General Terms and Conditions

All orders at Holz Hoerz GmbH, located at Dottinger Str. 71 D-72525 Münsingen, and represented by its general managers, Axel Gieseke and Martin Moser shall be filled on the basis of the following General Terms and Conditions:

 

1. Scope of Application

The following conditions shall apply to all contracts, deliveries, and services. Other conditions shall not be part of this contract, even if not expressly objected to it. As provisional precaution, we hereby object to purchaser’s own terms and conditions.

                         

2. Intellectual Property

We shall reserve the right to all trademarks, copy rights on any and all of our delivered products, images, calculations, drawings, catalogue content, and other sales and marketing

materials. The use for any purpose other than that set forth in this contract requires our expressed written consent. Documents for submitting a proposal which are solely for the purchaser’s use and not generally accessible, shall be returned to us upon request.

 

3. Conclusion of Contract, prices, shipping costs

a)

Offers, Conclusion of Contract

Our offers are subject to change. The contract of ordered merchandise shall be concluded at the time we confirm your order. The order is confirmed within 5 days after the order arrives, either by written order confirmation, a shipping notice, or actual delivery.

b) 

Prices

All prices are in EURO. Prices for consumers include the statutory value added tax.

VAT for orders abroad: For deliveries to final consumers in countries of the European Union (EU) apply the currently valid VAT of Germany. Unless there are the exemptions in § L Ziff. Ib) i.V.m. § N a UStG. For orders from non-EU countries no German VAT must be paid. The typical import-turnover tax for this country as well as any customs duties and any fees must

be paid by the customer. Our prices are ex factory exclusive of any freight and packaging charges. 

c)

Extra charge for small quantities, minimum order value

For orders via  the internetshop www.pedalo.de the following applies:

For orders below the value of 30,00 Euro gross, excluding shipping costs, a less quantity surcharge of 5,00 Euro including VAT is calculated. The less quantity surcharge will be displayed in the order.

For orders by corporations and legal entities governed by public law the following applies:

The minimum order value for your first order will be communicated with the activation as a dealer. Subsequent orders which are below 100.00 Euro are subject to a small quantity mark-up of 4,20 Euro. Orders with a net good value of less than 50.00 Euro are not accepted. For direct deliveries to third parties we shall apply a flat rate surcharge of 4,20 Euro per order and delivery address. Deliveries to third parties upon request.

d)

Shipping costs

I. Shipping costs within Germany

Shipping and related costs excluding cargo shipments, for orders by email, fax and telephone:

For packaging and transport EUR 4.20 including VAT for each package up to 31 kg within Germany.

Freight and cargo charges:

We shall charge the actual incurred shipping charges on the invoice. You do not have to pay any charges upon receipt. Upon request, we will inform you about transport charges before shipping.

Here you can find the costs for orders by our internet shop via www.pedalo.de:

 The actual incurred shipping charges will be displayed at the end of your order.

II. Shipping costs to foreign countries

Shipping and related costs excluding cargo shipments, for orders by email, fax and telephone:

The shipping costs dependent on country, volume, weight and quantity. They are therefore in accordance with our Terms 3a) communicated in our order confirmation. Gladly also to request in advance.

Here you can find the costs for orders by our internet shop via www.pedalo.de:

Depending on the country of the shipping address and depending on the order value the shipping charges vary. The actual incurred shipping charges will be displayed at the end of your order.

We make partial deliveries, if it is advantageous for a speedy settlement, economically useful and reasonable for you. This is especially true, if there are great variations between the delivery time of different products. So that you receive your goods as quickly as possible.

 

4. Packaging

If the purchaser wishes, he or she may return all transport packaging material to us. The purchaser shall pay all return related shipping charges.

 

5. Payment Conditions

a)  All invoices to consumers shall be paid within 10 days of the date of the invoice and in the amount of the invoice, unless other agreements have been made.
b)

Persons known to us as entrepreneurs or legal entities governed by public law shall apply each agreed terms of payment.

c) The debtor is in default no later than 30 days after payment was due or after receipt of invoice.
d) We reserve the right to partial billing in case of partial deliveries, if just and reasonable to the purchaser.
e) Invoices for services and assembly are payable immediately and without any deduction. This shall also apply to persons stated in article 7 b.
f) In the case of default, we apply a 5 (five) percent interest charge over and above the European Central Bank’s prime rate based on the amount which is in arrears. If any of the agreed upon partial payments are late, then the total amount is payable and due immediately.
g) We reserve the right to deliver goods to new clients, clients residing in foreign countries, and in justified cases only on the basis of advance prepayment.
h) Orders via our internet shop are payableby advance prepayment or by PayPal.
i) Payments of clients residing in foreign countries are only accepted by using SEPA (using IBAN and BIC). If we receive a regular transfer with bank account number and bank code the emerging coast will be charged to the customer

 

6. Delivery Time and Conditions

a)  Unless otherwise agreed, we only consider delivery times and terms as non-binding approximated dates.
b) We shall not be in default, if any delay in delivery is due to the purchaser who failed to clear up technical questions ahead of time.
c) In the event of a delay in delivery, we shall only be liable and pay damages in the case of gross negligence or an intentional act on our part.
d) If the delay in delivery is due to changes or additions, which the customer wishes after the contract was concluded, any resulting consequences are the customer’s sole responsibility.
e) The Purchaser shall accept the ordered goods after disposal. Any damages resulting in delayed acceptance shall be the sole responsibility of the purchaser.
f) Shipment to a packstation is not possible.

 

7. Defects, Warranties, Transport Damages

Our customer service will help you, if you received defective merchandise.

a) If the merchandise is defective after the risk passed to the purchaser, then he has the right to a claim as provided by law. Companies shall only have the right to a claim, if they completed all duties to examine and notify as provided by law.
b)  Warranties do not limit lawful claims (especially those like supplementary performance, reduction, resign and compensation) and are in force from the time of delivery of the merchandise to the customer to the time the stated warranty term is expired. In the case of a warranted claim, the customer may return the merchandise free of charge to the address stated in article 7 e) of Holz Hoerz GmbH (grantor of the warranty). At our discretion, we will either replace or repair the returned merchandise. The warranty does not cover normal wear and tear and damages caused by the purchaser. The warranty shall not apply in case of sales contracts which the purchaser has entered into during the course of commercial activities or self-employment.
c) We shall not be liable for damages or malfunctions caused by faulty operations or use, and by the use of force, or the normal wear and tear after passing of risk.
d) Small, reasonable deviations among models in terms of form, color, and size, especially in the case of subsequent deliveries and technical changes due to further development do not constitute defects.
e)

Your contractual partner is:

Holz-Hoerz GmbH
Dottinger Str. 71
72525 Münsingen
Geschäftsführer: Axel Gieseke, Martin Moser
Tel.: +49 (0) 7381-9357-0 (customer service)
Fax:  +49 (0) 7381-9357-40
E-Mail: info@pedalo.de

Recorded at the Civil Court Stuttgart HRB 370298, 

VAT Identification No DE 197560554

Here you may file any claims.

 

8. Right to return

Instead of the right to rescind the contract, you shall have a right to return about which we shall inform you:

 

Return instructions

Right to return

You have the right to return any merchandise within one month of receipt and without stating any reasons. The time period starts at the earliest with receipt of merchandise and these instructions in writing (e.g. a letter, fax, e-mail) but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first part delivery) and not before we have fulfilled our duties of information in accordance with article 246 § 2 in conjunction with § 1 paragraph 1 and 2EGBGB as well as our duties in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. You may only send a written demand for return (e.g. by letter, fax, or e-mail) in the case of merchandise which cannot be packaged (e.g. bulky goods). In order to keep the return term, it is sufficient that either the merchandise or the demand for return was sent in

time.By a merchandise value of 40,00 Euro the return shall be on our risk and shall be paid by us. The return or the demand for return shall be directed to the following mailing address:

Holz-Hoerz GmbH
Dottinger Str. 71
72525 Münsingen
Fax: +49 (0) 7381-9357-40
E-Mail: info@pedalo.de

 

Return consequences

In case of a proper return, the mutually received benefits shall be returned and compensation for possible usage (e.g. benefits of use) shall be made. If the merchandise’s condition

has changed for worse, then we shall be entitled to compensatory damages. In the event, the worsening condition was caused within the due course of testing it, just like you could

have tested it in a store, then we shall not be entitled to compensatory damages. You can avoid compensatory damages, if you do not use the merchandise like an owner would, and refrain from any and all what could possibly affect its value.

 

End of the return instructions

Please note, that you are not entitled to return the merchandise, if

a)  It was specifically made to your specifications, or your personal needs, or if it is not suitable for return due to its properties
b) You are a legal entity or purchase the merchandise for the purpose of your own commercial or self-employed business activity.

 

9. Reservation of Title

The merchandise shall remain our property until paid in full. The consumer shall not resell the merchandise until all obligations arising from the purchase have been fully settled.

If the purchaser has bought the merchandise in connection with his commercial or self-employed business activities, then he may resell the merchandise during due course of business operations. In this event, the purchaser shall assign its, his or her claim arising from the resell in the amount of our invoice in advance to us. We accept this assignment. The purchaser shall be entitled to collect the claim even after assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the buyer is not in delay of payment.

 

10. System security, electronic orders, data protection

The protection of your personal data is an important concern. Your data is protected in accordance with legal. Personal data (for example name, address, date of birth, email) we collect only if you provide this information voluntarily, for example during an order. We store and use personal data to fullfill our contractual relationships with you. Third person received your personal information only if this is necessary for contract performance or if you have previously given your express consent. For contract execution we give the data usually to the supplier / the forwarder. If it is necessary for the settlement, the accounting data is transferred to other Service Providers or third parties. If your personal data is no longer needed for contract performance, we will disable the data and delete them after the commercial and tax law retention periods. For own or other promotional purposes we will only use your data or give it to any third party, if you have consented or if you have raised no contradiction (if consent is not required by law). Your email address or phone number we will only use for advertising, if you have expressly agreed. You may revoke your consent to use and transmit your data for promotional purposes at any time with an informal notification. Please forward your revocation in writing to Holz-Hoerz GmbH; Dottinger Str. 71, D-72525 Münsingen; Email: info@pedalo.de

Under the Federal German Data Protection Act you have the right to free information about the stored data, and also the right to correct, block or delete any data

Our online-shop uses encryption technology and save server to save you privacy (SSL).

 

11. Changes, Modifications, Jurisdiction, applicable Law

In the event that one or several of these terms and conditions are invalid wholly or in part, this shall not affect the validity of the remaining terms and conditions. Deviating agreements shall only be made in writing. If the client is a qualified business man or woman, a legal entity governed by public law or constitutes special funds under public law, then jurisdiction shall be Münsingen.

If the final customer, is a private individual, and does not reside within the European Union, then jurisdiction lies at our place of business. For business transactions with final customers

residing within the European Union, jurisdiction may be at the final clients’ domicile, if made mandatory due to consumer law regulations. If foreign law is not mandated, then German law is applicable to all business transactions between us and the purchaser. German law shall apply to the exclusion of UN Sales Convention. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.

- Holz-Hoerz GmbH -