Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (HFG Trading GmbH & Co. KG) via the website www.rollerbearings.shop. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is displayed once again on the order summary page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, you are redirected back to our online shop to the order summary page.
Before submitting your order, you have the opportunity to review all details once again, to make changes (also via the "back" function of your internet browser) or to cancel the purchase.
By submitting the order via the "buy" button, you make a legally binding acceptance of the offer, thereby concluding the contract.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by spam filters.
§ 3 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale, and we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 4 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own statements and the product description of the manufacturer are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion through repair or replacement delivery. If the remedy of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
- to damages attributable to us caused by culpable injury to life, body or health and to other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- to items that have been used in accordance with their customary use for a building and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with defect claims.
§ 5 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time of filing the action. The right to also bring an action before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
- Identity of the Seller
HFG Trading GmbH & Co. KG
Pognerstr. 38
81379 Munich
Germany
Phone: 08921542590
Email: york.lindenschmidt@h-f-g.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
- Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
- Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
- Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of the Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
4.2. We have submitted to the code of conduct of Trusted Shops GmbH, available at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
- Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and Payment Methods
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.
- Delivery Conditions
7.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
- Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by lawyers of the Händlerbund specialising in IT law and are continuously reviewed for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
Last updated: 19.11.2018