General Terms and Conditions

Wilhelm Hundt GmbH
Status: October 2022

§ 1 Scope of application, form

(1) These General Terms and Conditions (“GTC”) apply to all our business relationships with our customers (“Buyer”).

(2) The products offered in our online store are aimed exclusively at entrepreneurs.
For the purposes of these General Terms and Conditions, an “entrepreneur” is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 (1) BGB).

(3) The GTC apply in particular to contracts for the sale and/or delivery of movable goods (“Goods”), irrespective of whether we manufacture the Goods ourselves or purchase them from suppliers. Unless otherwise agreed, the GTC in the version valid at the time of the Buyer’s order or in any case in the version last communicated to him in text form shall also apply as a framework agreement for similar future contracts without us having to refer to them again in each individual case.

(4) The customer’s terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.

(5) Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments), in particular certain guarantees of properties or recommendations for the use of our goods as well as information on repair times and periods, require our express written confirmation in order to be legally effective. Our sales representatives are authorized to place orders. An order shall not be deemed to have been accepted until it has been confirmed in writing by our company.

(6) Legally relevant declarations and notifications of the Buyer in relation to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the declaring party, remain unaffected.

(7) References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.

§ 2 Conclusion of contract

(1) Our offers are subject to change and non-binding. This shall also apply if we have provided the Buyer with catalogs, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents – also in electronic form – to which we reserve ownership rights and copyrights; they may not be reproduced and made accessible to third parties without our express written consent.

(2) The order of the goods by the Buyer shall be deemed a binding contractual offer. Unless otherwise stated in the order, we shall be entitled to accept this contractual offer within two (2) weeks of its receipt by us. Orders are always binding. Goods delivered free of defects will only be taken back as a gesture of goodwill and by separate agreement in individual cases. We do not take back custom-made products.

(3) Acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the Buyer.

(4) The order in the online store at www.hundt.de, www.hundtgroup.com constitutes an offer to conclude a purchase contract. After the order has been placed, hundtgroup.com sends an order confirmation of receipt of the order by e-mail. This order confirmation merely confirms receipt of the order, it does not constitute acceptance of the order. A purchase contract is concluded by sending a separate order confirmation by e-mail. A binding contract can be concluded beforehand if the customer has selected the PayPal payment method. In this case, the contract is concluded at the time of confirmation of the payment instruction to PayPal by the customer.

§ 3 Delivery period and delay in delivery

(1) Specified delivery and unloading times are always non-binding unless expressly agreed otherwise in writing. The commencement of the delivery period shall be subject to the receipt of all documents to be supplied by the Buyer, such as compliance with the agreed terms of payment and other obligations, as well as agreement on all technical issues which the parties have reserved the right to clarify upon conclusion of the contract. If these conditions are not fulfilled in time, the delivery period shall be extended accordingly.

(2) If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the Buyer of this immediately and at the same time inform the Buyer of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately reimburse any consideration already paid by the Buyer. A case of non-availability of the service in this sense is in particular the non-timely self-delivery by our supplier if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in individual cases.

(3) The Buyer’s rights pursuant to § 8 of these GTC and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), shall remain unaffected.

§ 4 Delivery, transfer of risk, acceptance, default of acceptance

(1) Delivery shall be ex warehouse, which is also the place of performance for the delivery and any subsequent performance. At the Buyer’s request and expense, the goods shall be shipped to another destination (sale by dispatch). Unless otherwise agreed, we shall be entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves. Transport insurance will only be taken out at the express request of the buyer. Any costs arising from this shall be borne solely by the Buyer (§ 448 BGB).

(2) The risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer at the latest upon handover. In the case of sale by dispatch, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the Buyer upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If acceptance has been agreed, this shall be decisive for the transfer of risk.

§ 5 Prices and terms of payment

(1) Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract shall apply, ex warehouse, plus statutory VAT. These prices do not include installation, commissioning and assembly costs or packaging, freight, postage and insurance costs. If additional or increased charges – in particular customs duties, levies, currency compensation – are incurred between conclusion of the contract and delivery due to changes in legal norms, we shall be entitled to increase the agreed purchase price accordingly. The same applies to inspection fees.
If, after conclusion of the contract but before delivery of the goods, extraordinary, significant increases in the costs of raw materials, energy or freight occur for us or our suppliers and if these lead to a significant increase in our purchase prices and cost prices, we are entitled to demand immediate negotiations with the customer regarding a price adjustment. If we are unable to agree on the amount of the price within 14 days of receipt of the request for a price increase, both parties shall be entitled to terminate the contract without notice for the part of the contract not yet performed by delivery, without the terminating party being liable for any delay in performance or non-performance of its obligations.

(2) In the case of sale by delivery to a place other than the place of performance (pursuant to § 4 (1) of these GTC), the Buyer shall bear the transportation costs ex warehouse and the costs of any transportation insurance requested by the Buyer. Any customs duties, fees, taxes and other public charges shall be borne by the Buyer.

(3) Upon acceptance of our order confirmation, it shall be deemed agreed that the legally defined billing requirements are met.

(4) The purchase price is due and payable after confirmed payment terms according to the order confirmation.
The customer can order in the online store by prepayment, by PayPal, or by purchase on account. In the case of orders with very high order values or insufficient credit checks, we reserve the right to deliver these only against advance payment.
When ordering in the online store, the purchase on account takes place via a registration, which reserves the right to carry out a credit check. Further information on credit checks can be found in the data protection information.

We reserve the right to apply deviating conditions (advance payment, payment by third party, letter of credit or similar) in individual cases. In the case of deliveries abroad, we may demand the opening of an irrevocable and confirmed letter of credit, payable at a bank specified by us, or other equivalent securities.

We send our invoices either by post or electronically by e-mail. However, we are entitled at any time, even in the context of an ongoing business relationship, to make a delivery in whole or in part only against advance payment. We shall declare a corresponding reservation at the latest with the order confirmation.

(5) The Buyer shall be in default upon expiry of the above payment period. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to claim further damages caused by default. Our claim against merchants for commercial maturity interest remains unaffected.

(6) The Buyer shall only be entitled to set-off or retention rights to the extent that his claim has been legally established or is undisputed. In the event of defects in the delivery, the Buyer’s counter-rights shall remain unaffected.

(7) If it becomes apparent after conclusion of the contract (e.g. through an application for the opening of insolvency proceedings) that our claim to the purchase price is jeopardized by the Buyer’s inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the contract. In the case of contracts for the manufacture of non-fungible goods (custom-made products), we may declare our withdrawal immediately; the statutory provisions on the dispensability of setting a deadline shall remain unaffected.

(8) An order via the online store must reach a minimum order value of 50.00 euros. This may not apply to existing customers.