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General Terms and Conditions

General Terms and Conditions (Online Shop)

 

§1 Scope of application and general provisions

  1. These terms and conditions apply to all orders placed through the online shop of Holmer Maschinenbau GmbH, represented by the Managing Director Wolfgang Bergmann, Regensburger Str. 20, 84069 Schierling/Eggmühl, Germany, hereinafter referred to as 'Holmer'.
  2. The business relations between Holmer and the Customer shall be governed exclusively by the following Terms and Conditions.

 

§2 Conclusion of contract

  1. The range of products offered in the online shop is merely a non-binding offer to the Customer to propose the conclusion of a corresponding purchase agreement with Holmer.
  2. By clicking the 'Place a binding order' button, the Customer submits a binding offer. Upon receipt of this order at Holmer, the Customer will receive an automatically generated email from Holmer confirming the receipt of the order. This confirmation of receipt does not yet constitute acceptance of the order.
  3. An effective purchase contract is concluded only when Holmer expressly confirms acceptance of the purchase offer by the Customer or if Holmer ships the goods to the Customer without prior express confirmation of acceptance.

 

§3 Prices

The prices listed in the online shop include VAT. The prices listed are retail prices plus shipping costs. Shipping will be made free of charge if the order value exceeds EUR 25.

 

§4 Delivery, retention of title

  1. The delivery time is generally from 5 days after receipt of payment or, in the case of COD, 5 days after order confirmation. Holmer reserves the right to specify any different delivery times for any product listed in the online shop.
  2. The goods will remain the property of the Holmer until full payment is made for the same.

 

§5 Right of retention, offset

  1. The Customer may exercise a right of retention only for counterclaims arising from the same contractual relation with Holmer.
  2. The Customer may offset their claims only with final and binding counterclaims against or claims not contested by Holmer.

 

§6 Transport damage

If goods have obvious transport damage on delivery, the Customer should report such damage immediately, if possible, to the carrier and contact Holmer without undue delay. Failure to report such damage or contact Holmer is without prejudice to the statutory claims of the Customer and their pursuit, in particular on the Customer's warranty claims; however, they assist Holmer in pursuing their own claims against the freight carrier or transport insurance

 

§7 Warranty

Unless expressly otherwise agreed, Holmer shall be liable for defects in accordance with the applicable statutory provisions (sections 433 et seq. of the German Civil Law Code [BGB]).

In case of defects, Holmer will discharge the warranty at their choice either by repair or substitute performance (cure).

If the defect cannot be remedied, the Customer shall be entitled to demand - at their choice - a reduction of the purchase price or withdraw from the contract. After a second unsuccessful attempt, the remedy of the defect shall be deemed to have failed, unless indicated otherwise by the nature of the goods or defect or by any other circumstances. In case of repair, Holmer shall not be required to bear the increased costs resulting from the fact that the goods were transported to a location other than the place of performance, unless the transport to such other location is in line with the intended use of the goods.

 

§8 Liability

  1. Holmer is liable for intent and gross negligence as well as in accordance with the provisions of the Product Liability Act. In case of damage resulting from the death, physical injury and health impairment of persons, Holmer shall be liable also for slight negligence.
  2. As far as essential contractual obligations are concerned, Holmer's liability for damage caused by slight negligence shall be limited to contract-typical, foreseeable damage. Essential contractual obligations are fundamental obligations which must be complied with in order to properly fulfil the contract and which the other contracting party may typically expect to be complied with (cardinal duties).
  3. In case of slight negligence, liability is limited in the amount to the contract-typical damage foreseeable at the time of conclusion of the contract. These limitations of liability also apply in respect of Holmer's vicarious agents.

 

§9 Choice of law, place of performance and place of jurisdiction

  1. Contracts concluded by Holmer and the Customer shall be governed exclusively by German law. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
  2. If the Customer does not have a general place of jurisdiction in Germany or the EU, or if the Customer's residence or habitual abode is not known at the time of filing of the action, the registered office of Holmer shall be the place of performance for all services and deliveries based on the business relations existing with Holmer and the place of jurisdiction. The right to file an action at any other place of jurisdiction provided for by law remains unaffected.

 

* incl. tax, plus shipping