Terms of service
Scope of application
These terms and conditions apply to all purchases made from HK-Engineering Handels GmbH [https://shop-hk-engineering.myshopify.com/policies/legal-notice] by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
We reserve the right to change the terms and conditions from time to time without notice. The version of the Terms and Conditions applicable to your order will be the one published on store.hk-engineering.com at the time you place your order. You will receive a copy of them with your order confirmation. The Terms and Conditions in effect at the time of your purchase are not stored by us or can be requested from us, so please keep the copy attached to your order confirmation.
Conclusion of contract
The presentation of our goods and the granting of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract.
Through your order you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you provided.
Prices and shipping costs
The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details at [https://shop-hk-engineering.myshopify.com/policies/shipping-policy]. You shall bear the regular costs of the return shipment, which are incurred in the event that you return the goods in exercise of your right of revocation [https://shop-hk-engineering.myshopify.com/policies/refund-policyentstehen].
Payment is made upon delivery by
- credit card
Default of payment
If you are in default of payment, HK-Engineering Handels GmbH shall be entitled to charge default interest at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If HK-Engineering Handels GmbH can prove that it has incurred higher damages due to the delay, HK-Engineering Handels GmbH shall be entitled to assert such damages.
Right of retention
The client shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) Delivery shall be made to the delivery address specified by the customer, within
- Outside of Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform on the part of HK-Engineering Handels GmbH shall be excluded. Amounts already paid shall be refunded by HK-Engineering Handels GmbH without delay.
(3) HK-Engineering Handels GmbH may also refuse performance insofar as this requires an effort which, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the interest of the customer in the performance of the purchase contract. Amounts already paid shall be refunded by HK-Engineering Handels GmbH without delay.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. HK-Engineering Handels GmbH expressly points out that these goods will not be carried into the house.
Retention of title
The delivered goods remain the property of HK-Engineering Handels GmbH until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the client may neither resell nor dispose of the goods; in particular, the client may not contractually grant third parties any use of the goods.
(1) If a product is already defective upon delivery (warranty case), HK-Engineering Handels GmbH shall, at the option of the customer and at the expense of HK-Engineering Handels GmbH, replace it with a defect-free product or have it professionally repaired (subsequent performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, HK-Engineering Handels GmbH shall not provide any warranty for a defect that has been caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of subsequent performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account - the customer's claim shall be limited to the respective other type of subsequent performance. The right of HK-Engineering Handels GmbH to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.
(4) Both in the case of repair and in the case of replacement, the customer shall be obliged to send the product at the expense of HK-Engineering Handels GmbH to the return address specified by it, stating the order number. Before sending in the product, the customer must remove any objects inserted by him from the product. HK-Engineering Handels GmbH is not obliged to inspect the product for the insertion of such items. HK-Engineering Handels GmbH shall not be liable for the loss of such items unless it was readily apparent to HK-Engineering Handels GmbH at the time of taking back the product that such an item had been inserted into the product (in this case HK-Engineering Handels GmbH shall inform the customer and keep the item ready for collection by the customer; the customer shall bear the costs incurred in doing so). In addition, before sending a product for repair or replacement, the customer shall, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if HK-Engineering Handels GmbH is responsible for the deterioration or destruction or the damage would also have occurred at HK-Engineering Handels GmbH,
c) if the deterioration or loss occurred at the customer's premises although the latter had exercised the care that he is accustomed to exercising in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.
(9) The legal warranty of HK-Engineering Handels GmbH ends two years after delivery of the goods. The period begins with the receipt of the goods.
(1) In the event of slight negligence, HK-Engineering Handels GmbH shall be liable only in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. HK-Engineering Handels GmbH shall not be liable for any other damage caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of any fault on the part of HK-Engineering Handels GmbH, any liability on the part of HK-Engineering Handels GmbH shall remain unaffected in the event of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by HK-Engineering Handels GmbH.
(3) HK-Engineering Handels GmbH shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.
(4) The personal liability of the legal representatives, vicarious agents and employees of HK-Engineering Handels GmbH for damage caused by them through slight negligence shall be excluded.
The contract concluded between you and HK-Engineering Handels GmbH shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [registered office of the company: 82398 Polling, registration court: Munich Local Court, registration number: HRB 192106].
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and Section 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.