GTC

Disclaimer

Provision of general data and information

The Haussmann GmbH endeavours to ensure that the information published on the website is correct. However, no liability or guarantee is accepted for the topicality, accuracy and completeness of the information and data provided. The same applies to linked websites. The Haussmann GmbH is neither responsible for their content nor does it have any influence on the content. Changes or additions to the information or data provided may be made by the Haussmann GmbH at any time without prior notice.

Copyright

All elements (text, graphics, animations and sound) on this website are protected by copyright and may only be used with the prior consent of the Haussmann GmbH beforehand. This does not apply to news and press releases.

Content of the online offer

Haussmann GmbH assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against Haussmann GmbH relating to material or non-material damage caused by the use or non-use of the information or data provided. caused by the use of incorrect and incomplete information are generally excluded, unless there is evidence of wilful intent or gross negligence on the part of the Haussmann GmbH cannot be proven to have acted wilfully or with gross negligence. All offers are subject to change and non-binding. The Haussmann GmbH expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.

References and links

In the case of direct or indirect references to external websites ("links") that lie outside the author's area of responsibility, a liability obligation would only come into force in the event that Haussmann GmbH is aware of the content and it would be technically possible and reasonable to prevent use in the event of illegal content. The Haussmann GmbH hereby expressly declares that at the time the links were created, no illegal content was recognisable on the linked pages. The GmbH has no influence whatsoever on the current and future design, content or authorship of the linked pages. Haussmann GmbH has no influence whatsoever on the current and future design, content or authorship of the linked pages. Therefore, it hereby expressly distances itself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within the company's own website as well as to third-party entries in guest books, discussion forums and mailing lists set up by the Haussmann GmbH in guest books, discussion forums and mailing lists. Liability for illegal, incorrect or incomplete content and in particular for damages resulting from the use or non-use of such information lies solely with the provider of the page to which reference is made, and not with the person who merely refers to the respective publication via links.

Copyright and labelling law

The Haussmann GmbH endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by itself or to make use of licence-free graphics, sound documents, video sequences and texts. All the contents of the Internet offer mentioned and, if applicable All brand names and trademarks protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trade mark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the Haussmann objects created by the GmbH itself remains solely with the Haussmann GmbH. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of Haussmann GmbH is not permitted.

Data protection

If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use of and payment for all services offered is - insofar as technically possible and reasonable - also permitted without entering such data or by entering anonymised data or a pseudonym.

Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication which you were referred from. If parts or individual formulations of this text do not, no longer or do not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.

General Terms and Conditions of Delivery of Haussmann GmbH to entrepreneurs

§ 1 Validity

(1) All deliveries, services and offers of the seller are made exclusively on the basis of these General Terms and Conditions of Delivery. These are an integral part of all contracts that the seller concludes with his contractual partners (hereinafter also referred to as "customers") for the deliveries or services offered by him. They shall also apply to all future deliveries, services or offers to the Customer, even if they are not separately agreed again.

(2) Terms and conditions of the customer or third parties shall not apply, even if the seller does not separately object to their validity in individual cases. Even if the Seller refers to a letter that contains or refers to the terms and conditions of the Customer or a third party, this shall not constitute agreement with the validity of those terms and conditions.

§ 2 Offer and conclusion of contract

(1) All offers of the Seller are subject to change and non-binding, unless they are expressly labelled as binding or contain a specific acceptance period. The Seller may accept orders or commissions within fourteen days of receipt.

(2) The legal relationship between the Seller and the Customer shall be governed solely by the respective purchase contract, including these General Terms and Conditions of Delivery. This contract fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Verbal promises made by the Seller prior to the conclusion of this contract are not legally binding and verbal agreements between the contracting parties are replaced by the contract, unless it is expressly stated in each case that they continue to be binding.

(3) Additions and amendments to the agreements made, including these General Terms and Conditions of Delivery, must be made in writing to be effective. With the exception of managing directors or authorised signatories, the Seller's employees are not entitled to make any verbal agreements deviating from this. Transmission by fax is sufficient to fulfil the written form requirement; otherwise, transmission by telecommunication, in particular by e-mail, is not sufficient.

(4) Information provided by the Seller on the subject matter of the delivery or service (e.g. Weights, dimensions, utility values, load capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) are not guaranteed quality features, but descriptions or characterisations of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts, are permissible insofar as they do not impair the usability for the contractually intended purpose.

(5) The Seller reserves the right of ownership or copyright to all offers and cost estimates submitted by him as well as drawings, illustrations, calculations, brochures, catalogues, models, tools and other documents and aids made available to the Customer. The customer may not make these items accessible to third parties, disclose them, use them himself or through third parties or reproduce them without the express consent of the seller. At the Seller's request, the Customer shall return these items to the Seller in full and destroy any copies made if they are no longer required by the Customer in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.

§ 3 Prices and payment

(1) The prices shall apply to the scope of services and deliveries listed in the order confirmations. Additional or special services shall be invoiced separately. The prices are quoted in EURO ex works plus packaging, statutory VAT, customs duties in the case of export deliveries as well as fees and other public charges.

(2) If the agreed prices are based on the Seller's list prices and delivery is to take place more than four months after conclusion of the contract, the Seller's list prices valid at the time of delivery shall apply (in each case less an agreed percentage or fixed discount).

(3) Invoice amounts are to be paid within fourteen days without any deduction, unless otherwise agreed in writing. The date of receipt by the Seller shall be decisive for the date of payment. Cheques shall not be deemed to be payment until they have been cashed. If the customer fails to pay by the due date, interest of 5% p.a. shall be charged on the outstanding amounts from the due date. From the date of default, the outstanding amounts shall bear interest at 10% p.a.; the right to claim higher interest and further damages shall remain unaffected.

(4) Offsetting against counterclaims of the customer or the retention of payments due to such claims is only permissible if the counterclaims are undisputed or have been legally established.

(5) The Seller shall be entitled to execute or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, it becomes aware of circumstances which are likely to significantly reduce the Customer's creditworthiness and which jeopardise the payment of the Seller's outstanding claims by the Customer from the respective contractual relationship (including from other individual orders to which the same framework agreement applies).

§ 4 Delivery and delivery time

(1) Deliveries shall be made ex works.

(2) Deadlines and dates for deliveries and services promised by the Seller are always only approximate, unless a fixed deadline or a fixed date has been expressly promised or agreed. If despatch has been agreed, delivery periods and delivery dates refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.

(3) The Seller may - without prejudice to its rights arising from default on the part of the Customer - demand from the Customer an extension of delivery and performance periods or a postponement of delivery and performance dates by the period in which the Customer fails to fulfil its contractual obligations towards the Seller.

(4) The Seller shall not be liable for impossibility of delivery or for delays in delivery if these are caused by force majeure or other events not foreseeable at the time the contract was concluded (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which the Seller is not responsible. If such events make delivery or performance significantly more difficult or impossible for the Seller and the hindrance is not only of a temporary nature, the Seller shall be entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by immediate written declaration to the seller.

(5) The Seller shall only be entitled to make partial deliveries if

- the partial delivery can be used by the customer within the scope of the contractual purpose,

- the delivery of the remaining ordered goods is ensured, and

- the customer does not incur any significant additional expenditure or additional costs as a result (unless the seller agrees to bear these costs).

(6) If the Seller is in default with a delivery or service or if a delivery or service becomes impossible for whatever reason, the Seller's liability for damages shall be limited in accordance with § 8 of these General Terms and Conditions of Delivery.

§ 5 Place of fulfilment, dispatch, packaging, transfer of risk

(1) The place of fulfilment for all obligations arising from the contractual relationship shall be the registered office of the Seller, unless otherwise agreed.

(2) The mode of despatch and packaging shall be at the dutiful discretion of the Seller.

(3) The risk shall pass to the customer at the latest when the delivery item is handed over (whereby the start of the loading process is decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or if the Seller has assumed other services (e.g. dispatch). If dispatch or handover is delayed due to a circumstance caused by the customer, the risk shall pass to the customer from the day on which the delivery item is ready for dispatch and the seller has notified the customer of this.

(4) Storage costs after the transfer of risk shall be borne by the customer. In the case of storage by the Seller, the storage costs shall amount to 0.25% of the invoice amount of the delivery items to be stored per week elapsed. The assertion and proof of further or lower storage costs shall remain reserved.

(5) The Seller shall only insure the consignment against theft, breakage, transport, fire and water damage or other insurable risks at the express request of the Customer and at the Customer's expense.

§ 6 Warranty, material defects

(1) The warranty period is two years from delivery.

(2) The delivered items must be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. They shall be deemed approved if the Seller has not received a written notice of defects with regard to obvious defects or other defects which were recognisable during an immediate, careful inspection within seven working days after delivery of the delivery item or otherwise within seven working days after discovery of the defect or any earlier point in time at which the defect was recognisable to the Customer during normal use of the delivery item without closer inspection. At the Seller's request, the defective delivery item shall be returned to the Seller carriage paid. In the event of a justified notice of defects, the Seller shall reimburse the costs of the most favourable shipping route; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use.

(3) In the event of material defects in the delivered items, the Seller shall initially be obliged and entitled to rectify the defect or make a replacement delivery at its discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the customer may withdraw from the contract or reduce the purchase price appropriately.

(4) If a defect is due to the fault of the seller, the customer may demand compensation for damages under the conditions specified in § 8.

(5) In the event of defects in components from other manufacturers which the Seller cannot remedy for reasons of licence law or for factual reasons, the Seller shall, at its discretion, assert its warranty claims against the manufacturers and suppliers for the account of the Customer or assign them to the Customer. Warranty claims against the Seller for such defects shall only exist under the other conditions and in accordance with these General Terms and Conditions of Delivery if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, for example due to insolvency. For the duration of the legal dispute, the limitation period for the customer's relevant warranty claims against the seller shall be suspended.

(6) The warranty shall not apply if the customer modifies the delivery item or has it modified by a third party without the seller's consent and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the customer shall bear the additional costs of remedying the defect resulting from the modification.

(7) Any delivery of used items agreed with the customer in individual cases shall be made to the exclusion of any warranty for material defects.

§ 7 Industrial property rights

(1) The Seller warrants in accordance with this § 7 that the delivery item is free from industrial property rights or copyrights of third parties. Each contracting party shall immediately notify the other contracting party in writing if claims are asserted against it due to the infringement of such rights.

(2) In the event that the delivery item infringes an industrial property right or copyright of a third party, the Seller shall, at its discretion and at its own expense, modify or replace the delivery item in such a way that the rights of third parties are no longer infringed, but the delivery item continues to fulfil the contractually agreed functions, or procure the right of use for the Customer by concluding a licence agreement. If he does not succeed in doing so within a reasonable period of time, the customer is entitled to withdraw from the contract or to reduce the purchase price appropriately. Any claims for damages by the customer are subject to the limitations of § 8 of these General Terms and Conditions of Delivery.

(3) In the event of infringements of rights by products of other manufacturers supplied by the Seller, the Seller shall, at its discretion, assert its claims against the manufacturers and upstream suppliers for the account of the Customer or assign them to the Customer. In such cases, claims against the Seller shall only exist in accordance with this § 7 if the judicial enforcement of the aforementioned claims against the manufacturers and upstream suppliers was unsuccessful or is futile, for example due to insolvency.

§ 8 Liability for damages due to fault

(1) The Seller's liability for damages, irrespective of the legal grounds, in particular for impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations and unauthorised action, shall be limited in accordance with this § 8 insofar as fault is involved.

(2) The Seller shall not be liable in the event of simple negligence on the part of its executive bodies, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. A material contractual obligation is an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

(3) Insofar as the seller is liable for damages in accordance with § 8 (2), this liability is limited to damages which the seller foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which he should have foreseen if he had exercised due care. Indirect damage and consequential damage resulting from defects in the delivery item are also only eligible for compensation if such damage is typically to be expected when the delivery item is used as intended.

(4) In the event of liability for simple negligence, the Seller's obligation to pay compensation for damage to property and any further financial losses resulting therefrom shall be limited to an amount of EUR 10,000,000.00 per claim (corresponding to the current sum insured under its product liability insurance or liability insurance), even if this involves a breach of material contractual obligations.

(5) The above exclusions and limitations of liability shall apply to the same extent in favour of the executive bodies, legal representatives, employees and other vicarious agents of the Seller.

(6) Insofar as the Seller provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by the Seller, this is done free of charge and to the exclusion of any liability.

(7) The limitations of this § 8 do not apply to the Seller's liability for intentional behaviour, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.

§ 9 Retention of title

(1) The retention of title agreed below serves to secure all existing current and future claims of the Seller against the Customer arising from the supply relationship existing between the contracting parties (including balance claims from a current account relationship limited to this supply relationship).

(2) The goods delivered by the Seller to the Customer shall remain the property of the Seller until all secured claims have been paid in full. The goods and the goods covered by the retention of title which take their place in accordance with this clause are hereinafter referred to as reserved goods.

(3) The customer shall store the reserved goods free of charge for the seller.

(4) The customer shall be entitled to process and sell the reserved goods in the ordinary course of business until the realisation event (paragraph 9) occurs. Pledges and transfers by way of security are not permitted.

(5) If the reserved goods are processed by the customer, it is agreed that the processing is carried out in the name and for the account of the seller and the seller directly acquires ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the reserved goods - co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership should occur for the seller, the customer hereby assigns his future ownership or - in the above-mentioned case - his right of ownership. proportion - co-ownership of the newly created item to the seller as security. If the goods subject to retention of title are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, the seller shall, insofar as the main item belongs to him, transfer to the customer the co-ownership of the uniform item in the proportion specified in sentence 1.

(6) In the event of the resale of the goods subject to retention of title, the customer hereby assigns to the seller by way of security the resulting claim against the purchaser - in the case of co-ownership of the seller in the goods subject to retention of title in proportion to the co-ownership share. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims arising from unauthorised action in the event of loss or destruction. The seller revocably authorises the customer to collect the claims assigned to the seller in his own name. The Seller may only revoke this direct debit authorisation in the event of realisation.

(7) If third parties seize the reserved goods, in particular by attachment, the customer shall immediately inform them of the seller's ownership and inform the seller of this in order to enable him to enforce his ownership rights. If the third party is not in a position to reimburse the Seller for the judicial or extrajudicial costs incurred in this connection, the Customer shall be liable to the Seller.

(8) The Seller shall release the goods subject to retention of title and the items or claims replacing them at the request of the Customer at his discretion to the extent that their value exceeds the amount of the secured claims by more than 50 %.

(9) If the seller withdraws from the contract in the event of behaviour by the customer in breach of contract - in particular default of payment - (enforcement event), the seller shall be entitled to demand the return of the reserved goods.

§ 10 Final provisions

(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for any disputes arising from the business relationship between the seller and the customer shall be, at the seller's discretion, the seller's registered office or the customer's registered office. The exclusive place of jurisdiction for legal action against the Seller shall be the registered office of the Seller. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.

(2) The relationship between the Seller and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.

(3) Should one of the provisions of the contract or these General Terms and Conditions of Delivery be or become invalid, void or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid, void or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid, void or unenforceable provision. This applies accordingly in the event of a gap in the contract.

§ 11 Right of cancellation

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of cancellation, you must inform the Haussmann GmbH of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or e-mail). A special written form is not required.

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we must refund all payments that we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction. Unless expressly agreed otherwise with you.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

The direct costs of returning the goods, which cannot be returned normally by post due to their nature, are estimated at a maximum of approximately EUR 139.

You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of cancellation

The right of cancellation exists in accordance with § 312g paragraph 2 no. 1 BGB does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer.

Note

The customer acknowledges that the seller stores data from the contractual relationship in accordance with § 28 of the Federal Data Protection Act for the purpose of data processing and reserves the right to transfer the data to third parties (e.g. insurance companies) if necessary for the fulfilment of the contract.

§ 11 Right of cancellation

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods or has received them. has.

To exercise your right of cancellation, you must inform the Haussmann GmbH of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). A special written form is not required.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we must refund all payments that we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction. Unless expressly agreed otherwise with you.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You shall bear the direct costs of returning the goods.

The direct costs of returning the goods, which cannot be returned normally by post due to their nature, are estimated at a maximum of approximately EUR 139.

You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of cancellation

Notice

The customer acknowledges that the seller stores data from the contractual relationship in accordance with Section 28 of the German Federal Data Protection Act for the purpose of data processing and reserves the right to disclose the data to third parties (e.g. third parties) to the extent necessary for the fulfilment of the contract. insurances).