General Terms and Conditions HÜPPE Shop
General Terms and Conditions (GTC) of HÜPPE GmbH, Industriestraße 3, 26160 Bad Zwischenahn, registered in the Commercial Register of the Local Court in Oldenburg under HRB 202345 (hereinafter referred to as HÜPPE). VAT identification no.: DE 814977721, tax no.: 69 / 200 / 24628, e-mail: hueppe@hueppe.com, fax: +49 4403 67-100, telephone: +49 4403 67-0.
(Status: 12 April 2023)
1. Scope of application
1.1 The following terms and conditions in their version valid at the time of the respective order / request shall apply to all orders submitted to HÜPPE for the purchase of goods. Deviating general terms and conditions of the customer are not accepted by HÜPPE, unless HÜPPE expressly agrees to their application in writing.
1.2 The customer is a “consumer”, if and to the extent the purpose of the ordered deliveries and services cannot be attributed predominantly to a commercial or self-employed professional activity of such customer. In contrast, an “entrepreneur” is any natural or legal person or entity with legal capacity who, when concluding the contract, is acting in performance of a commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 Presentation and advertising of articles by HÜPPE on the Internet or in HÜPPE`s Online Shop shall not constitute an offer in the sense of § 145 and following sections of the German Civil Code (BGB), but rather an invitation to the customer to submit an offer.
2.2 By placing an order by e-mail, fax or telephone, the customer makes a binding offer to HÜPPE to purchase goods or services. When using HÜPPE`s online shop, the customer makes a binding offer by clicking on the "Buy now" button to purchase the goods or services contained in the digital shopping basket at that time. Before submitting the order, the customer may change and review his data to be submitted at any time. However, the order can only be submitted and transmitted to HÜPPE if the customer has accepted the present general terms and conditions by clicking the button "Accept GTC" and has thereby included them in his offer.
2.3 HÜPPE is entitled to accept the order within 7 days of receipt of the order by HÜPPE. Any e-mail to confirm receipt of the customer`s order, which is automatically generated and sent by the system immediately after receipt of such order, does not constitute a binding acceptance of the customer`s offer by HÜPPE. HÜPPE shall declare acceptance of the contract by means of a separate e-mail as soon as the goods leave the warehouse or as soon as the delivery deadline (order confirmation). In such order confirmation e-mail or in a further separate e-mail, but in any event no later than upon delivery of the goods, the text of the contract (consisting of the order, these GTC and order confirmation) shall be sent to the customer by HÜPPE on a permanent data carrier, such as e-mail or paper printout (contract confirmation). The text of the contract will be stored by HÜPPE in compliance with applicable data protection regulations. In the context of the ordering process, any risk of an unaccountable, incorrect transmission lies with the customer.
2.4 The contract shall be concluded in German language.
2.5 The goods offered by HÜPPE shall only be sold in customary quantities.
2.6 In case it is not possible to deliver the goods ordered by the customer, e.g. because the goods in question are not on stock, HÜPPE shall refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded. HÜPPE shall inform the customer of such circumstances immediately and shall reimburse any consideration already received without delay.
2.7 HÜPPE may only consider orders for deliveries outside of Germany if a minimum order value is exceeded. The customer can find the respectively applicable minimum order value within the price information provided in HÜPPE's online shop.
3. Prices
The prices for products shall apply as listed on the Internet or stored there in the form of a price list at the time of the order. The prices stated are final prices, i.e. they include the statutory VAT applicable at that time and other price components, but do not include any potential shipping costs. The respectively applicable shipping costs are specified in the price details visible in HÜPPE`s online shop. The full price including VAT and applicable shipping costs will also be displayed in the order summary before the customer submits the order.
4. Delivery and Transport (Purchase of Goods)
The delivery times stated by HÜPPE are calculated from the time of order confirmation, subject to prior payment of the purchase price. If no delivery time or no deviating delivery time is specified for the respective goods in the online shop, the delivery time is 2 - 5 working days (standard delivery). HÜPPE shall also state the delivery time again in the order confirmation. The goods are dispatched by parcel delivery via a parcel service provider. HÜPPE shall bear the shipping risk if the customer is a consumer.
5. Right of withdrawal for consumers:
(1) In principle, consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which HÜPPE provides the following information in accordance with the statutory model. Exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form and paragraph (4) contains clarifications of the statutory models and supplementary regulations to which HÜPPE is bound in addition to the statutory rights existing in favour of its customers.
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a nominated third party, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must notify us (HÜPPE GmbH, Industriestrasse 3, 26160 Bad Zwischenahn, telephone: +49 4403 67-0, fax: +49 4403 67-100, e-mail: hueppe@hueppe.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the sample withdrawal form provided in paragraph 3 below, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient to have sent off the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
In case of a declared withdrawal from the contract within the withdrawal period, we shall reimburse all payments received, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the reasonably priced standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received your notification of withdrawal. For such repayment, we will use the same means of payment that you had decided to use for the original transaction, unless expressly agreed otherwise between you and us; in no case will you be charged for this repayment.
We may refuse repayment until we have received back the goods or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us about the withdrawal from the contract. The deadline is met if the goods have been sent off before the expiry of the period of fourteen days.
The direct costs of returning the goods shall be borne by you.
For any loss in value of the goods, you shall only be liable if such loss in value is resulting from a handling of the goods which is not necessary for the inspection of the quality, characteristics and functioning of the goods.
If, in the case of an order for customer service operations, you have requested that the services begin during the course of the withdrawal period, we are entitled to receive from you a reasonable amount corresponding to the proportion of the services already provided until the point in time on which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
(2) The right of withdrawal does not apply to contracts:
- for the delivery of goods which are not prefabricated and for the manufacturing of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
(3) HÜPPE hereby provides the following information on the model withdrawal form in accordance with the statutory regulations:
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill in and return this form)
- To HÜPPE GmbH, Industriestrasse 3, 26160 Bad Zwischenahn, telephone: +49 4403 67-0, fax: +49 4403 67-100, e-mail: hueppe@hueppe.com:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date
(*) Delete if not applicable
(4) In addition to the statutory regulations and above samples, the following applies for the sake of clarification and exclusively for the benefit of the customers:
- To the extent the right of withdrawal is not excluded according to statutory regulation, the customer may exercise the right of withdrawal only with regard to individual goods ordered and delivered together with others and retain the other goods. Revocation of the entire contract is not required in these cases.
- In the event of partial deliveries of several goods ordered at the same time, the withdrawal period shall commence with the delivery of the last goods. The same applies if goods are delivered in several partial consignments or pieces. If only one item is delivered, the withdrawal period begins with the delivery of this item. In all cases, the customer may also declare the withdrawal before delivery.
- In the case of goods that cannot be returned by post due to their nature, you shall bear the direct costs of returning the goods. The costs are estimated at a maximum amount of about EUR 30.00.
7. Payment
(1) The purchase price and shipping costs must be paid latest within two (2) weeks of receipt of the invoice issued by HÜPPE.
(2) The following shall apply to the purchase of goods:
- Payment shall be made within the EU by advance bank transfer to the account specified in the HÜPPE online shop, by direct debit, by means of one of the following credit cards: Euro-/Mastercard, VISA-Card or by PayPal. In case of direct debit authorisation or payment by credit card, HÜPPE shall arrange for the customer's account to be debited earliest at the time stipulated in paragraph 1 of this Section 7.
- In the event of justified indications of a risk of non-payment, HÜPPE reserves the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If HÜPPE intends to make use of the advance payment reservation, HÜPPE shall inform the customer immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.
- For orders placed from outside the EU or requiring shipment to a destination outside the EU, only advance payment is possible.
(3) The following applies to customer service operations:
Payment for customer service operations, including any costs incurred for spare parts, shall be due immediately and shall be made immediately after performance of the customer service operation by cash payment, by direct debit or by bank transfer. In case of payment by direct debit or bank transfer, payment shall be deemed to be on time if it is received in HÜPPE's account within 2 working days following the customer service operation.
Note on the obligation to retain invoices for consumers: The invoice recipient is obliged to retain the invoice for 2 years for tax purposes.
(4) If the customer is in default regarding any payment, HÜPPE is entitled to default interest at a rate of 5 percentage points above the base rate per annum. The customer's obligation to pay default interest shall not preclude HÜPPE from claiming further damages for default.
(5) The customer shall not be entitled to set off own claims against claims of HÜPPE, unless his counterclaims have been confirmed to be valid by a binding court or arbitral decision or are undisputed. The customer shall also be entitled to set off claims against HÜPPE's claims if the customer asserts notices of defects or counterclaims arising from the same purchase contract.
(6) As a buyer, the customer may only exercise a right of retention if his counterclaim arises from the same purchase contract.
8. Retention of Title
Title to all goods delivered shall remain with HÜPPE until full payment has been made. Retention of title shall also extend to processed items and, in the event of resale, to the purchase price claim that the buyer has achieved from such resale (extended retention of title). Processing or transformation shall in any case be deemed to be carried out for HÜPPE. In case HÜPPE's (co-)ownership expires as a result of processing or transformation, it is hereby agreed that the customer's ownership of the uniform item shall pass to HÜPPE in proportion to the value of HÜPPE's total claim to the value of the other items. The customer shall keep HÜPPE's property in safe custody free of charge.
9. Warranty
(1) The rights of customers in the event of material defects and defects of title shall be determined in accordance with the statutory provisions, unless otherwise stipulated in these GTC, in particular within the following Section 10. In relation to entrepreneurs, the warranty period for items delivered by HÜPPE shall be 12 months, commencing on the day of physical delivery.
(2) An additional guarantee shall only exist for goods supplied by HÜPPE if such guarantee was expressly provided for in the order confirmation for the item in question.
10. Liability for Damages
(1) HÜPPE shall be liable for damages in accordance with the statutory provisions unless stipulated otherwise below.
(2) In the event of violating its obligations - irrespective of the legal grounds - HÜPPE shall be liable for intent and gross negligence. In the case of simple negligence HÜPPE shall only be liable:
- for damage resulting from injury to life, limb, or health, and
- for damage arising from violation of a material contractual obligation (an obligation, the fulfilment of which is essential to the proper performance of the contract and the observance of which the contractual partner regularly relies and may rely on); in this case, however, liability shall be limited to compensation typically occurring damage as foreseeable at the time when the contract became effective.
(3) The above limitations of liability do not apply to legal claims under the Product Liability Act or other mandatory legal standards.
11. Choice of Law and Place of Jurisdiction
(1) These GTC and the contractual relationship between HÜPPE and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of uniform substantive law, in particular the UN Convention on Contracts for the International Sale of Goods. Statutory provisions limiting the choice of law shall remain unaffected. If the customer has placed the order as a consumer and his usual place of residence at the time of the order is in a country other than the Federal Republic of Germany, the application of mandatory legal provisions of his country of residence shall also remain unaffected by the choice of law made above.
(2) If the Customer is a businessperson or entity, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships and non-contractual claims between the Customer and HÜPPE shall be at the registered office of HÜPPE. In all other respects, in particular where the customer is a consumer, the place of jurisdiction is determined by the statutory provisions.
