Terms of service

1. Scope of Application

The following General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

With respect to entrepreneurs, these General Terms and Conditions shall also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual Partner, Conclusion of Contract

The purchase contract is concluded with Henneke Formbau GmbH.

By placing the products in the online shop, we submit a binding offer to conclude a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

A binding contract may also be concluded earlier as follows:

If you have selected PayPal as the payment method, the contract is concluded at the time you confirm the payment instruction to PayPal.

If you have selected SOFORT bank transfer as the payment method, the contract is concluded at the time the payment instruction to SOFORT GmbH is confirmed.

The language available for concluding the contract is German.

We store the contract text and send you the order details and our General Terms and Conditions by email. You can also view the General Terms and Conditions at any time here on this page. For security reasons, your past orders are no longer accessible via the internet.

3. Delivery Conditions

In addition to the stated product prices, shipping costs will be added. Further details on the amount of shipping costs can be found with the offers.

You generally have the option of collecting the goods from Henneke Formbau GmbH, Am Mühlengraben 4, 58849 Herscheid, Germany, during the following business hours: Monday to Friday from 9:00 a.m. to 3:00 p.m. — except on public holidays. Saturdays by appointment only.

We do not deliver to parcel stations.

4. Payment

The following payment methods are available in our shop:

PayPal

You pay the invoice amount via the online provider PayPal. As a rule, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. Further information will be provided during the ordering process.

SOFORT Bank Transfer

We also offer SOFORT bank transfer. In this case, we receive the transfer credit immediately, which speeds up the entire ordering process. All you need is your account number, bank code, PIN, and TAN. Via the secure payment form of SOFORT GmbH, which is not accessible to merchants, SOFORT bank transfer automatically and in real time initiates a transfer in your online banking account. The purchase amount is transferred immediately and directly to the merchant’s bank account. If you choose SOFORT bank transfer as your payment method, a pre-filled form will open at the end of the ordering process. This already contains our bank details. In addition, the transfer amount and payment reference are already displayed in the form. You must then select the country in which you have your online banking account and enter the bank code. Then enter the same details as when logging into online banking: account number and PIN. Confirm your order by entering the TAN. Immediately afterwards, you will receive confirmation of the transaction. In principle, any internet user can use SOFORT bank transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that SOFORT bank transfer is not yet available at a small number of banks. Further information on whether your bank supports this service can be found here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/

Amazon Payments

With Amazon Payments, you use the payment and shipping information stored in your Amazon account for payment. You only need your Amazon login details. As a rule, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. Further information on how to access the payment provider’s page will be provided during the ordering process.

5. Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

6. Retention of Title

The goods remain our property until full payment has been made. For entrepreneurs, the following additionally applies: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale in the amount of the invoice total, irrespective of whether the goods subject to retention of title are combined or mixed with a new item, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.

7. Transport Damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the notice regulated therein, the goods shall be deemed approved unless the defect was not recognizable during inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the shop.

9. Liability

For claims arising from damage caused by us, our legal representatives, or vicarious agents, we shall always be liable without limitation:

in the event of injury to life, body, or health;

in the event of intentional or grossly negligent breach of duty;

in the case of guarantee promises, insofar as agreed;

insofar as the scope of application of the German Product Liability Act is opened.

In the event of a slightly negligent breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on compliance with which the contractual partner may regularly rely, by us, our legal representatives, or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract and typically to be expected.

Otherwise, claims for damages are excluded.

10. Code of Conduct

We have submitted to the following codes of conduct:

Trusted Shops Quality Criteria
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

11. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.

12. Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, 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 between us and you shall be our registered office.

ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ARTICLE 14(1) ODR REGULATION AND SECTION 36 VSBG

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.