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Terms and Conditions

Terms and Conditions

1. Ambit

For all orders in our online-shop as well as anywhere else following terms and conditions count.

Consumer is every individual, which concludes a legal transaction with purposes, which mostly can not be counted to their commercial or self-employed professional activity. Entrepreneur is every individual or legal entity or incorporated association, which acts in exercise of her commercial or self-employed professional activity at the conclusion of a legal act.

Vis-ā-vis entrepreneurs count: if the entrepreneur uses conflicting or additional ambits, then their validity is hereby contradicted; they only become integral part of contract, if we explicitly agree.

2. Contracting-Party, Conclusion of the Contract, Possibilities for Corection

The contract of sales comes about with HEKA-Brutgeräte.

With listing of the products in our online-shop we submit a binding quote for conclusion of the contract about these items. You can first put the items into the shopping cart non-committal and you can corect your entries anytime before you send the binding order - by using the provided and described helps for correction in the order-process. The contract comes about, when you accept the offer of contained goods in the shopping-cart by clicking the order-button. Immediately after sending the order you receive a confirmation by e-mail.

3. Language of Contract, Storage of Wording of Contract

The possible languages for conclusion of the contract are: German, English

We store the wording of contract and send you the order data and ambit (terms and conditions) in text. The wording of contract is not available via internet anymore for safety reasons.

4. Conditions of Delivery

Additionally to the costs of goods shipping-costs accrue. Details about shipping-costs you find in the offers.

In principle you also have the option to pick up at: HEKA-Brutgeraete, Langer Schemm 290, 33397 Rietberg, Germany at following business hours: Monday-Friday 8-16 o'clock; Saturday 8-12 o'clock.

5. Payment

In our shop in principle following payment methods are available:

Payment-in-Advance
With choosing the payment method payment-in-advance we give you our bank-account-details in a separate e-mail and send you the goods after having received the payment.

Credit-Card
In the process of order you indicate your credit-card-data. Your credit-card will be charged immediately after placement of order.

SEPA-Direct-Debiting-System
With placement of order you grant us a SEPA-direct-debiting-mandate. We will inform about the date of debit at least one banking-day before (so-called Prenotification). A banking-day is any working-day with exception of saturdays, national holidays and the 24th and 31st Decembre of each year. The debit occurs after you received the goods.

PayPal, PayPal Express
For paying the invoice amount via the payment service provider PayPal (Europe) S.ā r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg („PayPal“), you must be registered at PayPal, legitimate with your login details and confirm the money order. The transaction of payment will be executed by PayPal immediately after placing the order. Further notes you receive during the process of order.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.ā r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg („PayPal“) we offer the following payment methods as PayPal services. If subsequently nothing else is ruled, for payment with PayPal Plus no registration at PayPal is required. Further notes you receive at the particular payment method and in the process of order.

PayPal
For paying the invoice amount withe the payment method PayPal, you must be registered at PayPal, legitimate with your login details and confirm the money order. The transaction of payment will be executed by PayPal immediately after placing the order.

Credit Card via PayPal
Your credit card will be charged by PayPal after shipment of goods.

Direct-Debiting via PayPal
The payment by direct-debiting via PayPal requires an address and solvency check and is directed directly to PayPal. With confirmation of the money oder you grant PayPAl a direct-debiting mandate. PayPal will inform you about the date of debit (so-called Prenotification). The debit occurs after shipment of the goods.

Purchase on Account via PayPal
The purchase on account via PayPal requires an address and solvency check and is directed directly to PayPal.

Purchase on Account
The invoice amount needs to be paid within 7 days after receipt of invoice and goods by bank transfer to the bank account mentioned on the invoice. We reserve to offer purchase on account only after successful solvency check.

Cash Payment at Pickup in our Shop
You pay the invoice amount cash at pickup.

6. Right of Withdrawal

Consumers have the legal right of withdrawal. Enterprises is not offered a voluntary right of withdrawal.

7. Reservation of Title

Goods remain our property until full payment. For enterprises additionally count: We reserve property of goods until all outstanding money of current business relations is balanced. You are allowed to sell these property reserved goods in proper business; all outstanding accounts from this resale you dispone to us in the height of the invoice amount - independently of a connection or intermixture with a new matter - in advance and we accept this demise. You stay legitimated to collect receivables, but we are also allowed to collect receivables by ourselves, if you default payment obligations. The us entitled securities we will clear on your demand, if the liquidable value of the securities exceeds the value of all outstanding debt by more than 10%.

8. Transport Damages

For conumers count: if goods are delivered with obvious transport damage, then please claim it directly at the postman and please immediately contact us. The fail of claim or contact has no consequences for your legal rights or their enforcement, especially your implied warranty. But you help us to enforce our own claims against the forwarding agent e.g. the transport insurance.

For enterprises count: the risk of accidental loss or accidental degradation passes over to you, when we delivered goods to the forwarder, forwarding agent or any other person or institution, which is assigned for execution of shipment.

9. Warranties

9.1 Right of Liability for Defects

If subsequently nothing else is explicitly declared, the legal right of liability for defects counts.

The subsequent restrictions and respite reductoins do not count for claims because of damages, which are caused by us, our legal agents or auxiliary persons

  • at violation of life, body or health
  • at intentional or grossly negligent breach of duty and deceit
  • at breach of essential contracts, whose fulfilment enables the execution of the contract and on whose compliance the contract partner regularly can trust (cardinal obligations)
  • to the extent of warranty bonds, if agreed, or
  • if the range of application of the law on product liability is instituted.

Restrictions against Enterprises

Against enterprises only our own statements and the product specifications of the manufacturers, which are included in the contract, count for the constitution of goods; for public statements or other advertising messages we don't assume liability. For enterprises the statute of limitations for claims of remedies is one year for new constructed goods up from the passing of the risk. The legal statutes of limitations for recovery according to § 445a BGB are not touched.

Arrangements against Merchants

Among merchants the duty of enquiry and reproval of § 377 HGB count. If you omit the notice, which is regulated there, the goods count as approved, unless it is a deficiency, which was not noticeable at enquiry. This does not count, if we have concealed a deficency maliciously.

9.2 Warranties and Services

Information about eventually effective additional warranties and their precise conditions you find at the special product and especially on special information pages in the online shop.

Servie: You reach our service for questions, claims and complaints on working day 8-16 o'clock and saturdays 8-12 o'clock under the phone-number +49 5244 1718 and by e-mail under info@heka-brutgeraete.de

10. Liability

For claims because of damages, which are caused by us, our legal agents or auxialiary persons, we ever are liable:

  • at violation of life, body or health
  • at intentional or grossly negligent breach of duty and deceit
  • to the extent of warranty bonds, if agreed, or
  • if the range of application of the law on product liability is instituted.

At breach of essential contracts, whose fulfilment enables the execution of the contract and on whose compliance the contract partner regularly can trust (cardinal obligations), at slight negligance by us, our legal agents or auxiliary persons the liability is limited to the height of predictable damage, which typically must be expected, at conclusion of contract. Furthermore claims on damage are exluded. For consquential damages like losses in incubation, which are caused by delayed delivery or defects, gernerally no liability can be assumed.

11. Settlement of Disputes

The European commission provides a platform for settlement of disputes (OS), which you can find here. We are willing to take part on an extrajudicial arbitration at a consumer arbitration board.

12. Youth Protection

If your order contains goods, whose sale underlies limitations of age, we ensure that the purchaser has reached the required minimum age by establishing a reliable procedure including a personal idendity and age check. The postman only transfers the goods after age check occurred - and only directly to the purchaser. A delivery to a freight station is not possible in this case.

13. Final Clauses

If you are entrepreneur, then German law counts under exclusion from CISG.

If you are merchant in terms of commercial code, legal entity of public law or separate estate of public-law, then our place of establishment is the exclusive jurisdiction for all disputes from contractual relationships between you and us.

Phone-Number: +49 (0) 52 44 / 17 18
Monday - Friday 8:00 to 18:00 (01.06.-31.09. up to 16:00 )
Saturday 8:00 - 12:00