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H.H.G. group Ltd.
Terms and conditions for private clients (D)
(Amended in March 2004)
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| 1. |
scope |
| 1.1 |
For all mutual claims, and related to a sales contract between the customer and H.H.G. group Ltd. The catalog mail order are always these general conditions in their at the time of the conclusion of a contract valid version, under involvement of the Special Conditions of H.H.G. group Ltd. For the various services that are not a product subject to the order. The specific terms and conditions of services are offered at each of the services.
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| 1.2 |
In the case of a collision between the rules apply as ranking:
- Specific terms and conditions of each Services;
- these Terms and Conditions;
- Legislation.
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| 2. |
participants |
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H.H.G. group Ltd. Close contracts with customers, the a) unlimited natural persons, those over 18 Age, and with b) legal entities, each resident or domiciled in the Federal Republic of Germany, a member country of the European Union or Switzerland (hereinafter referred to as "customers"). As far as the offer of a non-participant accidentally accepted by H.H.G. group Ltd. Adopted, H.H.G. group Ltd. Within a reasonable time for the explanation of the resignation of the contract to the customer.
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| 3. |
purpose of the contract |
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H.H.G. group Ltd. The returns from the customer ordered goods or provides services to supply assumption. If H.H.G. group Ltd. Subsequently recognize that for H.H.G. group Ltd. For example, an error with respect to a product at a price, or the ability to deliver, it will H.H.G. group Ltd. The customer of this immediately. This is the contract under the changed conditions. Otherwise, is H.H.G. group Ltd. To cancel the contract. If there are to resign, then H.H.G. group Ltd. Obliged to delay such advances and / or advance payments credited, or on request by check or wire transfer repaid. If a business-funded, shall Paragraph 4.4. Correspondingly.
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| 4. |
contract conclusion of Use |
| 4.1 |
The contract comes through the adoption of customer orders by H.H.G. group Ltd. Happen. The client waives the right to a declaration of acceptance, § 151 sentence 1 BGB. About the conclusion of the contract, the customer either from H.H.G. group Ltd. Taught by a confirmation or at the latest by executing the delivery of ordered goods or by the offer or the provision of services. If the customer orders via the Internet, it will H.H.G. group Ltd. However, the access delay of orders electronically.
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| 4.2 |
Due to the statutory right of the customer comes through the appointment and its acceptance by H.H.G. group Ltd. Initially a valid contractual relationship established. The customer can have his contract explanation within 14 days without giving reasons in writing (eg, letter, fax, e-mail) or by returning the purchase of goods. The period begins with receipt of the goods at the customer, at the earliest, but with the receipt of this instruction. The revocation period is sufficient to send the revocation or commodity. The withdrawal is to be sent to:
H.H.G. group Ltd.
Vom-Stein-Str .45
D-41539 Dormagen
Fax: 01805 / 119779 -315 *
* (0.14 € / min-StarTel.de) |
| 4.3 |
revocation consequences In the case of a revocation effective on both sides received benefits back. Can the customer received the money in whole or in part or in bad condition, the customer extent appropriate value. This does not apply if the deterioration of the product exclusively on their examination as the customer possible in a shop would be. Moreover, the customer value obligation avoided by the matter not as an owner and utility takes any action that would affect the value. Things package is returned. Is a return of the goods because of the weight or Sperrigkeit as a package is not possible, it is sufficient if the customer within the 14-Tages-Frist a written request to withdraw H.H.G. group Ltd. From the receipt of the goods sent. When returning from a goods delivery, the total order value to € 40.00 is, the customer the cost of returning to bear if the delivered goods ordered. Otherwise, the return for the customer free of charge.
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| 4.4 |
financed transactions If the customer has this contract financed through a loan and he makes from his contract, so he is in the loan agreement is no longer bound when both Verträ ge an economic unit. This is particularly accept if H.H.G. group Ltd. While the lenders of the customer, or if the lender of the customer in terms of financing the participation of H.H.G. group Ltd. Served. If the H.H.G. group Ltd. The loan to effect the revocation already received it, the customer due to the settlement not only return to the H.H.G. group Ltd. Wenden, but also to the lender. |
| 4.5 |
exclusion of the right of
A) The right does not apply for such special services from H.H.G. group Ltd. In their specific terms and conditions for a right of exclusion, such as For the following product groups:
- image, sound and data carrier, CDs, DVDs, software, as far as sealing their open or downloaded online (s);
- newspapers, journals and magazines;
- goods, which according to customer specifications, or be customized to the unique needs of individual customers;
- goods which by their nature are not for a return or are capable of quickly spoil.
B) If the customer place an order for the following products or product groups in H.H.G. group Ltd. , Is a right also excluded, since these goods by their nature are not returning for a suitable are:
- books, as far as the protective cover is opened or downloaded online;
- goods, which according to customer specifications of standard components to be configured, such as Individually configured computer hardware with / without software installations, or as soon as those used in the operation;
- From the customer designed kits and parts that the customer already built;
- batteries, batteries, cables, lighting equipment, semiconductors, hygiene articles or similar articles, as far as the sealing or packaging has been opened;
- bulk goods, consumer materials;
- Special orders of the customer, such as Especially for the customer ordered spare parts, etc.
- prepaid cards or packs, in which the phone card was used or PIN-Brief open.
end of the revocation notice. |
| 5. |
availability reservations: |
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If H.H.G. group Ltd. After the conclusion of the fact that the ordered goods or services is no longer at H.H.G. group Ltd. Available for legal reasons or not delivered, is able H.H.G. group Ltd. Either in quality and price equivalent product or service or cancel the contract. Already received payments H.H.G. group Ltd. Immediately following the rescission of the contract by H.H.G. group Ltd. Or the customer.
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| 6. |
delivery |
| 6.1 |
H.H.G. group Ltd. Overall, the risk of damage or loss of goods in transit to the customer. This calculated H.H.G. group Ltd. 0.85% of the contract value. H.H.G. group Ltd. When asked incomplete deliveries or damage during transit to notify within 24 hours.
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| 6.2 |
Bestellt der Kunde eine Lieferung nach dem 24-Stunden-Service und trifft die Ware auch nicht innerhalb einer im Einzelfall möglichen vertretbaren Kulanzzeit ein, ist der Kunde berechtigt, vom Vertrag zurückzutreten und die Ware to H.H.G. group Ltd. Return. Claims for damages in this case are excluded, unless H.H.G. group Ltd. True intent or gross negligence.
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| 7. |
price, payment terms |
| 7.1 |
The prices in the catalog and retail prices are included on the date of issue of a value added tax. If a value added tax increase after the publication of the catalog, H.H.G. group Ltd. To calculate the increase in value added tax rate justified. The increase in the books market is H.H.G. group Ltd. Because of price fixing to pass on price increases justified.
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| 7.2 |
On the bill are beside the net price for the commodity prices for supplementary services expelled: packaging, shipping, 24-hour service, insurance, which at the time of invoice status gü ; ltige VAT etc.
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| 7.3 |
When ordering on the home pages for residential customers of H.H.G. group Ltd. Are not the catalog prices, but on the homepage prices.
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| 7.4 |
H.H.G. group Ltd. Reserves used to hedge credit risk in each case, certain types of payments exclude and requested deliveries only against advance payment, COD or immediate payment upon delivery.
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| 8. |
retention of title |
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H.H.G. group Ltd. Reserves ownership of all goods, which he delivered to a customer, up to the final and complete payment for the goods delivered. If H.H.G. group Ltd. In the context of ensuring a commodity exchanges is already agreed that the ownership of the goods exchanged mutually in the time from customers on H.H.G. group Ltd. , Or vice versa, within which one H.H.G. group Ltd. The goods will be returned by the customer and the customer will exchange supply of H.H.G. group Ltd. .
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| 9. |
ensuring |
| 9.1 |
H.H.G. group Ltd. Ensure that the products at the time of handover of some properties have agreed or are free of material defects, ie That it is for the contract anticipated uses or suitable for ordinary use, and a suitable characteristics, which in matters of the same type is used and the seller by type of thing and / or the announcement of H.H.G. group Ltd. And the manufacturer can expect.
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| 9.2 |
The customer has the goods immediately after receiving the package is complete and if there are any shortcomings to verify this at the latest within two weeks of receipt, and in the case of a deviation immediate deficiencies will send. When hidden defects is the message, certainly within the warranty period.
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| 9.3 |
The duration of the warranty is two years. It begins with the access of goods to the customer.
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| 9.4 |
In the case of the defect, the customer in accordance with § 439 BGB demand the removal of the defect or the delivery of a defect. H.H.G. group Ltd. May as part of Section 439 by the buyer requested type of performance, if only at disproportionate cost possible. If a repair under the elimination of a defect in the second trial also is not given, then the scope of § 439 BGB entitled to the delivery of a defect, or to ask to reduce the purchase price or the contract. The resignation is excluded, if the defect is insignificant and inconsequential.
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| 9.5 |
damage claims due to defects of the things are excluded, unless that H.H.G. group Ltd.
The shortcomings fraudulently kept secret, or a guarantee for the quality of the goods or culpably damage to life, health or body may have caused.
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| 9.6 |
condition for warranty claims is that the shortage is not due to improper use or excessive demands upon it. If a defect later than 6 months since the handover, the customer must prove that the matter from the transfer of risk was poor. Otherwise, it is H.H.G. group Ltd. Liberty to cause the matter to surrender any material defects.
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| 10. |
liability |
| 10.1 |
H.H.G. group Ltd. Its management and its employees are liable in cases of positive breach, default on the contract is concluded, delay, impossibility, tort, as well as from other argument with intent or gross negligence. In the event that fault damage to life, health or body emerged, in the case of culpable violation of contractual obligations Cardinal (main contract obligations) or fraudulent deception, and in the event of a claim damages under § 437 Paragraph 2 BGB liable H.H.G. group Ltd. In the legal scope. Only in the event of violation of cardinal obligations, the liability for employees of H.H.G. group Ltd. Limited to the typical, predictable damage. Indirect claims are thus excluded. In the event of default, the business customers an alternative to the damages the right to rescind the contract.
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| 10.2 |
In the event of data loss liable H.H.G. group Ltd. Only if the customer database regularly at least once a day demonstrably secure. Otherwise, except for cases of intent or gross negligence liability.
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| 10.3 |
The extent of liability of H.H.G. group Ltd. According to the product liability law remains unaffected.
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| 10.4 |
The above provisions (9 and 10) indicate the full extent of liability of H.H.G. group Ltd., Its management and its employees. A further liability will be excluded.
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| 11. |
right choice |
| 11.1 |
on the legal relations between H.H.G. group Ltd. And customers, and to the respective terms and conditions are subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods, 11.04.1988 is excluded.
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| 11.2 |
The provisions of paragraph 10.1 let mandatory provisions of the law of the State in which the customer has his habitual residence, unaffected, if and when the customer is a sales contract, of the non-professional commercial activity, or the customer can be attributed to (consumer contract), and if the customer at the conclusion of the purchase agreement required acts in the country of his habitual residence.
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| 12. |
Miscellaneous |
| 12.1 |
A right of the customer to set-off or retention is not, unless the claim is disputed or declaratory judgment. |
| 12.2 |
fulfillment is for payments on the business headquarters of H.H.G. group Ltd. .. For deliveries, the place of performance, either to H.H.G. group Ltd. Or the dispatch of the first consignor, for H.H.G. group Ltd. Intervened.
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| 12.3 |
If individual provisions of this Treaty, in whole or in part is not legally his or her legal effect later lost its way, the validity of the contract would not be affected. In this case the parties agree to, instead of the ineffective an effective regulatory regime to agree that, as far as legally possible, with the ineffective regime pursued economic purpose in the light of this contract reflects the interests of the parties came next comes. The same applies if the agreement of the parties, an unforeseen loophole.
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| 12.4 |
exclusive jurisdiction is Neuss or another legal jurisdiction after election of H.H.G. group Ltd. Insofar as the customer is a merchant in terms of the Commercial Code, or a public corporation.
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| 13. |
Privacy |
| 13.1 |
Your address is for a fast and accurate processing in our computer. The treatment of the data is carried out in accordance with the provisions of the Federal Data Protection Act and the Teleservices Data Act.
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| 13.2 |
For purposes of credit assessment and monitoring of credit from us is a data exchange with other credit-service companies such as The Debt.
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| 13.3 |
We keep it in front of us, other companies in your data permissible way to send information material to leave and keep us from these to their own advertising purposes. If you do not agree, send us a short message to H.H.G. group Ltd. Customer care, Vom-Stein-Str. 45, 41539 Dormagen or by fax to the number 01805 / 119779 -315 *. If the customer orders on the Internet, as is done with non-activation of the field "data use" no passing.
* (0.14 € / min-StarTel.de) |
| 13.4 |
Like other Internet offerings, we use "cookies" and other technologies to help you as our customers to recognize personalized services. In addition, we also understand the offers from our customers increasingly will be used and how long the time spent on them. If you are against the use of cookies, you can buy this in your browser accordingly. We would like to point out however that if some of the offers are not usable.
In addition, one of us, including the IP (Internet Protocol) addresses stored in aggregated to give access to our offers query. A personalized storage will not take place. |
| 13.5 |
H.H.G. group Ltd. Customers will not have the data in paragraphs 13.1 to 13.4 regulated extent, use or share.
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