceedings or for payment. If the latter is the case, we can demand that you notify us of the assigned claims and their debtors, provide all information necessary for collection, hand over the related documents and notify the debtors (third parties) of the assignment.
8.2.2 The processing or transformation of the delivered goods by you is always made for us without obliging ourselves. If the goods are processed with other items not belonging to us, we acquire the 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. Moreover, the same thing applies to the goods resulting from the processing as for the delivered goods under reservation.
8.2.3 If the delivered goods are inseparably mixed with other objects not belonging to us, we shall acquire the co-ownership of the new item in proportion to the value of the purchased item (final invoice amount including VAT) to the other mixed items at the time of the mixing . If the mixing is carried out in such a way that your item is to be viewed as the main item, then it is agreed that we shall become co-owners on a pro rata basis. You retain the resulting sole proprietorship or co-ownership for us at your own expense.
9. Liability for defects, liability for other damages
Please note: Our items for sale are of different age, some are used, some are new, and there are usage signs. Although the articles are partially original packaging, we are treated as second-hand articles because of the longer storage period, ie all articles which are not expressly referred to as new are considered as used goods.
9.1 The statutory liability for defects shall be as follows:
Delivery of goods
In the case of new goods, the limitation period for claims for defects is 24 months after the delivery of the goods. The liability for defects is limited to 12 months from the transfer of risks. In the case of used goods, the statute of limitations for deficiency claims against consumers is 12 months after delivery of the goods; Claims for damages, which we have fraudulently concealed, and claims arising from a guarantee, which we have taken over for a certain period of time (durability guarantee), are excluded from this regulation. For these excluded claims, the statutory limitation periods apply.
9.2 Our liability for other damages outside of the statutory liability for defects also applies in accordance with statutory provisions. We shall be liable in accordance with the statutory provisions for damages caused by slight negligence, only in the case of violation of contractual obligations, for example, those which the sales contract wishes to impose on us as a seller according to its content and purpose or whose fulfillment is the proper execution of the contract Purchase agreement and at the same time you can trust and trust it regularly. This liability is limited to the typical damage foreseeable at the conclusion of the contract. Irrespective of our fault, our possible liability for fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected.
9.3 Any limitation of liability pursuant to this section shall not apply to injury to life, body or health or to gross negligence.
Repair services (works contracts)
9.4 If we have carried out a repair of a delivered used equipment / customer equipment for you, the limitation period for deficiency claims against the end user is 24 months after the device has been returned. If the buyer is an entrepreneur, the limitation period for claims for defects is 12 months.
9.5 If, after the expiration of the period of revocation for the used item, you give us a functional guarantee of 24 months for the respective product within 14 days at our expense, we will send you your old defective article including a detailed error description , Purchased items from us, if this option is offered in the article. The warranty period starts from the date of purchase. The functional warranty and the exact warranty period are communicated to you immediately after receipt of your old product and expiration of the period of revocation for the used items purchased from us by means of a guarantee declaration by email. Upon receipt of the guarantee, the ownership of your old product will pass to us. If you use your right of revocation after your purchase, you will be returned the defective item free of charge.
The functional guarantee covers the following services for a period of 24 months: If your item purchased with Heiz24 has a malfunction during the warranty period, you will be returned an equivalent and usable fault-free replacement item after you have sent your defective Heiz24 article .
Attention: We would like to point out that work on gas installations may only be carried out by trained and qualified personnel. The assembly of electrical equipment may only be carried out by a qualified specialist who is familiar with the related regulations (VDE) and hazards.
10. Withdrawal from the contract
10.1 We are entitled to withdraw from the contract also with regard to a still open part of the delivery or service if you have given false information about your creditworthiness or objective reasons for your solvency or the opening of an insolvency proceeding concerning your assets or the rejection of such a claim Procedure due to a lack of cost-covering assets. You are given the possibility to make an advance payment or to provide a suitable security before withdrawal.
10.2 Without prejudice to any claims for damages, partial services already rendered in the case of partial withdrawal shall be settled and paid by you in accordance with the contract.
10.3 Repayments after a successful withdrawal are made by us in the same way as these have reached us. The only exception is the credit card payment, for technical reasons, we need your bank account for repayment.
11. Final provisions
11.1 If the aforesaid provisions have not become part of the contract in full or in part, or become invalid, the remaining provisions shall remain valid.
11.2 The law of the Federal Republic of Germany applies to the contractual relationship between us and you as well as to the respective terms and conditions. The UN purchase right is excluded. This choice of law does not apply to consumers in so far as they have their habitual residence in another country of our supply area and are subject to deviating mandatory consumer protection regulations.
11.3. If you are a merchant within the meaning of the HGB or a corporation under public law, exclusive jurisdiction is the court of our place of business. The same applies if the customer does not have a general court of jurisdiction in Germany or the EU, or if he is domiciled or habitually resident at the time the action is brought. The power to appeal also to the court at another legal jurisdiction remains unaffected.
II. Complementary consumer information
As an online retailer, we are subject to a whole range of information requirements to consumers. If we do not already fulfill these information requirements directly on the respective websites of our offers, supplements are listed below.
1. Technical steps to conclude the contract
If you have found the product you are looking for, you can add it to your shopping cart by clicking the " Add to Cart" button. The content of the shopping basket can be viewed at any time without obligation by clicking the button " shopping cart" . You can remove the products from the shopping cart by clicking on the "Delete" checkbox. If you want to order the products in the shopping cart, click the "Checkout" button . Please enter your personal data. The mandatory details are marked with a (*). Registration is offered but is not required. On the next page, select the type of shipment or self-collection and a payment method, then let us know if you have individual messages and then go to "Next" . You will then see an order overview on which you can review and change all data and entries once again. Then, on the same page above, mark a checkmark to accept the terms and conditions and confirm the right of revocation. Click on the button "order for a fee" to close the order process. The operation can be canceled at any time by closing the browser window.
2. Contractual data storage / printout
Order data 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, we will gladly send you stored data on request. The print function of your browser also allows you to print order data and contract text at the end of the contract. You can also save it by clicking on the right mouse button to save the website on your computer.
You have the option of correcting input errors which have been created during the filling out of the order in a summary by means of corresponding commands via the keyboard or by mouse click. All entries can also be corrected by sending the back-button of your browser.
4. Code of Conduct
We have not subjected ourselves to a code of conduct for our industry.
5. Information on the existence of a statutory right of non-conformity
The liability for defects is based on section 9.1 of our General Terms and Conditions (see above under I.).
6. Information on online dispute resolution under Article 14 of the EU Regulation No 524/2013
The EU Commission provides a platform for the online settlement of consumer disputes,
Which arise from the online sale of goods or the online provision of services to consumers (OS platform).
The OS platform can be reached at the following link: https://webgate.ec.europa.eu/odr
Alternative Dispute Resolution
We are not obligated to participate in a dispute resolution procedure before a consumer-enforcement agency and are not generally prepared.© HZ (E020217)