General Terms And Conditions
Terms and Conditions (T&C)
§ 1. Applicability
These terms and conditions in their current version apply to all contracts, deliveries, and other services provided by Hirsch Automation (hereinafter: Seller) to its customers.
Deviating general terms and conditions of the buyer do not apply unless the seller has expressly and in writing agreed to them.
§ 2. Conclusion of Contract
The presentation of goods in the online shop does not constitute a binding offer by the seller to conclude a purchase contract. The buyer is merely invited to submit an offer by placing an order.
The offers are non-binding and subject to availability. Minor deviations and technical changes from the images or descriptions are possible (printing errors, mistakes excepted). The images in the item descriptions are example photos that resemble the item.
By submitting the order in the online shop, the buyer makes a binding offer for the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the buyer also acknowledges these terms and conditions as exclusively applicable to the legal relationship with the seller.
The seller confirms receipt of the buyer's order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the seller. It merely serves to inform the buyer that the order has been received by the seller. The declaration of acceptance of the contract offer occurs through the delivery of the goods, issuance of an invoice, or an explicit declaration of acceptance.
In the case of auctions, the conclusion of the contract is governed by the terms and conditions of the auction house (usually by bid acceptance or expiration of time).
§ 3. Prices and Payment Terms
All prices are inclusive of VAT and are exclusive of shipping costs, which will be communicated to the buyer before placing the order (within the ordering process). Software, special accessories, installation, training, and other ancillary services are not included unless a different agreement has been made in writing.
Payment of the purchase price is due upon conclusion of the contract. In the event of a delay in payment, interest on arrears will be charged at 5 percentage points above the respective base rate according to § 247 BGB for buyers who are consumers as defined by § 13 BGB, and at 8 percentage points above the respective base rate for all others.
Delivery to the buyer is generally made only against prepayment by bank transfer, cash on delivery, or credit card payment. Bills of exchange or checks are not accepted.
The right of set-off is only available to the buyer if the claim to be set off is legally established or undisputed.
The exercise of the right of retention by the buyer is only possible if the counterclaim is based on the same contractual relationship.
§ 4. Delivery, Availability of Goods
Delivery times require written confirmation.
Partial deliveries by the seller are permitted as long as they are reasonable for the buyer.
The shipping method, shipping route, and the company commissioned with the shipment are determined by the seller unless the buyer provides explicit instructions.
In the case of delivery to a business, the risk of accidental loss or deterioration of the goods passes to the buyer upon handover; in the case of agreed shipping, it passes upon handover to the courier, freight forwarder, carrier, or any other person or company designated to carry out the shipment.
In the case of delivery to a consumer, the risk of accidental loss or deterioration of the goods passes to the buyer upon delivery and handover of the goods. Handover is deemed to have occurred if the buyer is in default of acceptance.
If the seller is unable to deliver the ordered goods through no fault of their own because the supplier fails to fulfill their contractual obligations, the seller is entitled to withdraw from the contract. This right of withdrawal exists only if the seller has entered into a congruent coverage transaction with the respective supplier (binding, timely, and sufficient order of the goods) and the non-delivery of the goods is not otherwise attributable to the seller. In such a case, the seller will inform the buyer immediately that the ordered goods are not available. Any payments made by the buyer will be refunded immediately.
If the seller is prevented from fulfilling a delivery obligation due to unforeseen events affecting the seller or their suppliers and the seller could not avert this with reasonable care, such as war, natural disasters, and force majeure, the delivery period will be extended appropriately. The seller will also inform the buyer immediately in this regard. The same applies to delivery delays due to legal or regulatory orders (e.g., import and export restrictions).
Both the buyer and the seller have the right to withdraw from the contract if the extension of the delivery time exceeds three months due to one of the aforementioned reasons.
Claims for damages by the buyer due to delay in performance are governed by the provisions in § 9 of these T&C.
§ 5. Right of Withdrawal for Consumers According to § 13 BGB
Right of Withdrawal
Consumers as defined by § 13 BGB have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Hirsch Automation, Henriette-Feuerbach Str. 5, 90574 Roßtal, Phone: 0911-13025215, Email: shop@hirsch-automation.de) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or an email). You can use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a different type of delivery than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day we receive your notice of withdrawal from this contract. For this reimbursement, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in any case, you will not incur any fees as a result of this reimbursement.
We may withhold the reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods promptly and in any event no later than fourteen days from the day you notify us of the withdrawal from this contract to:
Hirsch Automation
Henriette-Feuerbach Str. 5
90574 Roßtal
The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
Sample Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To:
Hirsch Automation
Henriette-Feuerbach Str. 5
90574 Roßtal
Phone: 0911-13025215
Email: shop@hirsch-automation.de
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
– Ordered on ()/received on ()
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notified on paper)
– Date
(*) Delete as applicable
Special Notes: The right of withdrawal does not exist for distance contracts
- for the delivery of goods made to customer specifications or clearly tailored to personal needs,
- for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer.
§ 6 Agreement on Cost Bearing When Exercising the Right of Withdrawal
You must bear the regular costs of returning the goods if the delivered goods correspond to the order.
§ 7. Acceptance; Returns
If the buyer is in default of acceptance or otherwise violates cooperation obligations, the seller is entitled to claim a flat-rate compensation of 10% of the purchase price. Compensation is to be set higher or lower if the seller proves a higher or the buyer proves a lower loss. Further claims remain reserved.
For the duration of the buyer's default of acceptance, the seller is entitled to store the delivered goods at the buyer's risk with themselves, with a freight forwarder, or with a warehouse keeper. During the duration of the default of acceptance, the buyer must pay a flat fee of 15 euros per month for the resulting storage costs without further proof. The flat-rate compensation will be reduced to the extent that the buyer proves that expenses or damage did not occur or did not occur to that extent. In the case of unusually high storage costs, the seller reserves the right to claim these.
In the case of returns within the scope of the right of withdrawal, the seller has the option to demand compensation for value according to § 357 Abs. 3 BGB. This obligation for compensation is waived if the buyer has treated the goods with care and returns them in the original packaging to avoid a reduction in value.
For exchange, return, or credit requests outside the statutory withdrawal period or from companies for which the seller is not responsible, a reversal will only take place after written confirmation by the seller. A fundamental prerequisite for this is the condition of the goods and their resaleable state. The expected refund amount results from the resale price achievable at the time of receipt of the goods by the seller minus a cancellation/processing fee of 10% of the invoice amount.
§ 8. Retention of Title
The delivered goods remain the property of the seller until full payment is received.
The buyer is obligated to treat the delivered goods with care and store them separately as long as ownership has not yet transferred to him. As long as ownership has not yet transferred, the buyer must notify the seller in writing without delay if the delivered goods are seized or subjected to any third-party interventions. If the third party is unable to reimburse the seller for the legal and extrajudicial costs of a claim according to § 771 of the German Civil Procedure Code (ZPO), the buyer is liable for the loss incurred.
Resale is only permitted in the course of regular business operations. The buyer hereby assigns to the seller all claims arising from the resale of the retained goods to the extent of the agreed invoice total (including VAT). This assignment applies regardless of whether the retained goods are sold without or after processing. The buyer remains authorized to collect the claim even after the assignment. The seller's right to collect the claim himself remains unaffected. However, the claim will not be collected as long as the buyer meets his payment obligations from the collected proceeds, is not in default, and in particular, no application for insolvency proceedings has been filed or a payment stop exists.
In business relationships with an entrepreneur, the goods owned by the seller during the duration of the retention of title must be insured by the buyer against fire, water, theft, and burglary. The rights from this insurance are assigned to the seller. The seller accepts this assignment.
The processing or transformation of the delivered goods by the buyer is always done in the name and on behalf of the seller. In this case, the buyer's right to the delivered goods from the seller continues in the transformed item. If the delivered goods are processed with other items not belonging to the buyer, the seller acquires co-ownership of the new item in proportion to the objective value of the delivered goods compared to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing occurs in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers proportional co-ownership to the seller and that the sole or co-ownership thus created is held for the contractor.
§ 9. Warranty, Duty to Inspect
The seller deals in new and used products.
The buyer is aware that used products may exhibit signs of use such as scratches, license stickers, inventory numbers, etc. This does not constitute a defect.
Used printers typically contain used toner cartridges or ink cartridges, for which the seller does not assume any warranty.
The products are generally in working condition unless explicitly offered as defective.
Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, only insignificant impairment of usability, natural wear and tear, or damage that occurs after the risk has transferred due to faulty or negligent handling, excessive strain, unsuitable operating materials, inadequate installation, or due to special external influences that were not contemplated by the contract. If improper repairs or modifications are made by the buyer or third parties, there are also no claims for defects for these and any resulting consequences.
If the buyer is not a consumer as defined in § 13 of the German Civil Code (BGB) or if the buyer acquires the goods in a commercial or independent interest, the seller provides a six-month guarantee from the delivery date for used devices and spare parts offered as functional.
Obvious defects must be reported by the buyer in writing to the seller within 14 days of delivery of the goods. Defects must be reported in writing to the seller within the warranty period, applicable if the buyer is a merchant, a legal entity under public law, or a special fund under public law.
The buyer initially has the choice of whether the subsequent performance should be by rectification or replacement delivery. However, the seller is entitled to refuse the type of subsequent performance chosen by the buyer if it is only possible with disproportionate costs and the other type of subsequent performance does not involve significant disadvantages for the buyer. During the subsequent performance, a reduction in the purchase price or withdrawal from the contract by the buyer is excluded.
A subsequent performance is deemed to have failed after the unsuccessful second attempt unless otherwise arises specifically from the nature of the item or the defect or from other circumstances. If the subsequent performance has failed or the seller has completely refused subsequent performance, the buyer may choose to demand a reduction in the purchase price (reduction) or declare withdrawal from the contract.
The limitation period for warranty claims of the buyer is two years for consumers for new goods and one year for used goods.
For entrepreneurs, the limitation period for new goods is one year and six months for used goods.
This period also applies to claims for compensation of defects arising from consequential damages, provided no claims are made based on tort.
The above-mentioned shortening of the limitation periods does not apply to claims for damages by the buyer due to injury to life, body, health, as well as for claims for damages due to violations of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. The above-mentioned shortening of the limitation periods also does not apply to claims for damages based on intentional or grossly negligent violations of duty by the buyer, his legal representatives, or vicarious agents.
The warranty period begins on the day of handover.
For parts installed in the course of a defect rectification, the buyer can only assert claims for material defects based on the purchase contract until the expiration of the limitation period for the purchased item.
Replaced parts become the property of the seller.
§ 10. Liability
Claims for damages by the buyer are excluded unless otherwise specified below. The above liability exclusion also applies in favor of the seller's legal representatives and vicarious agents if the buyer asserts claims against them.
Excluded from this specific liability exclusion are claims for damages due to injury to life, body, or health. The liability for damages caused by intentional or grossly negligent violations of duty by the seller, his legal representatives, or vicarious agents is also excluded from the liability exclusion.
Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
Unless the seller is liable based on a warranty assumed, liability for claims for damages is otherwise limited as follows: For damages caused by slight negligence, the seller is liable only to the extent that they result from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose observance the contractual partner was entitled to rely. The seller's liability for simple negligence according to this provision is limited to typically foreseeable damage.
For damages caused by slight negligence that result in delays, the seller's liability is limited to the typically foreseeable damage, but at most to 5% of the total price agreed in the affected contract.
The provisions of the preceding paragraphs also apply accordingly to limit the obligation to compensate for wasted expenditures (§ 284 BGB).
The buyer is solely responsible for securing the data stored on hard drives or for their deletion in the event of a return/repair order.
§ 11. Export License
Any necessary approvals from the Federal Office for Economic Affairs for the export of the delivered goods must be obtained by the buyer in his own name and at his own expense. The denial of such an export license does not entitle the buyer to withdraw from the contract.
§ 12. Use of Data
The seller collects data from the buyer only within the framework of contract execution. In doing so, the legal requirements, particularly those of the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG), are observed. Inventory and usage data of the buyer are only collected, processed, or used to the extent necessary for the execution of the contractual relationship. Personal data will of course be treated confidentially.
§ 13. Legal Basis, Place of Fulfillment
The contractual relationships between the seller and the buyer are subject to the law of the Federal Republic of Germany. The application of the UN Sales Law is excluded.
The place of jurisdiction for all disputes arising from the contractual relationship between the buyer and the seller is the seller's registered office, provided the buyer is a merchant, a legal entity under public law, or a special fund under public law.
The place of fulfillment is the registered office of Hirsch Automation, provided the buyer is a merchant, a legal entity under public law, or a special fund under public law.