Terms and conditions
Terms and conditions 1. general All sales and deliveries shall be made exclusively on the basis of the following terms and conditions of sale, delivery and payment. (Purchase) conditions of the buyer shall only apply insofar as they do not contradict our General Terms and Conditions. Deviating conditions of the buyer require our written consent. The provisions of the UN Convention on the Assignment of Receivables in International Commercial Transactions shall be deemed to have been agreed now, subject to a condition precedent as of the moment of their entry into force. By placing an order / acceptance of goods, the buyer confirms the acceptance of goods and the payment obligation on his part. Hanse Home Collection GmbH can, without giving reasons, withdraw from the contract if it is to be assumed that the delivery to the buyer represents a financial risk for it. 2. delivery The method of delivery and the settlement of the costs incurred are determined individually, or result from the regular practices of the business relationship. The transport risk shall always be borne by the buyer. 3. delivery time Payment for previous partial deliveries cannot be refused due to overdue quantities within the framework of the payment conditions of Hanse Home Collection GmbH. Fixed dates are only valid after explicit written confirmation by Hanse Home Collection GmbH. 4 Payment (1) In the absence of further agreements, payment shall be made in cash upon delivery of the goods. Upon acceptance of the goods, the purchaser confirms the obligation to pay within the agreed payment period. The costs for delayed payment shall be calculated in accordance with the statutory regulations. The purchaser shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or acknowledged. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same legal relationship. This shall also apply in the event of financial collapse of Hanse Home Collection GmbH. 5 Maturity Unless otherwise agreed, the purchase price claim shall become due immediately upon delivery of the goods to the Buyer. Subject to a specific payment deadline, the purchaser shall be in default of payment at the latest if he does not make payment within 15 days of the due date. If the purchaser defaults on payment of a claim in whole or in part, all existing claims shall become due for payment immediately. 6. retention of title (1) Hanse Home Collection GmbH retains title to the delivered goods until the purchase price has been paid in full and until all outstanding amounts from the business relationship have been paid, including all balance claims from purchase contracts or current account relationships, among others, as well as any refinancing or reverse bills of exchange. (2) By processing these goods of Hanse Home Collection GmbH, the Purchaser shall not acquire ownership of the wholly or partially manufactured items; the processing shall be carried out free of charge exclusively for the Seller. Should the retention of title nevertheless expire due to any circumstances, the Seller and the Buyer agree already now that the ownership of the items shall pass to the Seller upon processing, who shall accept the transfer of ownership. The Buyer shall remain their free custodian. In the event of processing with goods still owned by third parties, the Seller shall acquire co-ownership of the new items. The extent of this co-ownership shall be determined by the ratio of the invoice value of the goods delivered by the Seller to the invoice value of the other goods. The Buyer shall be entitled to sell the goods subject to retention of title in the ordinary course of business; however, the Buyer shall not be entitled to assign or pledge the goods subject to retention of title as security. The Buyer hereby assigns by way of security to Hanse Home Collection GmbH the claims arising from the resale of the reserved goods, including any balance claims, irrespective of whether the goods were sold without or after combination or mixing. Hanse Home Collection GmbH shall release the aforementioned securities at its discretion at the Buyer's request, insofar as they exceed the value of the secured claims by more than 20%. (3) In the event of access by third parties to the goods subject to retention of title, the Purchaser shall point out the ownership of Hanse Home Collection GmbH. In the event of payment arrears, Hanse Home Collection GmbH shall be entitled at any time to demand information as to where goods delivered by it under retention of title are located or to whom the Buyer has resold the goods, if applicable. In the event of payment arrears or other significant breaches of contract, Hanse Home Collection GmbH is entitled to demand access to the delivered goods subject to retention of title at any time, e.g. in order to take an inventory or photograph them. Hanse Home Collection GmbH may take the goods on the basis of the retention of title and/or demand their return if it has withdrawn from the contract. In cases of combination or mixing or resale of delivered goods subject to retention of title together with other goods, Hanse Home Collection GmbH is entitled to demand information on which other items from which other suppliers the combination, mixing or resale has taken place with and at what exact value proportions, in order to enable Hanse Home Collection GmbH, in particular in the cases of the above paragraph 2, to determine and realize the exact value of the goods subject to retention of title within the meaning of paragraph 2. In addition, Hanse Home Collection GmbH may at any time demand the separate storage or labeling of Collateral Assets within the meaning of Paragraphs 1 and 2 above if there is a risk of confusion or lack of distinguishability with any Collateral Assets of third parties. Further claims, irrespective of their legal basis, e.g. for damages, shall remain unaffected in all cases of the above provisions / above paragraphs. (4) Any return of goods shall always be made only as a precautionary measure; even if partial payments were subsequently permitted, this shall not constitute a withdrawal from the contract. 7. collection authorization The buyer may, as long as he meets his payment obligations, until revocation, collect the outstanding debts for himself. With a suspension of payments, application for insolvency proceedings, a protest of a check or bill of exchange or a seizure that has taken place, the right to resell or process the goods and to collect the outstanding debts shall expire. Assigned accounts receivable received thereafter shall immediately be accumulated in a special account. 8. warranty Complaints due to obvious defects must be made in writing by the buyer within 3 days after receipt of the delivery. Hidden defects must be reported in writing within 7 days, but no later than 3 months after delivery. In the case of timely and justified complaints, Hanse Home Collection GmbH shall, at its discretion, provide a replacement free of charge or make improvements. For this purpose, it shall have a reasonable period of at least 4 weeks from receipt of the written notice of defect. If a defect cannot be remedied either by repair or replacement, the purchaser may demand a reduction in the purchase price. 9. data protection Hanse Home Collection GmbH is entitled to collect, store, process and use information and data about the Purchaser and to pass them on to third parties, in particular for the purpose of debt collection or outsourced accounts receivable management for storage, processing and use. Hanse Home Collection GmbH will store and process purchaser data in computerized form as far as this is necessary for business purposes and permitted by law. 10. other If advertising materials or promotional items are provided to the buyer free of charge, these must be returned to Hanse Home Collection GmbH upon termination of the business relationship. 11. place of jurisdiction The place of jurisdiction for all legal disputes arising from the contractual relationship is the registered office of Hanse Home Collection GmbH, insofar as the purchaser is to be regarded as an entrepreneur. The place of performance is the registered office of Hanse Home Collection GmbH / Pinneberg Local Court. 12. rights of set-off/retention The Buyer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or acknowledged; furthermore, he shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same legal relationship. This shall also apply in the event of a deterioration of the Seller's assets. 13. severability clause The possible invalidity of individual provisions shall not affect the validity of the remaining conditions.
