Terms and Conditions
The following terms and conditions (GTC) govern the contractual relationship between the customer and the business trading platform operator http://www.hydrojack.de/ . The platform is operated by the
HST SYSTEMTECHNIK GMBH & CO. KG, Heinrichsthaler Straße 8, 59872 Meschede
hereinafter " HST " called.
Contract language is German.
§ 1 Definitions
1. Businessman is either the one who operates a trade or the one who enter the company in the commercial register.
2. Commerce is every industrial concern, unless the enterprise does not require a business concern furnished in business manner in kind or extent.
3. Enterpriser is a natural or legal entity which acts by end of a legal business in exercise of her commercial or independent professional activity.
4. A consumer is any natural person who enters into a transaction for a purpose that can neither be attributed to their commercial or independent professional activity.
5. Distant sales contract for the purposes of these Terms and Conditions is a contract about the delivery of goods or the performance of services which is concluded between an enterpriser and a consumer under exclusive use of distant communicative devices, unless the contract end does not occur within the scope of a distribution or service system organised for the distant sales.
6. Distant communicative devices are communicative devices which can be used to the preparation or for the end of a contract between a consumer and an enterpriser without concurrent physical presence of the parties to a contract, in particular letters, catalogues, phone phone calls, e-mails as well as broadcasting company, teleservices and media services.
7. Contract text in sense of these Terms and Conditions is the product description itself devoted from our Internet presentation and the contents of the on-line order. From us on the website http://www.hydrojack.de/ sent order confirmation is itself not a contract text, but confirms only the entrance of the order
8. Text form in sense of these Terms and Conditions is the delivery of a declaration of intention in a document or in another, to the lasting reproduction in character suitable manner which the person of the explicatory calls and makes the end of the explanation by name signature or differently recognizably.
§2 Validity and change of these Terms and Conditions
1. HST sells the offered products exclusively under use of these Terms and Conditions. Conflicting or divergent terms of business from this are not recognized.
2. As far as the customer is a businessman, these Terms and Conditions are also valid for all future business relations, even if they are not expressly agreed again.
3. HST is entitled to change these Terms and Conditions or to complement at any time. The customers can contradict such a change. If they do not contradict the changed Terms and Conditions within four weeks after access of the change communication, these become effective according to the change. HST will point out the customers in text form with beginning of the term again here.
§ 3 Conclusion of contract
1. The product representations in the webshop serve for the delivery of a purchase offer. With clicking the badge „liable to payment order“ you deliver an obliging purchase offer. The sales of our products to consumer occur only for the private use in budgetary-customary amounts.
2. The representation of the products in the webshop shows no juridically binding offer, but a non-binding on-line catalogue. By clicking the badge „liable to payment order“ you deliver an obliging order of the products contained in the goods basket. The confirmation of the entrance of the order follows immediately on sending the order and still shows no contract acceptance. We can accept your order by dispatch of a confirmation of order by separate e-mail or by delivery of the product within 2 days.
3. Should our confirmation of order contain write error or misprint or should form the basis of our prize definition technically conditioned transmission mistakes, we are entitled to the challenge and we must prove our mistake to you. Already occurred payments are immediately refunded for you.
§ 4 Resignation reservation
1. HST is entitled in case of a not redeemed or returned debit and/or a not paid calculation to withdraw from the contract if the creditworthiness of the customer is endangered.
2. In case of the resignation undertakes HST to refund any already produced considerations of the customer immediately.
§5 Copyrights and other commercial protective rights
1. In offer documents, pictures, drawings, calculations and other documents reserves itself HST has all copyrights and intellectual protective rights. This is also valid for such written documents which are called "confidential". Before the passing on into third parties the customer needs the explicit approval of the owner of the right.
2. In case of a not approved use, the will be obliged to the payment of a contract punishment by the fivefold of the market-customary fee for the use of the material.
§6 Prices, prize adaptations, costs of the packaging and sending, costs of the back dispatch in case of the cancellation
1. As far as nothing was agreed different, the prices are valid at the time of the order in euro.
2. The prices get on as a gross price. The sales tax is expelled separately and is included in the prices.
3. Costs of the packaging and sending are charged separately and expelled. The exact costs arise from the product description.
4. If a cancellation right exists and is exercised, consumers have to bear the regular costs of the return if the delivered thing is the ordered one.
§7 terms of delivery
1. The delivery time is 3-4 working days, if all questions are clarified and the timely and proper fulfilment of the obligation of the customer.
2. The terms of delivery is kept if the product of the contract has left HST within 1-2 working days.
3. The term is extended appropriately with measures within the scope of labour disputes, in particular strike and lockout or official editions or orders, as well as by the entry of unforeseen events which lie beyond the control, as far as such obstacles are has a proved influence the delivery. This is also valid for such events which originate with suppliers of HST.
§8 payment terms
1. You are able to pay alternatively by
- Credit card
- On account (in future available)
2. On payment on account the ordered product is dispatched together with the invoice to the customer. The purchase price is due within 10 calendar days after invoice date.
3. If you come to default, the purchase price is to be paid interest during the delay at the rate of 5% about the base interest rate. We reserve ourselves to prove a higher delay damage and to assert.
4. A right to the compensation is entitled to you only if your counterclaims are ascertained legally judicially or are indisputable or were recognised by us.
5. You can use a retention right only, as far as the claims from the same contractual relationship result.
§9 achievement disturbance / liability
1. Fault claims of the customer assume at businessmen that these have followed theirs investigation and rebuke obligations after §377 HGB.
2. HST excludes the liability for slightly careless breaches of duty, as far as the damages from the injury of the life, the body or the health or claims are not touched according to the product liability law or guarantees. Further untouched remains the liability for the injury of duties whose fulfilment generally allows the proper realisation of the contract and on which the customer can trust. Same is valid for breaches of duty of the fulfilment assistants of HST.
§10 retention of title
1. Up to the entire payment of the subject matter of the contract the product remains as a property of HST.
2. With enterprisers the product remains a property of HST up to the entire payment of all demands from the business connection.
§11 applicable right and court of jurisdiction, part ineffectiveness
1. The contract is defeated including these Terms and Conditions by the material right of the Federal Republic of Germany. The regulations of the Viennese UN arrangement of the 11th of April, 1980 about contracts about the international goods purchase (CISG, UN-purchase right) find no applictaion.
2. As far as the customer is a businessman in the meaning of the code of commercial law or legal entity of the public right, the place of business of HST is the court of jurisdiction for everybody from the contract and these Terms and Conditions to originating disputes. Same is valid if customers have no general court of jurisdiction by the home or move her residence or usual stay after contract end in the foreign countries or her residence or usual place of residence are unknown. However, HST is also entitled, in any case to sue customers in her general court of jurisdiction.
3. Ineffective regulations do not lead to the invalidity of the contract if this can have continuance also without ineffective regulation. Instead of the ineffective regulation the legal regulations are valid.
§12 Offsetting ban
The customer is not entitled to charge with own claims against payment claims, unless, the receivables are indisputable or ascertained legally.
§13 cancellation instruction
1. Cancellation right
You can revoke your contract within 14 days without giving reasons in text form (e. g., letter, fax, e-mail) or - if the thing leaves to you before the deadline - also by return of the thing. The term begins on receiving of this instruction in text form, but not before entrance of the product with the receiver (by the returning delivery of goods of the same kind not before entrance of the first part delivery) and also not before fulfilment of our duties to inform according to article 246 §2 in connection with §1 paragraph 1 and 2 EGBGB as well as our duties according to §312 g of paragraph 1 Sentence 1 Civil Code in connection with article 246 §3 EGBGB. For the protection of the cancellation term the timely sending of the cancellation or the thing is enough.
The cancellation is to be directed in:
HST SYSTEMTECHNIK GMBH & CO. KG
Heinrichsthaler Straße 8
2. Consequences of revocation
In case of an effective revocation the services received on both sides have to be given back and if necessary other uses (e. g., interest) as well. If you cannot give back to us the received services as well as uses (e. g., use advantages) or partially not or only in a worse state, you must pay value compensation to us. For the deterioration of the thing and for other uses you only must pay value compensation, as far as the uses or the deterioration are due to a contact with the thing which goes by the check of the qualities and the functionality. Testing and trying out means the "check of the qualities and the functionality" how it is usual in the retail shop. Consignable by parcel post things are to be sent back on our danger. You (consumer) have to bear the regular costs of the return if the delivered product is the ordered one. Otherwise the return is free for you. Obligations to the allowance of payments must be fulfilled within 30 days. The term begins for you with sending your cancellation explanation or the thing, for us with their receipt.