Conditions of Use - Hago-Kelbor

1. Scope 1.1 These terms and conditions apply to all current and future business. Differing, conflicting or supplementary general terms and conditions, even with knowledge, not part of the contract unless their validity is expressly agreed in writing.

1.2 These terms and conditions apply exclusively to entrepreneurs, ie all individuals or legal entities or partnerships with legal personality, will enter into a business relationship with those who are in a commercial or independent professional activity.

2. contractors The purchase comes with:
Hago & Kelbor -- Martin Hackelbörger - Kolpingstr. 9 -- D-59329 - Wadersloh
VAT Number: De211979873 -- Phone: 0049 2523 959611 -- Shop-Service(ät)email.de

3. Conclusion of Contract3.1 All offers on our websites are non-binding. This applies in particular to prices, pictures and brochures. Technical changes and changes in shape, color and / or weight are reserved within reason.

3.2 By placing an order with us the entrepreneur declares a binding intent to purchase the goods. We are entitled to assume that the order against us or to one of our representatives lying contract offer within two weeks after receipt. Acceptance may be in writing or by delivering the goods to the trader either.

3.3 The contract shall be subject to the correct and timely delivery by our suppliers. This applies only to the case of non-delivery is CAUSED by an obstacle that is not attributable to us, especially when a congruent hedging transaction with our supplier. The contractor will be informed immediately of the unavailability of the service. The consideration is, if already provided, refunded immediately.

3.4 Failure to comply with the delivery period the contractor may set a deadline of at least 14 days. After expiry of this period, a further period of at least 10 days to set. If even this grace period has expired without result, then the company may rescind the purchase contract. A claim for damages can not be considered, unless the delay is due to intent or gross negligence by us or one of our agents.

4. Default of acceptance Unit of entrepreneurs with its obligation to accept the goods with proper deployment, in default, we are entitled to demand the end of a period of at least 10 days damages or rescind the contract.

5. Warranty

5.1 For defects in the goods at our choice is made by repair or replacement.

5.2 If subsequent performance fails, the entrepreneur (reduction) or to cancel the contract may require (withdrawal), at his discretion withhold payment. Case of a minor breach of contract, especially with only minor defects, the entrepreneurs, however, no right to withdraw. The contractor must indicate in writing receipt of the goods obvious defects within a period of four weeks; otherwise the assertion of the warranty claim is excluded. To comply with the deadline. The company bears the burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the complaint.

5.3 Selects the contractor because of a defect after subsequent withdrawal from the contract, he shall not be entitled to claim damages for the defect. Selects the entrepreneur, after failed subsequent fulfillment, the goods remain with the contractor, if this is reasonable. The damages will be limited to the difference between the purchase price and the value of the defective item. This does not apply if we or one of our agents have the breach of contract caused by gross negligence, willful or even maliciously.

5.4 5.4 The warranty period is for virgin two years from delivery of the goods. For used goods, the limitation period is one year from date of delivery. This does not apply if the employer has not notified the defect us in time ( 5. Abs. 2).

5.5 As a condition of the goods only, the product description on our part or the manufacturer, as agreed. Public statements, promotion or advertising of the manufacturer do not contractual specification dar.

5.6 guarantees in the legal sense are not the entrepreneur through us. Manufacturer warranties remain unaffected.

6. Transfer of risk - Dispatch6.1 The software is delivered on account and risk of the entrepreneur. The risk of accidental loss and accidental deterioration of the goods passes to the handover, on sale to the delivery of the goods to the carrier, freight forwarder or other particular to execute the dispatch person or institution to the contractor.

6.2 The handover is the same, if the contractor is in default of acceptance.

6.3 If the contractor at no special shipping request, we will ship the goods after we deem adequate dispatch.

6.4 Identified damage in transit must be reported immediately and the goods must be returned with an explanation of the recognition forwarding, mail, web, or other package delivery service as well as an assignment statement of the entrepreneur to us. After this can be a replacement by us, if the conditions of a Inanspruchstellung the transport company are given and the contractor has handed over all the requisite documents and information.

7. Remuneration7.1 After delivery of the goods to the trader, the invoice is created. Payment within 14 days of the invoice amount is net without any deductions. Payment shall be the date on which we can dispose of the money. Other forms require written confirmation.

7.2 Upon dispatch of purchase, the purchase price plus transportation costs understood (see 6. Abs. 1).

7.3 The contractor has wurden.Der a right to compensation only if his counterclaims have been legally established or recognized by a business person may exercise a right of retention only if his counterclaim is based on the same contractual relationship.

7.4 If a payment default, we are entitled to the contractor from further deliveries, even if you have already been confirmed to exclude and to make a corresponding retention. In exceptional cases, especially if the entrepreneur is strongly dependent on the supply of what this has notified immediately after asserting the lien and to prove a delivery against payment in advance or cash on delivery will be done after they have issued confirmation.

8. Retention of title8.1 We reserve the right at all goods supplied by us the title until the contractor has all debt paid in full from the ongoing business relationship.

8.2 The contractor shall be entitled to resell the goods in the ordinary course of business. He assigns to us all claims in the amount of the invoice, which accrue to him by the sale to a third party. We accept the assignment. After the assignment, the Contractor is authorized to collect the debt. We reserve the right to collect the claim even if the contractor does not fulfill his payment obligations, and in default of payment.

8.3 The contractor is obliged to treat the goods with care. If Servicing and inspection work is required, the contractor shall perform regularly at his own cost.

8.4 The contractor is obliged to inform us immediately access of third parties to the goods, as in the case of a seizure, and any damage to or destruction of the goods. The Contractor undertakes to continue for seizure of the reserved goods or assigned to us by third parties, the distraining and the switched-enforcement bodies orally and in writing about immediately on our rights (retention of title) and otherwise to do everything to protect our rights. A change in ownership of the merchandise as well as residence or change of location has given us the entrepreneur, if still retain ownership, also reported immediately. The entrepreneur has at any time upon demand, where the reserved goods are located.

8.5 We are entitled to withdraw breach of contract by the contractor, in particular in case of default or breach of a duty under paragraphs 3 and 4 of this provision from the contract and demand the goods.

8.6 The treatment and processing of the goods by the entrepreneur is always in the name and on our behalf. If processing with objects that do not belong to us, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us to the other processed items. The same applies if the product is mixed with other objects not belonging to us.

9. Final provisions 9.1 The substantive law of the Federal Republic of Germany.

9.2 If the contractor is a merchant, legal entity under public law or public special fund, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. The same applies if the entrepreneur has no general jurisdiction in Germany or whose domicile or habitual residence at the action is not known.

9.3 If any provision of the contract with the contractor, including these General Terms and Conditions be or become invalid or be so here is the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic purpose of the invalid as closely as possible.

Conditions Version: AGB-Version: September 2011End of the Terms and Conditions for resellers.