General trading conditions of the Hinz & Kunst Geschenke GmbH & Co. KG
Being inferior general trading conditions apply to all contracts, supplies and other achievements. We contradict deviating regulations of the contracting party hereby expressly. All special agreements require the written confirmation on our part. The Hinz & Kunst Geschenke GmbH & Co. KG are at any time justified to change or supplement these general trading conditions including all possible plants with an appropriate term of notice. Detailed orders are worked on before after the then still valid old general trading conditions.
Our offers are not-binding and noncommittal. Small deviations and technical changes to our illustrations, prices or descriptions are possible. The respective offers lose their validity with appearance of a new offer.
3. Supply and payment
The terms of payment and supply of the Hinz & Kunst Geschenke GmbH & Co. KG depend on the following regulations:
a. All our prices contain the legal value added tax at a value of at present 19%.
b. It remains reserving us to make a partial delivery if this appears favourable for a brisk completion. The purchase price is to be credited to the account of the Hinz & Kunst GmbH in full height within the agreed upon period. Any resulting costs and fees, by transfers or other bank transfers arise have the buyer in its entirety to carry. The Hinz & Kunst GmbH grants no discount deduction or deduction on the purchase price, except when written confirmation by the management.
4. Delay of payment
The buyers comes automatically into delay of payment, if the purchase price were not credited to the account of the Hinz & Kunst Geschenke GmbH & Co. KG within the agreed upon time fixed for payment after invoice date. At expiration of this term, the Hinz & Kunst reserves themselves GmbH without further request or payment reminder to introduce legal means against the buyer.
Times commodity, which is at the camp, comes within 3 working-days to the dispatch. If the commodity is not available when ordering, we strive for fastest possible supply. If the disregard of a supply or a leistungsfrist is to due to higher force, labor disputes, unforeseeable obstacles or other circumstances which can be represented from us not, the period is extended appropriately. During disregard of the time for delivery from others than the o. g. reasons the buyer is entitled to in writing set an appropriate respite (at least 8 weeks) with refusal menace and withdraw after their unsuccessful operational sequence regarding the supply in the contract or achievement from the contract. If the impossibility of the supply is based on inability of the manufacturer or our supplier, then both we and the buyer can withdraw from the contract, if the agreed upon date of delivery is exceeded by more as 2 months. Claims for damages because of delay or impossibility and/or default, also such, which developed up to cancellation of the contract, are impossible. Unless a legal representative of the Hinz & Kunst Geschenke GmbH & Co. KG acted deliberately or roughly negligently.
You have return right after the remote paragraph law after receipt of the commodity two weeks long the possibility of sending the ordered articles back. Starting from a commodity value of EUR 40.00 we take over the back transmission costs. The return right is exercised by the sending off within the prescribed period of the received goods. The sales contract is dissolved thereby and we to refund to you immediately the purchase price back, if this was already paid. For keeping the punctual sending off of the commodity meets the back transmission period.
Passage of the risk the danger turns into with sending off of the commodity by the Hinz & Kunst Geschenke GmbH & Co. KG on the buyer.
The Hinz & Kunst Geschenke GmbH & Co. KG ensures that the sold commodity is free at the time of the passage of the risk of material and factory defects and the contractually assured characteristics has. With arrival the customer has to examine the commodity immediately on lack and condition. In the case of open lack these must be announced within 2 days after receipt of the commodity in writing to us. Otherwise the guarantee for these lack is void. The guarantee depends on the guarantee rules proven in the Shop. The guarantee does not extend to the normal wear or the wear. The guarantee expires, if the customer changes or with the supplied commodity properly does not go around the supplied commodity. The Hinz & Kunst Geschenke GmbH & Co. KG have the right to 3 (in words three) free rework during the warranty. A partial or complete exchange of the article is permissible. If lack are not repaired within appropriate period, then the buyer has requirement on transformation or reduction. The regulations of the BGB apply.
9. Retention of title up to the complete payment
remains the commodity in the extended property of the Hinz & Kunst Geschenke GmbH & Co. KG. The Hinz & Kunst Geschenke GmbH & Co. KG are justified with delay of payment, without being present a judicial title or an authorization to take after asserting of the retention of title the reservation commodity under entering the business premises by assigned one, which legitimized themselves accordingly, actually the costs of the evacuation carry the buyer in full height.
10. Data storage
We draw the attention of data storage in accordance with § 28 of the Federal Law for Data Protection (BDSG) to the fact that the data necessary in the context of the geschaeftsabwicklung are processed and stored by means of an EDP system in accordance with § 33 (BDSG). Personal data are naturally confidentially treated. The customer gives expressly for this his agreement.
11. Area of jurisdiction place of delivery and area of jurisdiction is Munich.
It applies excluding the right of the Federal Republic of Germany. This right applies also with contracts with foreign companies.
12. Final clauses
Final clauses should be or become individual regulations futile, ineffective or contestable, are them to lay out in such a way b.z.w. supplement that the intended economic purpose in legally permissible is reached as exactly as possible wise. The remaining regulations remain unaffected by it. This applies in a general manner also to if necessary auxiliaryneedy gaps. The appropriate apply §§ the BGB their general.