General terms and conditions

Version: 2.0 - Status 28.02.2018

§ 1 Scope & Defense Clause

1. For the legal relations between the operator of the shop (Gabionenbau HS GmbH) and his customers established via this Internet shop (HS Gabionenbau GmbH), the following General Terms and Conditions apply exclusively in the respective version at the time of the order.
2. Deviating general terms and conditions of the customer will be rejected.

§ 2 Conclusion of the contract

1. The presentation of the goods in the internet shop does not constitute a binding offer by the supplier to conclude a sales contract. The customer is thereby merely requested to submit a binding offer by placing an order.
2. By sending the order in the Internet shop, the customer makes a binding offer directed to the conclusion of a purchase contract for the goods contained in the shopping cart. Before concluding the order, the customer has the opportunity to check his order for input errors and to correct them by clicking on the hyperlink assigned to the data. By submitting the order, the customer also accepts these terms and conditions as the sole authoritative basis for the legal relationship with Gabionenbau HS GmbH.
3. The supplier confirms the receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not represent yet the acceptance of the contract offer by the offerer. It merely serves to inform the customer that the order has been received by the provider. The explanation of the acceptance of the contract offer takes place by the distribution of the commodity or an express declaration of acceptance.

§ 3 Retention of title

The delivered goods remain the property of Gabionenbau HS GmbH until full payment has been received.

§ 4 Due date, payment, prices

1. Payment of the purchase price is due upon conclusion of the contract.
2. Payment method: prepayment, Paypal (direct debit, credit card via PayPal)
3. With direct debit, credit card is debited at the earliest with dispatch of the commodity, with Paypal directly after execution of the transfer.
4. In the case of a return debit note for which the customer is responsible:
   
   1. the customer undertakes to reimburse the costs incurred (e.g. return debit and processing costs).
   2. Can the claim including additional costs be assigned to a debt collection agency.
5. All prices are shown in Euro (€) and are final prices (incl. VAT) - plus VAT.
   Shipping costs - Shipping costs are calculated on the basis of the order quantity and indicated before conclusion of the contract.

§ 5 Delivery

1. Deliveries are made by parcel service or forwarding agent (depending on volume) - the delivery costs are offered by Gabionenbau HS GmbH before conclusion of contract.
   The delivery is made to the delivery address indicated by the customer on the German mainland.
   Unless otherwise agreed, transport by freight forwarder includes the delivery of the goods by road, which can be driven by lorries, to the unloading point at the vehicle, but does not include further transport to the place of use or storage.
2. The delivery time (until the delivery to the parcel service / forwarder) is usually 2 - 4 working days.
   The indicated delivery time begins after receipt of payment by Gabionenbau HS GmbH.
   The delivery of parcels takes place Monday - Saturday - except holidays.
   The delivery of forwarding deliveries takes place on weekdays from Monday - Friday - except holidays.
3. In the case of the return of delivered goods (e.g. material not required), the seller reserves the right to demand a processing fee of 15% of the return value. The goods must be delivered by the customer to the registered office of Gabionenbau HS GmbH in Garham for its own account. For this purpose, the goods must be undamaged. The seller may refuse to take back certain products.

§ 6 Warranty

1. The customer's warranty rights shall be governed by the general statutory provisions unless otherwise specified below. For claims for damages of the customer against the supplier the regulation in § 6 of these AGB applies.
2. The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items and 1 year for used items. For entrepreneurs, the limitation period for newly manufactured goods and for used goods is 1 year. The aforementioned shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health as well as to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above shortening of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. The right of recourse according to § 478 BGB (German Civil Code) is also excluded from the shortening of the limitation periods in respect of entrepreneurs.
3. Gabionenbau HS GmbH does not give any guarantee.

§ 7 Disclaimer

1. Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
2. Excluded from the exclusion of liability specified under item 1 are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty on the part of the provider, its legal representatives or vicarious agents.
3. The provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.
4. Damage in transit, defects
   The customer shall have obvious, external transport damage confirmed in writing by the deliverer/transporter when the consignment is handed over.
   The legal rights and obligations of the customer are not limited by this.
   Should the customer discover obvious defects of any kind in the packaging or the goods upon delivery, the customer shall notify Gabionenbau HS GmbH in writing shortly after receipt of the goods.

§ 8 Revocation

A right of revocation does not exist for the following contracts:

1. Contracts for the supply of goods which are not prefabricated and the manufacture of which is based on an individual choice or destination by the consumer or which are clearly tailored to the personal needs of the consumer.

§ 9 Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, unless the customer proves a justified interest in the assignment or pledging.

§ 10 Offset

The customer shall only have a right of set-off if his claim for set-off has been legally established or is undisputed.

§ 11 Choice of law & place of jurisdiction

1. The contractual relations between Gabionenbau HS GmbH and the customer shall be governed by the laws of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
2. The contract language is German.
3. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and Gabionenbau HS GmbH is the registered office of Gabionenbau HS GmbH, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 12 Severability clause

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

Contact information:

Gabionenbau HS GmbH
Gewerbepark Garham 7
D-94544 Hofkirchen/OT Garham

Commercial register AG Passau, HRB 6875
Represented by the managing directors:
Cornelia Hasenberger-Sigl, Michael Hasenberger
Phone: +49 8541 90 33 5 - 14 (German telephone)
E-Mail: