Hilal Maschinen & Werkzeughandel
Owner: Mesut Cakir
Appellhof 15
75334 Straubenhardt
Germany
Tel: +49 (0) 70 82 - 49 10 850
Fax: +49 (0) 70 82 - 49 10 865
1. General
1.1 All deliveries, services, offers and contracts of Hilal Maschinen- und Werkzeughandel (hereinafter referred to as Seller) are exclusively based on these terms and conditions. They are recognized as binding with the conclusion of the contract or with the order or the bid on our goods or services. Any contradictory terms and conditions of the buyer are expressly excluded. Subsidiary agreements, amendments or additions to the contract shall only be effective if they have been confirmed in writing by the Seller. Counter-confirmations of the buyer with reference to his terms and conditions of business or purchase are hereby contradicted.
2. Conclusion of contract
2.1 An order or bid placed by the Buyer is binding.
2.2 Orders are accepted by the Seller by sending an order confirmation or the ordered goods.
2.3 The Seller reserves the right to have orders with a value exceeding 1000,-EURO, first confirmed by the Buyer in writing.
3. Terms of payment and prices
3.1 The prices shown shall apply to the delivery, as a rule including the statutory value-added tax unless otherwise stated. All prices are exclusive of shipping costs, unless otherwise agreed in writing.
3.2 Ordered goods are payable in advance, without deduction, within one week from the date of order. Payment shall only be deemed to have been made when the Seller can dispose of the amount. Bills of exchange or checks shall only be accepted by agreement and on account of performance and shall not be deemed payment until they have been honored. Discount and collection charges, as well as all other bank charges incurred, shall be borne by the purchaser. In the event of a delay in payment, we shall be entitled to charge interest on arrears at a rate of 5% above the respective base interest rate of the ECB in accordance with the Discount Transition Act. The seller shall not be liable for timely presentation.
3.3 For orders via our online store or internet platforms such as eBay, Hood, Ricardo, or similar, payment is due immediately upon receipt of our first mail with payment instructions or with our order confirmation and receipt of payment is expected no later than 5 days after purchase. The buyer has the right, starting from the first auction, 3 days to collect items and these in a package, if this is technically possible for us, to get sent, here the highest indicated shipping costs will be charged. In individual cases, for example, if the purchased items are shipped partly from the manufacturing plant and partly from our warehouse or other locations, we reserve the right to an additional adjusted shipping costs. After 3 days the auction(s) must be closed.
3.4 The buyer is only entitled to rights of retention insofar as his counterclaim is based on the same contractual relationship and this has been legally established or recognized by us.
4. Delivery time
4.1 The agreed delivery period begins with the uncontradicted or confirmed order.
4.2 Normally we deliver within one week or faster. Delivery dates are only binding if they are expressly confirmed by us as fixed dates. In the event of unforeseen obstacles beyond our control or obstacles for which our suppliers are responsible, the delivery period shall be extended accordingly. This shall also apply if the obstacles have arisen during an already existing delay.
4.3 Delays in delivery caused by legal or official orders (e.g. import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. In important cases, we shall notify the Buyer of the beginning and end of such hindrances without delay.
5. Transfer of risk, shipment, delivery
5.1 The place of performance shall be the registered office of the Seller. Shipment of the goods to a place other than the place of performance shall be at the expense and risk of the Buyer. The mode of shipment, the shipping route and the company entrusted with the shipment shall be determined by the Seller at its own discretion.
5.2 In the case of parcel shipments, the risk shall pass to the Buyer (§447 BGB) as soon as the shipment with the delivery items is handed over to the Buyer by the carrier. In order to be able to assert claims, the Buyer shall immediately notify the carrier or freight forwarder of any obvious as well as any detected transport damage and shall notify the Seller thereof in writing within 24 hours after receipt of the goods.
5.3 Partial deliveries by the Seller shall be permissible insofar as this is reasonable for the Buyer. In the case of delivery contracts, each partial delivery and partial performance shall be deemed to be an independent performance.
6. Right of withdrawal for distance contracts
Dem privaten Endverbraucher steht bei Fernabsatzverträgen ein Widerrufsrecht nach § 13 BGB zu. Nach Maßgabe des Gesetzes hat er innerhalb zwei Wochen nach Erhalt der Ware die Möglichkeit, den Vertrag ohne Begründung zu widerrufen. Der Widerruf kann schriftlich oder durch Rücksendung der Ware erfolgen; zur Fristwahrung genügt die rechtzeitige Absendung an: Hilal Maschinen- und Werkzeughandel, Appelhof 15, 75334 Straubenhardt.
6.1 Dies gilt nur bei Festpreisangeboten oder der Nutzung der Sofortkaufoption auf Internetplattformen. Bei Auktionen, bei denen der endgültige Verkaufspreis nicht von vorneherein bekannt ist, wird gemäß § 312d Abs. IV Punkt 5 BGB ein Widerrufs- und Rückgaberecht ausgeschlossen.
6.2 Bei Ausübung des Widerrufsrechts trägt der Verbraucher bis zu einem Bestellwert von 40,- Euro die Transportkosten. Wertminderungen aus bestimmungsgemäßem Gebrauch sind vom Verbraucher zu erstatten, es sei denn, die Minderung ist lediglich auf die Prüfung der Ware zurückzuführen. Eine Prüfung ist gleichzusetzen der Möglichkeiten wie Sie im Fachhandel gegeben sind, ansonsten können Wertminderungen vermieden werden, wenn die Ware sorgfältig behandelt und der Einbau der Komponenten durch qualifiziertes technisches Personal durchgeführt wird.
6.3 Bei extra nach Kundenwünschen gefertigten Waren oder bestellten Waren ist ein Widerrufsrecht ausgeschlossen.
6.4 Verkäufer nimmt bei der Rückabwicklung eines Vertrages nur Ware in der unbeschädigten und unverschmutzten Originalverpackung mit vollständigem Zubehör zurück. Alle gelieferten Gegenstände müssen zurückgegeben werden. Beim Versand ist darauf zu achten, dass auch die Umverpackung des Artikels ausreichend geschützt ist.
6.5 Unfreie Rücklieferungen werden NICHT angenommen! Sie bekommen aber Ihre Portokosten zusammen mit dem Preis zurückerstattet. Sollte die Ware starke Gebrauchsspuren aufweisen, behalten wir uns vor, die Ware an Sie zurück zusenden oder eine anteilige Gutschrift zu erteilen.
7. Refusal of acceptance by the buyer / return
7.1 After expiry of the two-week revocation period or in the case of buyers who are not private end consumers within the meaning of the law, goods shall only be taken back in the event of demonstrably incorrect delivery. In the case of requests for exchange or return, the cause of which is not the responsibility of the seller, processing will only take place after written confirmation by the seller. The basic prerequisite for this is the condition of the goods and their resalable condition. The amount of the refund shall be based on the resale price to be achieved at the time of receipt of the goods, less a processing/cancellation fee of 15% of the invoice amount.
7.2 If a Buyer does not accept the goods sold, the Seller shall be entitled either to insist on acceptance or to claim 15% of the purchase price as liquidated damages and reimbursement of expenses. Costs incurred for the calibration of measuring tools or other special services performed at the customer's request shall also be charged to the buyer in full.
7.3 If a device is reported as defective, and if it turns out after inspection that the complaint was unjustified, a lump sum of 25,- Euro is considered as accepted, which has to be paid by the sender of the device before returning the item within 10 days. After this period, a lump sum of 5,- Euro per week or part thereof will be charged for storage. If the sum of the lump sums exceeds the current value of the item, it becomes the property of the seller.
8. Retention of title
8.1 The Seller retains title to the delivered goods and services until full payment of all claims arising or still arising from the business relationship with the Buyer, irrespective of their nature and legal basis.
8.2 In the event of default in payment - in particular after dishonor of checks or bills of exchange - the Seller shall be entitled, without the existence of a judicial title or authorization, after assertion of the retention of title, to take possession of the goods subject to retention of title by entering the business premises through agents who shall have to identify themselves accordingly. The costs for the removal shall be borne in full by the Buyer. In the event of dishonor of a check or bill of exchange, the Buyer undertakes to return the goods received at its own expense upon the Seller's request.
8.3 The Buyer shall be entitled to resell the delivered goods in the ordinary course of business as long as he is not in default with his payment obligations to the Seller. Pledging or transfer of ownership by way of security is not permitted. The Buyer shall be obliged to secure the Seller's rights as a conditional seller when reselling goods subject to retention of title on credit. If the goods subject to retention of title are seized or confiscated from the Buyer, the Buyer shall inform the Seller thereof without delay. Furthermore, he shall inform third parties who wish to gain access to the goods of the Seller's ownership. The Buyer hereby assigns to the Seller the claims of the Buyer arising from a resale of the reserved goods, and the Seller hereby accepts the assignment. Nevertheless, the Buyer shall be entitled to collect as long as he meets his obligations towards the Seller. At the request of the Seller, the Buyer shall be obliged to notify third party purchasers of the assignment and to provide the Seller with the information on the assigned claims required for collection. Any processing or treatment of the reserved goods shall always be carried out by the Buyer on behalf of Layher Maschinen- und Werkzeughandel. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. Upon full payment of all claims arising from the business relationship, ownership of the delivered goods as well as the assigned claims shall pass to the Buyer without further ado.
9. Warranty / Disclaimer
9.1 We warrant for a period of 24 months, in case of commercial use of 12 months from delivery to the Buyer, that the delivery items are free from defects according to the respective state of the art. Liability for normal wear and tear is excluded. In the case of used goods, the warranty period is 12 months, in the case of commercial use 6 months from the date of delivery, unless otherwise agreed. Insignificant deviations in color, dimensions and/or other quality and performance characteristics of the goods shall not give rise to any claims by the Buyer, in particular not for warranty.
9.2 The Seller shall not assume any warranty for defects and damage resulting from unsuitable or improper use, non-observance of instructions for use or incorrect or negligent handling. The same applies to defects and damage caused by lightning, fire, mains overvoltage, moisture of any kind, as well as incorrect or missing program software and/or incorrect processing data. Warranty obligations do not exist if the defect that has occurred is causally related to the fact that the buyer has not followed the instructions for handling, maintenance and care of the object of purchase. Natural wear and tear is excluded from the warranty.
9.3 The warranty shall expire if the Buyer carries out interventions and/or repairs on equipment or has them carried out by persons who have not been authorized by Seller.
9.4 Obvious defects or incorrect deliveries caused by the Seller must be reported in writing without delay, but no later than ten working days after receipt of the delivery; otherwise all claims for defects and replacement deliveries shall be excluded. In commercial transactions, §§ 377, 387 HGB (German Commercial Code) shall apply additionally.
9.5 Insofar as a defect in the purchased item occurs within one year of the date of delivery, the Seller shall be entitled at its own discretion to assert a right to rectify the defect or to make a new delivery (subsequent performance). Within the scope of new delivery, the exchange into higher-quality products shall already be deemed to have been accepted. If the chosen type of supplementary performance involves disproportionately high costs, the claim shall be limited to the remaining type of supplementary performance (§ 439 II BGB). Further rights, in particular a withdrawal from the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or if the subsequent performance fails twice.
9.6 If the Buyer is an entrepreneur, the Seller shall be entitled to remedy the defect or to make a new delivery within one year after the date of delivery within the meaning of § 439 BGB. After the expiry of one year from the date of delivery (in the case of a warranty period agreed for longer than 1 year), his warranty claims shall be limited to rectification of defects or credit note for the current value at our discretion. Any reimbursement of expenses within the meaning of § 478 II BGB shall be limited to a maximum of 2% of the original purchase price.
9.7 No new warranty/guarantee periods shall come into force as a result of a replacement under the warranty/guarantee.
9.8 Unless expressly agreed otherwise, further claims of the Buyer - irrespective of the legal grounds - are excluded. Therefore, Seller shall not be liable for damages not directly caused to the delivery item; in particular, Seller shall not be liable for loss of profit or other financial losses of Buyer (this shall not apply if the damage is based on intent, gross negligence or lack of a warranted characteristic, breach of material contractual obligations, delay in performance, impossibility, as well as claims under §§ 1, 4 of the Product Liability Act). Seller is not liable for loss of data and for its recovery. Data must be backed up by the buyer at his own expense prior to return in case of warranty claims.
10. Supplementary provisions
10.1 In the case of the delivery of software and literature, the special license and other conditions of the manufacturer shall apply in addition to our conditions. By accepting the software, the Buyer expressly acknowledges their validity.
10.2 The Seller shall be entitled to process all data relating to the business relationship with the Buyer. In doing so, the Seller shall comply with the provisions of the Federal Data Protection Act.
10.3 All approvals from authorities necessary for a possible export of the goods, in particular from the Federal Office for Trade and Industry, shall be obtained by the Buyer in its own name and at its own expense. Should the export permit be refused, this shall not entitle the Buyer to withdraw from the contract.
11. Final provisions
11.1 Wuppertal is agreed as the place of jurisdiction for all legal disputes arising from the contract. The Seller shall also be entitled to bring an action at the Buyer's place of business.
11.2 Should one or more of the provisions of these GTC or of the supply contract prove to be invalid, the remaining provisions shall remain unaffected and continue to be effective.
11.3 German law shall be deemed agreed for all deliveries, including cross-border deliveries.