Terms and conditions

1. Scope and provider

(1)     These general terms and conditions apply to all orders that customers at the online shop of Haut Contour GmbH, Robert-Koch-Str. 1, 80538 Munich.

(2)     The range of goods in our online shop is aimed exclusively at customers who are to be regarded as an entrepreneur within the meaning of Section 14 (1) of the German Civil Code, i.e. when the contract is concluded in the exercise of its commercial or independent professional activity.

(3)     Our deliveries, services and offers are carried out exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to all future business relationships, even if they are not expressly agreed again. The inclusion of the general terms and conditions of the customer that contradict our general terms and conditions is already being objected to.

2. Contract and prices

(1)     By completing the customer's order in our online shop, the customer gives a binding purchase offer. Insofar as we then send an automated confirmation of receipt, this does not yet be accepted by the customer's purchase offer. A purchase contract for the goods will only come about if we expressly explain the acceptance of the purchase offer or if we exclude the goods without prior express declaration of acceptance and to the customer send.

(2)     The prices given in our online shop are net prices. In addition, the valid statutory VAT occurs.

(3)     All prices are placed in addition to the specified shipping costs.

3. Payment conditions; Delay

(1)     In our online shop, the payment methods selectable for the respective customer are specified.

(2)     All payments are to be made within 10 days of the invoice.

(3)     In the event of payment by credit card, the purchase price will be reserved on the customer's credit card at the time of ordering ("authorization"). The customer's actual burden on the customer's credit card account takes place at the time when we send the goods to the customer.

(4)     When paying by direct debit, the customer may have to bear the costs that arise as a result of a payment transaction due to a default of a payment transaction due to the lack of account coverage or due to the customer's incorrectly transmitted data.

(5)     If the customer is in arrears with a payment, he is obliged to pay the statutory default interest of 9 percentage points above the base rate. There is also a right to pay a flat rate of 40 euros. The assertion of further compensation is reserved.

(6)     If the customer does not meet his payment obligations on time or it turns out that his financial circumstances no longer meet for a loan grant or deferral, we are entitled to make all open claims due immediately or to request security.

4. Offsetting/right of retention

(1)     The customer is only entitled to a right to offset if his counterclaim has been legally established or we do not contest.

(2)     The customer can only assert a right of retention, insofar as his counterclaim is based on the same contractual relationship.

(3)     We can assert a right of retention to all future, also recognized orders of the customer if the customer does not meet his payment obligations.

5. Delivery, risk of transport, delivery dates

(1)     Unless otherwise agreed, the goods are delivered from our warehouse to the address you specified. The delivery of the freight forwarding is free of curtains, unless otherwise agreed in individual cases.

(2)     The danger passes to the customer with the handover of the goods to the freight forwarder, carrier or otherwise ordered to carry out the shipment. The handover begins at the same time as the loading process. A delay in acceptance by the customer leads to the transfer of danger.

(3)     We are released from our performance, as far as we were not supplied in time by our suppliers as part of a congruent cover business, unless we are responsible for the non -delivery ourselves. The customer will be informed immediately of the lack of delivery and the consideration will be reimbursed immediately.

(4)     If in advance has been agreed, the delivery dates specified are subject to timely payment. In the event of late payment, the delivery date is moved accordingly.

(5)     We are entitled to partial deliveries insofar as the customer is reasonable with weighing up the mutual interests. Additional shipping costs are at our expense. The danger passes to the customer with the transfer of the respective partial delivery. If we are in arrears with outstanding partial services or the delivery of outstanding partial services is not possible, the customer is entitled to withdraw from the contract as a whole or to request damages due to non -fulfillment of the entire liability, provided that he has no interest in the partial delivery.

5. Reference to title

(1)     We reserve ownership of the goods until the complete compensation of all claims from the ongoing business relationship. Before the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.

(2)     The customer may resell the goods in the ordinary course of business. In this case, the customer is already entering us all claims in the amount of the invoice amount that the customer grows from resale. We accept the assignment. However, the customer remains authorized to collect the claims. If the customer does not properly meet his payment obligations, we reserve the right to collect claims themselves.

(3)     When connecting and mixing the reserved goods, we acquire co -ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.

(4)     We committed to release the collateral to us on request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10 %. We are responsible for selecting the releases to be released.

6. Warranty

(1)     Unless expressly agreed, the customer's warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB) with the modifications determined in the following paragraphs.

(2)     For the nature of the goods, only our own information and the product description of the manufacturer are binding, but not public promotions and statements and other advertising from the manufacturer. Patterns, materials and structure of the products may differ from the information in the online shop. Our information on the subject of the delivery or service, including the images, is only approaching descriptions, unless a precise agreement is required for the contractual purpose.

(3)     You are obliged to examine the goods with the required care for quality and quantity deviations and to display obvious defects immediately after receipt of the goods. This also applies to hidden defects from discovery that were found later. If the examination and complaint obligation is violated, the assertion of the warranty claims is excluded.

(4)     In the case of defects, we provide guarantee by rectification or replacement delivery (supplementary performance). In the event of improvement, we do not have to bear the increased costs that result from the transfer of the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

(5)     If the subsequent performance fails twice, the customer can request a reduction after his election or withdraw from the contract.

(6)     The warranty period is one year from the delivery of the goods. This restriction does not apply to claims due to damage from the violation of life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust (cardinal obligation) as well as for claims based on other damage based on an intentional or grossly negligent breach of duty by us or our vicarious agents.

(7)     If the delivery of used products between us and the customer is agreed in individual cases, this is done with the exclusion of any guarantee.

7. Liability

(1)     Unrestrained liability: We are liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable in the event of damage from the violation of life, body and health of people.

(2)     In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and to comply with which you can regularly trust (cardinal obligation). The amount of liability for easy negligence is limited to the damage that is predictable when the contract is concluded, the development of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

8. Final provisions

(1)     If one or more provisions of these terms and conditions are or become ineffective, the effectiveness of the other provisions will not be affected.

(2)     Only German law is applicable to contracts between us and you, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UNF KEICE LIGHT").

(3)     If you are a merchant, a legal entity under public law or special funds under public law, the place of jurisdiction applies to all disputes arising from or in connection with contracts between us and the customers at our place of business.